Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Education Department conducted an adequate search for internal communications from or between the agency and listed entities or individuals involved in the for-profit education sector and that CREW is not entitled to metadata included in the emails because it failed to ask the agency to provide such information. CREW asked for the records after news articles suggested undue influence on Education's regulations for the for-profit sector. Initially, the agency only searched the email accounts of agency employees named by CREW on an account-by-account basis. But beginning in February 2011, authorized agency personnel were able to conduct agency-wide email searches. Although the agency indicated on several occasions that its search was complete, it continued to find more records. CREW argued the agency's search was insufficient between it failed to recover emails and failed to expand its search. Collyer found the agency's search was clearly sufficient. She noted that one agency employee "had authorized access to the database that contains all emails received and sent since April 20, 2009, by all DoEd employees. . .and he searched that database using terms to which CREW had no substantive objection. Moreover, the electronic correspondence of all DoEd personnel, including the four persons specifically identified by CREW, was subject to two separate searches." CREW complained that the scope of the search of "paper, hard-copy files" was unclear. But Collyer noted that "the term speaks for itself. Moreover, DoEd has explained further: 'None of [the DoEd offices in question] maintain centralized repositories of records that would have been responsive to the FOIA Request. Rather, individuals in these offices maintain their own paper files, i.e., personal hard-copy paper files. . .Each of the paper, hard-copy files maintained by these individuals, whether in their offices or elsewhere, were searched manually for any correspondence [related to the FOIA request]. DoEd has more than met its burden of showing that its search was adequate under FOIA." CREW complained about differences in searches conducted by two different employees. Collyer observed that "there is nothing sinister in this inconsistency because [the two employees] each described two separate searches of two separate systems." CREW argued that the paper copies it received did not include metadata. Collyer responded by noting that "notwithstanding that it requested that DoEd search for records 'regardless of format, medium, or physical characteristics, and including electronic records and information,' CREW did not request DoEd produce its records in electronic format, much less electronic format with metadata." She pointed out that "CREW invites the Court to find that a government agency must produce electronic records and/or metadata to comply with FOIA. The Court declines because it does not see here in CREW's argument any basis to impose an electronic copy obligation on a federal agency. The copying charge which FOIA imposes indicates that Congress anticipated that agencies would produce hard paper copies of all records requested, particularly when not otherwise requested and readily reproducible. CREW's argument that it is entitled to metadata and blind copy addresses of all emails, when that information cannot be readily produced by DoEd, fails as a matter of law."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2010-10-07	1	COMPLAINT against US DEPARTMENT OF EDUCATION ( Filing fee $ 350, receipt number 4616033266) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 10/07/2010)
2010-10-07		SUMMONS (3) Issued as to US DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 10/07/2010)
2010-10-07	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON identifying Corporate Parent NONE for CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (rdj) (Entered: 10/07/2010)
2010-11-05	3	ANSWER to 1 Complaint by US DEPARTMENT OF EDUCATION.(Fields, Rhonda) (Entered: 11/05/2010)
2010-11-05		MINUTE ORDER. The parties are ORDERED to file a joint proposed briefing schedule by no later than November 29, 2010. Signed by Judge Rosemary M. Collyer on 11/5/2010. (lcrmc2) (Entered: 11/05/2010)
2010-11-05		Set/Reset Deadlines/Hearings: Joint proposed briefing schedule due by 11/29/2010. (cdw) (Entered: 11/08/2010)
2010-11-23	4	MEET AND CONFER STATEMENT. (Weismann, Anne) (Entered: 11/23/2010)
2010-12-14		MINUTE ORDER. The parties shall file a joint status report, with a proposed briefing schedule, by no later than January 12, 2011. Signed by Judge Rosemary M. Collyer on 12/14/2010. (lcrmc2) (Entered: 12/14/2010)
2010-12-14		Set/Reset Deadlines/Hearings: Joint Status Report due by 1/12/2011. (cdw) (Entered: 12/15/2010)
2011-01-12	5	STATUS REPORT (Joint) by US DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 01/12/2011)
2011-01-12		MINUTE ORDER. Pursuant to the joint status report 5 , it is ORDERED that Defendant shall file a dispositive motion by February 15, 2011. Plaintiff shall file an opposition by March 15, 2011. Defendant may file a reply by March 30, 2011. Signed by Judge Rosemary M. Collyer on 1/12/2011. (lcrmc2) (Entered: 01/12/2011)
2011-01-12		Set/Reset Deadlines/Hearings: Defendant's Dispositive Motion due by 2/15/2011. Response to Dispositive Motion due by 3/15/2011. Reply to Dispositive Motion due by 3/30/2011. (cdw) (Entered: 01/14/2011)
2011-02-15	6	Consent MOTION for Extension of Time to file summary judgment motion by US DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 02/15/2011)
2011-02-16		MINUTE ORDER granting 6 Defendant's motion for an extension of time nunc pro tunc to February 15, 2011. Defendant shall file a dispositive motion by February 16, 2011. Otherwise, the briefing schedule remains the same. Signed by Judge Rosemary M. Collyer on 2/16/2011. (lcrmc2) (Entered: 02/16/2011)
2011-02-16	7	WITHDRAWN PURSUANT TO NOTICE FILED 4/8/11..... MOTION for Summary Judgment by US DEPARTMENT OF EDUCATION (Attachments: # 1 Cook Dec, # 2 Landis Dec, # 3 Meyer Dec, # 4 Smith Dec, # 5 Z. Smith Dec., # 6 Arsenault Dec, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Text of Proposed Order)(Fields, Rhonda) Modified on 4/11/2011 (zcp, ). (Entered: 02/16/2011)
2011-02-17	8	ERRATA by US DEPARTMENT OF EDUCATION 7 MOTION for Summary Judgment filed by US DEPARTMENT OF EDUCATION. (Attachments: # 1 Exhibit Arsenault Exhibit Kvaal1, # 2 Exhibit Arsenault Exhibit Kvaal2, # 3 Exhibit Arsenault Exhibit Kvaal3, # 4 Exhibit Arsenault Exhibit Kvaal4)(Fields, Rhonda) (Entered: 02/17/2011)
2011-03-14	9	Unopposed MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 03/14/2011)
2011-03-14		MINUTE ORDER granting 9 Plaintiff's consent motion for an extension of time. The briefing schedule is modified as follows: Plaintiff shall file an opposition to Defendant's motion for summary judgment 7 by March 17, 2011. Defendant may file a reply by April 1, 2011. Signed by Judge Rosemary M. Collyer on 3/14/2011. (lcrmc2) (Entered: 03/14/2011)
2011-03-14		Set/Reset Deadlines/Hearings: Response to 7 Motion for Summary Judgment due by 3/17/2011. Reply to Motion for Summary Judgment due by 4/1/2011. (cdw) (Entered: 03/16/2011)
2011-03-17	10	Memorandum in opposition to re 7 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A - M, # 2 Statement of Facts Response to Defendant's Statement of Material Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 03/17/2011)
2011-03-25	11	Consent MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment by US DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 03/25/2011)
2011-03-25		MINUTE ORDER granting in part and denying in part 11 Defendant's consent motion for an extension of time. The proposed schedule would limit the Court's time for consideration of the motion. Therefore, an extension of time for Defendant to file a reply is granted to no later than April 15, 2011. Signed by Judge Rosemary M. Collyer on 3/25/2011. (lcrmc2) (Entered: 03/25/2011)
2011-03-25		Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 4/15/2011. (cdw) (Entered: 03/28/2011)
2011-04-08	12	Joint MOTION to Stay CASE by US DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 04/08/2011)
2011-04-08	13	NOTICE OF WITHDRAWAL OF MOTION by US DEPARTMENT OF EDUCATION re 7 MOTION for Summary Judgment (Fields, Rhonda) (Entered: 04/08/2011)
2011-04-11		MINUTE ORDER granting 12 Defendant's consent motion to stay the case. This matter is hereby STAYED until May 16, 2011, to allow for production of newly-discovered documents and conferring between parties as to any remainig disputes. A status report shall be filed by May 16, 2011. Signed by Judge Rosemary M. Collyer on 4/11/2011. (lcrmc2) (Entered: 04/11/2011)
2011-04-11		Case Stayed. Set/Reset Deadlines/Hearings: Status Report due by 5/16/2011. (cdw) (Entered: 04/11/2011)
2011-04-28	14	MOTION Scheduling Order and to Shorten Defendant's TIme to Respond to Motion by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Weismann, Anne) (Entered: 04/28/2011)
2011-05-13	15	STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, US DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 05/13/2011)
2011-05-13		MINUTE ORDER. The stay on this matter is hereby VACATED. As proposed by the parties 15 , Defendant shall file a dispositive motion by May 31, 2011. Plaintiff shall file an opposition and any cross-motion by June 15, 2011. Defendant may file a reply and shall file an opposition to any cross-motion by June 27, 2011. Plaintiff may file a reply in support of any cross-motion by no later than July 8, 2011. It is further ORDERED that Plaintiff's motion for a scheduling order 14 is DENIED as moot. Signed by Judge Rosemary M. Collyer on 5/13/2011. (lcrmc2) (Entered: 05/13/2011)
2011-05-13		Set/Reset Deadlines/Hearings: Defendant's Dispositive Motion due by 5/31/2011. Response to Dispositive Motion due by 6/15/2011. Reply to Dispositive Motion due by 6/27/2011. Plaintiff's Cross Motion due by 6/15/2011. Response to Cross Motion due by 6/27/2011. Reply to Cross Motion due by 7/8/2011. (cdw) (Entered: 05/16/2011)
2011-05-31	16	Unopposed MOTION for Extension of Time to file summary judgment motion by US DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 05/31/2011)
2011-05-31		MINUTE ORDER granting 16 Defendant's consent motion for an extension of time. Accordingly, the briefing schedule is modified as follows: Defendant shall file its motion for summary judgment by June 1, 2011. Plaintiff shall file an opposition and any cross-motion by June 16, 2011. Defendant may file a reply and shall file an opposition to any cross-motion by June 28, 2011. Plaintiff may file a reply in support of any cross-motion by no later than July 11, 2011. All other deadlines Signed by Judge Rosemary M. Collyer on 5/31/2011. (lcrmc2) (Entered: 05/31/2011)
2011-05-31		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 6/1/2011. Response to Motion for Summary Judgment due by 6/16/2011. Reply to Motion for Summary Judgment due by 6/28/2011. Plaintiff's Cross Motion due by 6/16/2011. Response to Cross Motion due by 6/28/2011. Reply to Cross Motion due by 7/11/2011. (cdw) (Entered: 06/03/2011)
2011-06-01	17	MOTION for Summary Judgment by US DEPARTMENT OF EDUCATION (Attachments: # 1 Cook Dec II, # 2 Exhibits A-I, # 3 Exhibit J, Vaughn Index, # 4 Exhibit K, # 5 Bashford Dec., # 6 CooK Dec (2-15-11)., # 7 Meyer Dec, # 8 Smith Dec, # 9 Landis Dec, # 10 Z. Smith Dec, # 11 Arsenault Dec, # 12 Text of Proposed Order)(Fields, Rhonda) (Entered: 06/01/2011)
2011-06-15	18	Memorandum in opposition to re 17 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Statement of Facts)(Weismann, Anne) (Entered: 06/15/2011)
2011-06-16	19	MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts)(Weismann, Anne) (Entered: 06/16/2011)
2011-06-28	20	REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by US DEPARTMENT OF EDUCATION. (Attachments: # 1 Attachment A, # 2 Bashford Dec II, # 3 Cook Dec III, # 4 K Smith Dec, # 5 K. Smith Dec. - Exhibit L)(Fields, Rhonda) (Entered: 06/28/2011)
2011-06-28	21	Memorandum in opposition to re 19 MOTION for Partial Summary Judgment filed by US DEPARTMENT OF EDUCATION. (Attachments: # 1 response to plaintiff's statement of material facts, # 2 Text of Proposed Order)(Fields, Rhonda) (Entered: 06/28/2011)
2011-07-11	22	REPLY to opposition to motion re 19 MOTION for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 07/11/2011)
2012-11-26	23	OPINION. Signed by Judge Rosemary M. Collyer on 11/26/2012.(lcrmc2) (Entered: 11/26/2012)
2012-11-26	24	ORDER granting 17 Defendant Department of Education's Motion for Summary Judgment; denying 19 Plaintiff CREW's Motion for Partial Summary Judgment. This case is closed. Signed by Judge Rosemary M. Collyer on 11/26/2012.(lcrmc2) (Entered: 11/26/2012)
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