COMMONWEALTH OF PENNSYLVANIA et al v. DEVOS et al
| DISTRICT OF COLUMBIA, STATE OF COLORADO, STATE OF MARYLAND, STATE OF MINNESOTA by and through ATTORNEY GENERAL KEITH ELLISON, STATE OF CONNECTICUT, COMMONWEALTH OF PENNSYLVANIA, STATE OF NEW YORK, STATE OF VERMONT, COMMONWEALTH OF MASSACHUSETTS, STATE OF RHODE ISLAND, PEOPLE OF THE STATE OF ILLINOIS, STATE OF HAWAII, STATE OF WISCONSIN, STATE OF DELAWARE, STATE OF NEW JERSEY, ATTORNEY GENERAL DANA NESSEL on behalf of THE PEOPLE OF MICHIGAN, STATE OF OREGON, STATE OF NORTH CAROLINA ex rel. ATTORNEY GENERAL JOSHUA H. STEIN, COMMONWEALTH OF VIRGINIA ex rel. ATTORNEY GENERAL MARK R. HERRING, STATE OF NORTH CAROLINA, STATE OF MINNESOTA, DANA NESSEL and COMMONWEALTH OF VIRGINIA |
| ELISABETH D. DEVOS and UNITED STATES DEPARTMENT OF EDUCATION |
| 1:2020cv01719 |
| June 24, 2020 |
| US District Court for the District of Columbia |
| Ketanji Brown Jackson |
| Other Statutory Actions |
| 05 U.S.C. § 702 |
| None |
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This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.
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Filing 19
GENERAL ORDER AND GUIDELINES APPLICABLE TO APA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for batching motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/19/2020. (jag)
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MINUTE ORDER adopting the parties' proposed schedule for briefing the issue of Article III standing: Plaintiffs' Amended Complaint shall be filed on or before 10/2/2020; Defendants' Motion to Dismiss shall be served on or before 11/6/2020; Plaintiffs' Opposition shall be served on or before 12/7/2020; Defendants' Reply shall be served on or before 12/21/2020; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 1/22/2021. Signed by Judge Ketanji Brown Jackson on 8/19/2020. (jag)
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| Filing 18 Joint PROPOSED BRIEFING SCHEDULE by COMMONWEALTH OF PENNSYLVANIA. (Attachments: #1 Text of Proposed Order)(Boyer, Jacob) Modified event title on 8/19/2020 (znmw). |
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MINUTE ORDER. In the related case of Maryland v. Department of Education, No. 17-cv-2139 (KBJ), 2020 WL 4039315 (D.D.C. July 17, 2020), this Court dismissed for lack of Article III standing a legal action that certain states had brought to challenge Defendants' efforts to resist implementation of the 2014 Gainful Employment Rule. The Court specifically held that (1) "the States have not established a cognizable injury to their nonsovereign interests[,]" and that (2) "Congress has not given the States permission to rely upon the doctrine of parens patriae standing for APA claims such as those in the instant complaint[,]" id. at *11. Given the holding in Maryland, this Court will require the parties in the instant case to address Article III standing issue as a threshold matter, prior to briefing other issues in this case. Accordingly, it is hereby ORDERED that the parties shall meet and confer, and shall file, on or before August 17, 2020, a joint proposed briefing schedule for briefing the issue of Article III standing. Signed by Judge Ketanji Brown Jackson on 08/10/2020. (lckbj2)
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MINUTE ORDER, affirming related-case designation. Before this Court is a dispute between the parties over whether the instant matter is related to Maryland v. Department of Education, No. 17-cv-2139, under the Court's Local Rules. At the time their complaint was filed, Plaintiffs designated the instant matter for related-case treatment in accordance with Local Rules 40.5(b)(2) and 40.5(a)(3) (see Pls.' Notice of Related Case, ECF No. #2 ), and accordingly, this case was directly assigned to the undersigned pursuant to Local Rule 40.5(c)(1). Defendants later objected to this related-case designation (see Defs.' Objection to Notice of Related Case, ECF No. #12 ), but that objection has since been withdrawn (see Defs.' Notice of Withdrawal, ECF No. #15 ), and the Maryland case has now been dismissed, see Maryland v. Department of Education, No. 17-cv-2139 (KBJ), 2020 WL 4039315 (D.D.C. July 17, 2020). Due to this development, Plaintiffs have shifted positions: although they insist that, at the time of filing, they properly designated the two cases as related under Local Rule 40.5(a)(3), they now maintain that Local Rule 40.5(a)(4) should govern the related-case designation and thus the cases are no longer related. (See Pls.' Response to Defs.' Notice of Withdrawal, ECF No. #16 , at 2-4.) This Court has concluded that the related nature of cases is to be decided at the time of filing pursuant to Local Rule 40.5(b)(2), and it agrees with Plaintiffs that the instant matter was related to Maryland at its inception pursuant to Local Rule 40.5(a)(3), because the cases involve common issues of fact surrounding Defendants' prolonged efforts to resist implementation of the GE Rule, and they grow out of the same set of events concerning the Defendants' regulation of GE Programs. Therefore, the Court finds that the initial related-case designation was proper, and it rejects Plaintiffs' argument that this case should now be reassigned. Signed by Judge Ketanji Brown Jackson on 08/09/2020. (lckbj2)
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| Filing 17 CERTIFICATE OF SERVICE by COMMONWEALTH OF PENNSYLVANIA . (Boyer, Jacob) |
| Filing 16 RESPONSE re #15 to Defendants' Withdrawal of Related Case Objection filed by COMMONWEALTH OF PENNSYLVANIA. (Boyer, Jacob) Modified to add link on 8/4/2020 (znmw). |
| Filing 15 NOTICE of Withdrawal of Objection by ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION re #12 Notice (Other), Order,,,, Set Deadlines,,, (Wyer, Kathryn) |
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MINUTE ORDER. In response to this Court's July 20, 2020, Minute Order, Defendants have filed a #15 Notice of Withdrawal of Objection to Notice of Related Case, notifying the Court that, "having reviewed the Court's opinion in Maryland v. Dep't of Education, No. 17-cv-2139, 2020 WL 4039315 (D.D.C. July 17, 2020), [Defendants] withdraw their objection to plaintiffs designation of this case as a case related to Maryland." (Defs.' Notice of Withdrawal, ECF No. 15, at 1.) Accordingly, it is hereby ORDERED that, on or before August 10, 2020, Plaintiffs shall file a response to Defendants' Notice of Withdrawal that is no more than 15 pages in length. Signed by Judge Ketanji Brown Jackson on 07/23/2020. (lckbj2)
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MINUTE ORDER. On June 24, 2020, Plaintiffs filed a #2 Notice of Related Case, informing the Court that the instant matter might be related to another, then-pending case before this Court, Maryland v. Department of Education, No. 17-cv-2139. The Court is now in receipt of Defendants' #12 Objection to Notice of Related Case. In light of the Court's recent opinion in Maryland, see Maryland v. Dept of Education, No. 17-cv-2139, 2020 WL 4039315 (D.D.C. July 17, 2020), it is hereby ORDERED that Defendants shall notify this Court on or before Monday, July 27, 2020, of whether they intend to continue to object to Plaintiffs' #2 Notice of Related Case or whether they wish to withdraw their objection. If Defendants maintain their objection, it is FURTHER ORDERED that Plaintiffs shall respond to Defendants' #12 Objection on or before August 10, 2020, by filing a responsive brief of no longer than 15 pages. Signed by Judge Ketanji Brown Jackson on 07/20/2020. (lckbj2)
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| Filing 14 NOTICE of Appearance by Michael John Fischer on behalf of COMMONWEALTH OF PENNSYLVANIA (Fischer, Michael) (Main Document 14 replaced on 7/17/2020) (zjf). |
| Filing 13 NOTICE of Appearance by Katherine A. Campbell on behalf of STATE OF OREGON (Campbell, Katherine) |
| Filing 12 WITHDRAWN PURSUANT TO NOTICE FILED 7/23/2020.....OBJECTION by ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION re #2 Notice of Related Case (Wyer, Kathryn) Modified on 7/27/2020 (znmw). |
| Filing 11 NOTICE of Appearance by Kathryn L. Wyer on behalf of ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION (Wyer, Kathryn) |
| Filing 10 NOTICE of Appearance by Shannon Ashley Conlin on behalf of STATE OF WISCONSIN (Conlin, Shannon) |
| Filing 9 NOTICE of Appearance by Christopher James Curtis on behalf of STATE OF VERMONT (Curtis, Christopher) |
| Filing 8 NOTICE of Appearance by Christopher John Madaio on behalf of STATE OF MARYLAND (Madaio, Christopher) |
| Filing 7 NOTICE of Appearance by Gregory Wood Jones on behalf of PEOPLE OF THE STATE OF ILLINOIS (Jones, Gregory) |
| Filing 6 NOTICE of Appearance by Joseph J Chambers on behalf of STATE OF CONNECTICUT (Chambers, Joseph) |
| Filing 5 NOTICE of Appearance by Vanessa L. Kassab on behalf of STATE OF DELAWARE (Kassab, Vanessa) (Main Document 5 replaced on 6/30/2020) (zjf). |
| Filing 4 NOTICE of Appearance by Christian Douglas Wright on behalf of STATE OF DELAWARE (Wright, Christian) |
| Filing 3 SUMMONS (4) Issued Electronically as to ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Case Assigned to Judge Ketanji Brown Jackson. (adh, ) |
| Filing 2 NOTICE OF RELATED CASE by COMMONWEALTH OF PENNSYLVANIA. Case related to Case No. 17cv2139. (Boyer, Jacob) |
| Filing 1 COMPLAINT against ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION (Fee Status:Filing Fee Waived) filed by COMMONWEALTH OF PENNSYLVANIA. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Boyer, Jacob) |
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