Eastern Gateway Community College v. Cardona et al
| Eastern Gateway Community College |
| Secretary Miguel Cardona and United States Department of Education |
| 2:2022cv03326 |
| September 2, 2022 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| James L Graham |
| Sarah D Morrison |
| Chelsey M Vascura |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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Filing 39
Transcript of Motion for Preliminary Injunction Oral Argument Proceedings held on October 21, 2022, before Judge James L. Graham. Court Reporter/Transcriber Allison Lewis Kimmel, Telephone number 614.719.3225. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 11/18/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/26/2023. (ak)
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Filing 38
Minute Entry for proceedings held before Judge James L. Graham: Motion Hearing held on 10/21/2022 re #19 MOTION to Dismiss for Lack of Jurisdiction and Opposition to Plaintiff's Motion for Preliminary Injunction filed by Miguel Cardona, United States Department of Education. (Court Reporter: Allison Kimmel) (ds)
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Filing 37
OPINION AND ORDER granting #4 Motion for Preliminary Injunction. Signed by Judge James L. Graham on 10/21/22. (ds)
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Filing 36
ORDER granting #25 Motion for Leave to File. Oral Aurguments set for 10/21/2022 @9:00 AM in Courtroom 148 - Columbus before Judge James L. Graham. Signed by Judge James L. Graham on 10/12/22. (ds)
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Filing 35
Notation ORDER Granting #27 Motion to Vacate the 10/13/2022 Preliminary Pretrial Conference. By Magistrate Judge Elizabeth Preston Deavers on 10/12/2022. (sln)
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Filing 34
NOTICE: Telephone Conference set for 10/12/2022 @1:00 PM in Chambers before Judge James L. Graham. (ds)
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Filing 33
MOTION for Hearing (Telephone Status Conference) by Plaintiff Eastern Gateway Community College. (Fuller, Adam)
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Judge James L. Graham added. Judge Edmund A. Sargus no longer assigned to case. (er)
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Filing 32
ORDER OF RECUSAL. The undersigned judge hereby recuses himself from the above case. The Clerk of Courts shall reassign the case to another judge by random draw. Signed by Judge Edmund A. Sargus on 10/8/2022. (cmw)
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The Preliminary Injunction Hearing scheduled for 10/11/2022 at 10:00 a.m. in courtroom number 311 before Judge Edmund. A. Sargus, Jr. is VACATED. (cmw)
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Filing 31
Minute Entry for proceedings held before Judge Edmund A. Sargus: Telephone Status Conference held on 10/7/2022. (Court Reporter: Shawna Evans) (cmw)
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Filing 30
RESPONSE in Opposition re #27 MOTION to Continue Preliminary Pretrial Conference and Associated Rule 26 Deadlines filed by Plaintiff Eastern Gateway Community College. (Fuller, Adam)
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Filing 29
NOTICE of Hearing: Telephone Status Conference set for 10/7/2022 at 02:00 PM via Teleconference before Judge Edmund A. Sargus. (cmw)
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Filing 28
ORDER - Re #27 MOTION to Continue Preliminary Pretrial Conference and Associated Rule 26 Deadlines. The default briefing schedule shall not apply. Plaintiff shall file any response to the motion to continue on or before OCTOBER 7, 2022. No reply will be permitted unless ordered by the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on October 5, 2022. (jlk)
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Filing 27
MOTION to Continue Preliminary Pretrial Conference and Associated Rule 26 Deadlines by Defendants Miguel Cardona, United States Department of Education. (Ely, Alexander)
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Filing 26
RESPONSE in Opposition re #25 MOTION for Leave to File Sur-Reply to Defendants' Reply in Support of Motion to Dismiss and Request for Telephone Status Conference filed by Defendants Miguel Cardona, United States Department of Education. (Ely, Alexander)
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Filing 25
MOTION for Leave to File Sur-Reply to Defendants' Reply in Support of Motion to Dismiss and Request for Telephone Status Conference by Plaintiff Eastern Gateway Community College. (Attachments: #1 Exhibit A - Sur-Reply, #2 Exhibit 1 to Sur-Reply) (Fuller, Adam)
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Filing 24
REPLY to Response to Motion re #19 MOTION to Dismiss for Lack of Jurisdiction and Opposition to Plaintiff's Motion for Preliminary Injunction Reply Brief in Support of Motion to Dismiss filed by Defendants Miguel Cardona, United States Department of Education. (Attachments: #1 Exhibit) (Ely, Alexander)
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Filing 23
SUMMONS Returned Executed as to Defendant United States Department of Education. (Fuller, Adam)
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Filing 22
SUMMONS Returned Executed as to Defendant United States Department of Education. United States Department of Education served on 9/14/2022, answer due 11/14/2022. (Fuller, Adam)
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Filing 21
SUMMONS Returned Executed as to Defendant Miguel Cardona. Miguel Cardona served on 9/13/2022, answer due 11/14/2022. (Fuller, Adam)
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Filing 20
RESPONSE to Motion re #4 MOTION for Preliminary Injunction , #19 MOTION to Dismiss for Lack of Jurisdiction and Opposition to Plaintiff's Motion for Preliminary Injunction filed by Plaintiff Eastern Gateway Community College. (Fuller, Adam)
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Filing 19
MOTION to Dismiss for Lack of Jurisdiction and Opposition to Plaintiff's Motion for Preliminary Injunction by Defendants Miguel Cardona, United States Department of Education. (Attachments: #1 Exhibit Early Declaration, #2 Exhibit HLC Letter, #3 Exhibit Early Email to EGCC) (Ely, Alexander)
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Filing 18
Order - Rule 65.1 Telephone Status Conference held 9/13/2022. Preliminary Injunction Hearing set for 10/11/2022 at 10:00 AM in Courtroom 311 - Columbus before Judge Edmund A. Sargus. Signed by Judge Edmund A. Sargus, Jr. 9/15/2022 (Court Reporter Crystal Hatchett.) (cmw)
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Filing 17
Minute Entry for proceedings held before Judge Edmund A. Sargus: Rule 65.1 Telephone Status Conference held on 9/13/2022. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 16
NOTICE of Hearing:Preliminary Pretrial Conference set for 10/13/2022 10:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
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Filing 15
NOTICE of Appearance by Alexander N. Ely for Defendants Miguel Cardona, United States Department of Education (Ely, Alexander)
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Filing 14
NOTICE by Plaintiff Eastern Gateway Community College of Service Under Local Rule 65.1 (Attachments: #1 Exhibit 1 - Service Letter, #2 Exhibit 2 - Service Email) (Fuller, Adam)
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Filing 13
NOTICE of Hearing: Rule 65.1 Telephone Status Conference set for 9/13/2022 at 03:45 PM via Teleconference before Judge Edmund A. Sargus. (cmw)
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Judge Edmund A. Sargus and Magistrate Judge Elizabeth Preston Deavers added. Judge Sarah D. Morrison and Magistrate Judge Chelsey M. Vascura no longer assigned to case. (sem)
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Filing 12
NOTATION ORDER this case is related to another case within this court and will be REASSIGNED to another Judge. Signed by Judge Sarah D. Morrison on 9/8/2022. (merc)
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Filing 11
Summons Issued as to United States Department of Education c/o U.S. Attorney and United States Department of Education c/o U.S. Attorney General (Attachments: #1 Summons Form c/o AUSA) (kk2)
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Filing 10
REQUEST for Issuance of Summons. (Fuller, Adam)
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Filing 9
REQUEST for Issuance of Summons. (Fuller, Adam)
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Filing 8
NOTATION ORDER granting #2 & #3 Motions for Leave to Appear Pro Hac Vice of Bonnie Little Graham & Madelaine Cleghorn as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 9/7/2022. (kk2)
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Filing 7
NOTICE of Non-Issuance of Summons by Clerk of Southern District of Ohio: The summons is not directed to the Defendant. If the person to be served is someone other than a named defendant, such as in a case where the United States or an officer or agency of the United States is the named defendant, you must put the named defendant name after "To:" followed by the name and address of the person to be served, preferably preceded by the designation c/o." (Attachments: #1 Summons Form Garland, #2 Summons Form US Attorney) (kk2)
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Filing 6
Summons Issued as to Miguel Cardona (kk2)
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Filing 5
MOTION to Expedite Discovery by Plaintiff Eastern Gateway Community College. (Attachments: #1 Exhibit Ex.1 - RFP to DOE, #2 Exhibit Ex. 2 - FOIA Request Confirmation) (Fuller, Adam)
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Filing 4
MOTION for Preliminary Injunction by Plaintiff Eastern Gateway Community College. (Attachments: #1 Exhibit A - Geoghegan Declaration, #2 Exhibit Ex. 1 EGCC Cease and Desist Letter, #3 Exhibit Ex. 2 ODHE Directive, #4 Exhibit Ex. 3 EGCC Appeal of Cease and Desist, #5 Exhibit Ex. 4 EGCC Appeal Denial, #6 Exhibit Ex. 5 7.29.22 Notice, #7 Exhibit Ex. 6 8.5.2022 DOE Response to EGCC, #8 Exhibit Ex. 7 EGCC_OH_007275_HCM2 Letter, #9 Exhibit Ex. 8 EGCC Teach Out Agreement Request, #10 Exhibit Ex. 9 EGCC Student Testimonials) (Fuller, Adam)
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Filing 3
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9031939) of Madelaine Cleghorn by Plaintiff Eastern Gateway Community College. (Attachments: #1 Exhibit Certificate of Good Standing) (Fuller, Adam)
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Filing 2
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9031932) of Bonnie Little Graham by Plaintiff Eastern Gateway Community College. (Attachments: #1 Exhibit Certificate of Good Standing) (Fuller, Adam)
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Filing 1
COMPLAINT with JURY DEMAND for Injunctive Relief and Damages against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9031857), filed by Eastern Gateway Community College. (Attachments: #1 Exhibit EGCC Cease and Desist Letter, #2 Exhibit ODHE Directive, #3 Exhibit EGCC Appeal of Cease and Desist, #4 Exhibit EGCC Appeal Denial, #5 Exhibit 5 7.29.22 Notice, #6 Exhibit 6 8.5.2022 DOE Response to EGCC, #7 Exhibit Letter, #8 Exhibit Teach Out Agreement Request, #9 Civil Cover Sheet Civil Cover Sheet, #10 Summons Form AG, #11 Summons Form DOE, #12 Summons Form SD Ohio) (Fuller, Adam)
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