Documents

Calvillo Manriquez v. DeVos

Complaince Report

On May 1, 2020, the Department of Education filed a Monthly Compliance Report.

Defendants' Brief in Response to February 11, 2020 Order

On February 24, 2020, Defendants filed a brief in response to the Court's order.

Plaintiffs' Response to Court's Order Regarding Contempt Sactions and Sovereign Immunity

On March 10, 2020, Plaintiffs responded to the Court's order regarding contempt sanctions and sovereign immunity.

Order Requiring Briefing and Setting Hearing

On February 11, 2020, Plaintiffs moved for reconsideration of the Court's Order regarding sanctions.

Opposition to Plaintiffs' Motion for Partial Reconsideration

On January 22, 2020, Defendants filed an Opposition to the Plaintiffs' Motion for Partial Reconsideration.

Plaintiffs’ Motion for Partial Reconsideration

On December 23, 2019, Plaintiffs' filed a Motion for Partial Reconsideration.

Notice of Withdrawal

On November 5, 2019, the Department of Education filed a notice to withdrawal its motion to reconsider sanctions.

Motion for Leave to File Motion for Partial Reconsideration

On November 1, 2019, the Department of Education filed a motion for partial reconsideration for the Court's sanctions.

Order Regarding Sanctions

On October 24, 2019 the court found the Defendants in civil contempt and ordered sanctions of $100,000.

Plaintiff's Brief in Support of Contempt and Sanctions

On October 21, 2019, Plaintiffs filed a brief in support of contempt and sanctions.

Defendants' Brief in Response to Order

On October 15, 2019, the Government filed a response to the order issued on October 8, 2019

Order Lifting Stay

On October 8, 2019, the Court lifted the stay.

Compliance Report

On September 18, 2019, the Department filed a report with the Court detailing its non-compliance with the Court’s prior preliminary injunction order.

Plaintiffs’ Reply In Support of Motion to Lift Stay and Enforce Injunction

On August 5, 2019, Plaintiffs filed their reply in support of their motion to lift the stay of proceedings and to enforce the preliminary injunction.

Department of Education’s Opposition to Motion to Lift Stay of Proceedings and Enforce Injunction.

On July 29, 2019, the Department of Education filed an opposition to the Plaintiffs Motion to Lift Stay of Proceedings and Enforce Injunction.

Motion to Lift Stay of Proceedings and to Enforce Preliminary Injunction

On July 15, 2019, Plaintiffs filed a motion asking the court to lift the stay of proceedings it entered in August 2018 and to allow the case to move forward. Plaintiffs also filed a motion to enforce the preliminary injunction to address the Department’s recent violations of that injunction.

Order Certifying Plaintiffs’ Class

On October 15, 2018, the Court granted Plaintiffs’ motion for class certification, permitting Plaintiffs to pursue the case as a class action.

Plaintiffs’ Reply in Support of Class Certification

Plaintiffs responded to the Department’s objection related to their proposed class definition and explained to the Court why its proposal is appropriate.

Defendants’ Response to Plaintiffs’ Motion for Class Certification

The Department of Education notified the Court that it did not oppose certification of a class, subject to an objection related to Plaintiffs’ proposed class definition.

Department of Education’s Reply in Support of its Motion to Stay Proceedings Pending Appeal

On August 16, 2018, the Department of Education filed its reply brief in support of its motion to stay proceedings pending appeal. The Department continues to urge the court to put all proceedings in the district court on hold until the Ninth Circuit reviews the Court’s preliminary injunction decision.

Court Order on Continuance

The Court has continued all hearing dates until it decides Defendants’ motion to stay the district court proceedings pending appeal.

Plaintiffs’ Opposition to Defendants’ Motion

Plaintiffs contend that the parties should continue litigating the case during the pendency of the Ninth Circuit appeal.

Defendants’ Motion for a Stay Pending Appeal

On July 26, 2020, The Department file a Motion for a Stay Pending Appeal. The Department seeks to halt all district court proceedings pending the Ninth Circuit’s decision on the preliminary injunction appeal.

Department of Education's Reply in Support of Defendants' Motion for Clarification of Amended Order

On July 20, 2020 the Department filed a reply to the Plaintiffs' response to the motion for clarification.

Plaintiff's Response to Defendants' Motion for Clarification

On July 13, 2018, Plaintiffs filed their response to the Department’s Motion for Clarification.

Department of Education’s Motion for Clarification

On June 29, 2018, the Department filed a motion seeking clarification on the Court’s preliminary injunction regarding putative class members who have not yet submitted a borrower defense attestation form.

Plaintiff's Exhibit A to Notice Regarding Briefing Protocol

January 2017 Department of Education Memorandum on Borrower Defense for borrowers who attended American Career Institute’s Massachusetts campuses.

Notice Regarding Briefing Protocol for issues related to Administrative Record

On June 11, 2018, the Court advised "the parties that any issues regarding attorney-client privilege will be referred to another Magistrate Judge for determinations" and ordered the parties to "meet and confer on how best to brief this issue."

Amended Order Regarding Plaintiffs' Motion for Preliminary Injunction

On June 19, 2018, the Court modified the previous Order granting in part and denying in part Plaintiffs' motion for preliminary injunction.

Parties' Proposed Injunction Language

On June 11, 2018, the Court held a case management conference at which it indicated that it intended to clarify the preliminary injunction it issued on May 25, 2018, see ECF No. 60 (the "May 25 PI Order") and, to that end, ordered the parties to "submit a joint document with proposed...

Attachment A to Plaintiff's Proposed Injunction Language

Evidence that shows the Department of Education can determine who is a member of the putative class through its own documents and data systems.

Department of Education's Support Brief

On May 31, 2018 the Department of Education filed a brief in response to the Court's May 25, 2018 order.

Plaintiffs' Supplemental Memorandum

On May 31, 2018, Plaintiffs' filed a Supplemental Memorandum in response to the Court's May 25th Order.

Order Granting in Part and Denying in Part Plaintiff's Motion for Preliminary Injunction

On May 25, 2018, the Court granted in part and denied in part Plaintiffs' Motion for Preliminary Injunction.

Reply in Support of Preliminary Injunction

On April 19, 2018, Plaintiffs' filed a Reply in Support of their Motion for Preliminary Injunction.

Motion for Class Certification

On April 19, 2018, Plaintiffs' filed a Motion for Class Certification.

Legal Aid Amicus Brief

This brief is submitted by Public Law Center, Public Counsel and National Consumer Law Center, non-profit legal aid and advocacy organizations as Amici Curiae. Amici work with student loan borrowers who have been harmed by predatory schools...

Debt Collective Amicus Brief

Pursuant to the Court's April 3 Order Regarding Amicus Briefing, prospective amicus curiae The Debt Collective respectfully request leave to file an amicus brief in this matter...

States' Amicus Brief on Preliminary Injunction

The Attorneys General of California, Illinois, Maryland, and Massachusetts ("Amici States") were instrumental in securing the widespread borrower-defense relief at issue in this case...

Exhibits to Department's Opposition to Preliminary Injunction

The Department of Education's exhibits detailing its methodology and justification of a rule providing for partial denials of borrower defense applications.

Department of Education's Opposition to Preliminary Injunction

On April 12, 2018, the Department of Education filed an opposition to borrowers' motion for a preliminary injunction.

Amicus Brief Procedures Order

On April 3, 2018, the court issued an order setting forth the procedures for filing an amicus brief regarding Plaintiffs’ motion for a preliminary injunction. All amicus briefs must be submitted by April 16, 2018...

Motion for Preliminary Injunction

On March 17, 2018, Plaintiffs filed a Notice of Motion and Motion for Preliminary Injunction.

Amended Complaint

On March 17, 2018, Plaintiffs filed an Amended Class Action Complaint for Declaratory and Injunctive Relief.

Exhibits to Plaintiffs' Motion for Preliminary Injunction

In support of their Motion for a Preliminary Injunction, Plaintiffs submitted the attached, substantial evidence showing their entitlement to the requested relief.

Complaint

On December 20, 2017, Plaintiffs filed a Class Action Complaint for Declaratory and Injunctive Relief against the Department of Education.

Appeal Documents

07/24/2018

Notice of Appeal

The government indicates that it is appealing the Preliminary Injunction entered against it.

07/26/2018

Mediation Questionnaire

The Department submitted answers to the Ninth Circuit relating to the Court’s mediation program.

07/30/2018

Motion for Extension of Time on Opening Brief

The Department asked for a two week extension to file its opening brief in this appeal.

09/05/2018

Department of Education’s Opening Brief

On September 5, 2018, the Department filed its opening brief in the Ninth Circuit Court of Appeals challenging the District Court’s preliminary injunction order.

09/05/2018

Department of Education’s Excerpt of Records

Alongside its brief, the Department filed “excerpts of the record” in its appeal of the District Court’s preliminary injunction order.

10/03/2018

Plaintiffs’ Responsive Brief

On October 3, 2018, Plaintiffs filed their responsive brief with the Ninth Circuit Court of Appeals. In it, they defend the District Court’s decision to enjoin the Department’s use of the Average Earnings Rule to partially deny Corinthian Students’ borrower defense assertions.

10/03/2018

Plaintiffs’ Supplemental Excerpts of Record

With their responsive brief, Plaintiffs filed supplemental excerpts of record with the Ninth Circuit Court of Appeals. Plaintiffs provided the appellate court with additional evidence that was presented to the District Court and that justified the entry of the preliminary injunction.

10/10/2018

Debt Collective Amicus

On October 10, 2018, the Debt Collective filed a brief with the Ninth Circuit Court of Appeals as amicus curiae in support of affirming the District Court’s preliminary injunction order.

10/10/2018

States' Amicus

On October 10, 2018, a coalition of 8 states (California, Illinois, Maryland, Massachusetts, New Jersey, North Carolina, New York, and Washington) filed a brief with the Ninth Circuit Court of Appeals as amicus curiae in support of affirming the District Court’s preliminary injunction order.

10/10/2018

Legal Aid Amicus

On October 10, 2018, the Public Law Center and Public Counsel filed a brief with the Ninth Circuit Court of Appeals as amicus curiae in support of affirming the District Court’s preliminary injunction order.

10/10/2018

Lawyers' Committee for Civil Rights Amicus

On October 10, 2018, the Lawyers’ Committee for Civil Rights filed a brief with the Ninth Circuit Court of Appeals as amicus curiae in support of affirming the District Court’s preliminary injunction order.

10/24/2018

Reply Brief

On October 24, 2018, the Department of Education filed a reply in the Ninth Circuit Court of Appeals. It argues in support of its appeal against the District Court’s entry of a preliminary injunction against it.

02/19/2019

Court Order Requesting Supplemental Briefing

Following oral argument, on February 19, 2019, the Ninth Circuit Court of Appeals ordered the parties to submit supplemental briefs addressing whether the Department of Education’s Average Earnings Rule was unlawful because it was arbitrary and capricious.

03/05/2019

Plaintiffs' Supplemental Brief

On March 5, 2019, in response to the Court’s order, Plaintiffs submitted a supplemental brief urging the Court to affirm the District Court’s injunction because the Department’s Average Earnings Rule is arbitrary and capricious.

03/05/2019

Department of Education's Supplemental Brief

On March 5, 2019, in response to the Court’s order, the Department of Education filed its supplemental brief addressing whether its conduct was arbitrary and capricious.