Maldonado

facts, governing legal standards, and arguments made by the parties. 1. Arm-of-the-State Sovereign Immunity. MOHELA is not entitled to sovereign immunity as an arm of the state of Missouri under the Ninth Circuit’s Kohn test. See Kohn v. State Bar of California, 87 F.4th 1021 (9th Cir. 2023). The Court essentially agrees with the analysis in Walker v. MOHELA, including its explanation of why Biden v. Nebraska, 600 U.S. 477 (2023), does not control this question. No. 1:21-CV-00879, 2024 WL 3568576, at *5 (E.D. Cal. July 26, 2024), appeal dismissed sub nom. Walker v. Higher Education Loan Authority, No. 24-5259, 2025 WL 578980 (9th Cir. Feb. 4, 2025). The Tenth Circuit’s analysis in Good v. Department of Education is similarly persuasive on MOHELA’s characterization under state law, autonomy, and independence of its finances, although Tenth Circuit’s arm-of-the-state test varies slightly from the Ninth Circuit’s Kohn test. 121 F.4th 772, 798–817 (10th Cir. 2024). One additional point bears emphasis. In assessing the state’s intent, Kohn asks whether the entity “performs functions typically performed by state governments.” Kohn, 87 F.4th at 1033 (quoting Puerto Rico Ports Authority…