Documents

Calvillo Manriquez v. DeVos

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.

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.