Sweet

Sweet v. Cardona

Good Law
United States District Court, Northern District of CaliforniaOctober 19, 20204:19-cv-03674California6,025 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

THERESA SWEET, et al., Plaintiffs, No. C 19-03674 WHA

v.

ORDER DENYING CLASS

ELISABETH DEVOS, et al., SETTLEMENT, TO RESUME

DISCOVERY, AND TO SHOW

Defendants. CAUSE

15 INTRODUCTION Following preliminary approval of a proposed class settlement meant to restart Department of Education review of student-loan borrower-defense applications under the Higher Education and Administrative Procedure Acts, the Secretary’s new perfunctory denial notices undermine the proposed settlement, contradict her original justification for delay, raise substantial questions under the APA, and may impose irreparable harm upon the class of student-loan borrowers. Final approval of the proposed class settlement is DENIED. DISCOVERY shall resume immediately. Both parties shall SHOW CAUSE why the Secretary should not be enjoined from further perfunctory denials. This case resumes on the merits. …

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