DeVos

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 AMERICAN FEDERATION OF Case No. 20-cv-00455-EJD TEACHERS, et al., ORDER GRANTING IN PART AND Plaintiffs, DENYING IN PART DEFENDANT’S MOTION FOR VOLUNTARY v. REMAND WITHOUT VACATUR 11 MIGUEL CARDONA, et al., Re: Dkt. No. 48 Defendants.

13 This action involves challenges under the Administrative Procedure Act (“APA”) to a final rule issued in 2019 (the “2019 Rescission Rule”) by the U.S. Department of Education and its Secretary, Miguel Cardona (the “Department”). The Department moves for voluntary remand without vacatur. ECF No. 48 (“Mot.”). Plaintiffs Isai Baltezar and Julie Cho1 (“Plaintiffs”; collectively with the Department, “Parties”) do not oppose the remand itself but oppose remand without vacatur and, in the alternative, request expedited summary judgment briefing. ECF No. 50 (“Opp.”). As alternative…