12/20/2017
Complaint
Named Plaintiffs Martin Calvillo Manriquez, Jamal Cornelius, and Rthwan Dobashi borrowed federal student loans in order to attend career training programs at schools operated by Corinthian Colleges, Inc. They were misled and mistreated by Corinthian, which held itself out as offering quality vocational training programs that consistently placed graduates in desired jobs.
03/16/2018
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.
03/17/2018
Amended Complaint
Named Plaintiffs Martin Calvillo Manriquez, Jamal Cornelius, Rthwan Dobashi, and Jennifer Craig borrowed federal student loans in order to attend career training programs at schools operated by Corinthian Colleges, Inc. They were misled and mistreated by Corinthian, which held itself out as offering quality vocational training programs that consistently placed graduates in desired jobs.
03/17/2018
Motion for Preliminary Injunction
Plaintiffs request that this Court issue a preliminary injunction pursuant to Fed. R. Civ. P. 65, ordering the Department of Education ("Department"): to cease all efforts to collect outstanding federal student loan debt from Plaintiffs, to ensure the removal of negative credit reporting on Plaintiffs' outstanding federal student loan debt
04/03/2018
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...
04/12/2018
Department of Education's Opposition to Preliminary Injunction
The Department of Education opposes borrowers' motion for a preliminary injunction.
04/12/2018
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.
04/16/2018
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...
04/16/2018
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...
04/16/2018
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...
04/19/2018
Motion for Class Certification
Plaintiffs request that this Court issue an order pursuant to Fed. R. Civ. P. 23 certifying a class of "all individuals who borrowed a Direct Loan to finance the cost of a program who are covered by the Department's Corinthian Job Placement Rule...
04/19/2018
Reply in Support of Preliminary Injunction
In fifty pages, the Department of Education ("ED") only says three things in opposition to Plaintiffs' Motion for a Preliminary Injunction: (1) contrary to the plain language of the borrower defense regulation and ED's long standing interpretation of it...
05/25/2018
Order Granting in Part and Denying in Part Plaintiff's Motion for Preliminary Injunction
Plaintiffs move the Court for a preliminary injunction returning to the status quo ante by requiring the Department of Education to process certain non-discharged federal student loan debt in accordance with the "Corinthian Job Placement Rate Rule."
05/31/2018
Department of Education's Support Brief
The Department of Education filed a brief in response to the Court's May 25, 2018 order.
05/31/2018
Plaintiffs' Supplemental Memorandum
There is only one plausible status quo ante: before engaging in its unlawful data experiment, the Department of Education ("Department") uniformly and expressly granted full relief under the Corinthian Rule.
06/15/2018
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...
06/15/2018
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.
06/19/2018
Amended Order Regarding Plaintiffs' Motion for Preliminary Injunction
The Court modifies the previous Order granting in part and denying in part Plaintiffs' motion for preliminary injunction.
06/22/2018
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."
06/22/2018
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.
06/29/2018
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.
07/13/2018
Plaintiff's Response to Defendants' Motion for Clarification
On July 13, 2018, Plaintiffs filed their response to the Department’s Motion for Clarification.
07/20/2018
Department of Education's Reply in Support of Defendants' Motion for Clarification of Amended Order
On July 20th the Department filed a reply to the Plaintiffs' response to the motion for clarification.
07/26/2018
Defendants’ 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.
07/27/2018
Plaintiffs’ Opposition to Defendants’ Motion
Plaintiffs contend that the parties should continue litigating the case during the pendency of the Ninth Circuit appeal.
07/30/2018
Court Order on Continuance
The Court has continued all hearing dates until it decides Defendants’ motion to stay the district court proceedings pending appeal.
08/16/2018
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.
09/17/2018
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.
09/24/2018
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.
10/15/2018
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.
07/15/2019
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.
07/29/2019
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.
08/05/2019
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.
09/18/2019
Department’s 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.
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.