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Case TitleBAGWELL v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00334
Date Filed2015-03-04
Date Closed2016-04-26
JudgeJudge Colleen Kollar-Kotelly
PlaintiffRYAN BAGWELL
Case DescriptionRyan Bagwell, the operator of the Penn State Sunshine Fund, submitted a FOIA request to the Department of Education concerning Penn State's compliance with the Clery Act and communications between the agency and the Freeh Group, which conducted the investigation of Jerry Sandusky. The agency indicated the request was voluminous and Bagwell asked for a fee waiver. The agency provided an interim response containing four pages, and a second interim response containing seven pages. After hearing nothing further from the agency, Bagwell filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF EDUCATION
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-041COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400, receipt number 4616068788) filed by RYAN BAGWELL. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 03/09/2015)
2015-03-04SUMMONS (3) Issued as to U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 03/09/2015)
2015-03-092ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on March 9, 2015. (NS) (Entered: 03/09/2015)
2015-03-163MOTION for CM/ECF Password by RYAN BAGWELL (td, ) (Entered: 03/18/2015)
2015-03-204ORDER denying 3 Motion for CM/ECF Password. Signed by Judge Colleen Kollar-Kotelly on 3/20/2015. (lcckk2 ) (Entered: 03/20/2015)
2015-03-24SUMMONS (3) REISSUED as to U.S. DEPARTMENT OF EDUCATION, and non-parties U.S. Attorney and U.S. Attorney General (td, ) (Entered: 03/24/2015)
2015-04-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 5/9/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 4/8/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/9/15. (td, ) (Entered: 04/14/2015)
2015-04-145NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. DEPARTMENT OF EDUCATION (Braswell, Marina) (Entered: 04/14/2015)
2015-04-146ERRATA by U.S. DEPARTMENT OF EDUCATION 5 Notice of Appearance filed by U.S. DEPARTMENT OF EDUCATION. (Braswell, Marina) (Entered: 04/14/2015)
2015-04-278ANSWER to 1 Complaint by U.S. DEPARTMENT OF EDUCATION.(Braswell, Marina) (Entered: 04/27/2015)
2015-04-289ORDER requiring the parties to meet and confer and file a Joint Status Report setting out a schedule for proceeding in this case by MAY 28, 2015. Signed by Judge Colleen Kollar-Kotelly on 4/28/2015. (lcckk2) (Entered: 04/28/2015)
2015-04-28Set/Reset Deadlines: Joint Status Report due by 5/28/2015. (dot ) (Entered: 05/04/2015)
2015-05-2810STATUS REPORT , Joint by U.S. DEPARTMENT OF EDUCATION. (Braswell, Marina) (Entered: 05/28/2015)
2015-05-29MINUTE ORDER (paperless). The Court has received the parties' 10 Joint Status Report proposing a schedule for further proceedings in this FOIA action. As the parties request, they shall comply with the following schedule: by no later than JUNE 11, 2015, Defendant will provide to Plaintiff a list of the categories of documents that have been withheld; by no later than JUNE 18, 2015, Plaintiff will inform Defendant which categories of information Plaintiff wants Defendant to address in a Vaughn index or declaration; and no later than JUNE 25, 2015, the parties will file a Joint Status Report proposing a schedule for further proceedings in this action. The Clerk of the Court shall mail a copy of this Minute Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 5/29/2015. (lcckk2) (Entered: 05/29/2015)
2015-05-29Set/Reset Deadlines: Joint Status Report due by 6/25/2015. (dot) (Entered: 06/01/2015)
2015-06-1111Unopposed MOTION for Extension of Time to Provide Plaintiff the List by U.S. DEPARTMENT OF EDUCATION (Braswell, Marina) (Entered: 06/11/2015)
2015-06-1212ORDER granting 11 Motion for Extension of Time and setting deadlines with respect to further proceedings. Signed by Judge Colleen Kollar-Kotelly on 6/12/2015. (lcckk2) (Entered: 06/12/2015)
2015-06-2613STATUS REPORT , Joint by U.S. DEPARTMENT OF EDUCATION. (Braswell, Marina) (Entered: 06/26/2015)
2015-06-29MINUTE ORDER (paperless). Pursuant to the parties' 13 Joint Status Report in this FOIA action, the Court sets the following schedule for further proceedings that was requested by the parties. By no later than JULY 24, 2015, Defendant shall provide to Plaintiff a Vaughn index or declaration addressing the 5 categories identified by Plaintiff, as well the search for responsive records performed; by no later than AUGUST 7, 2015, Plaintiff shall inform Defendant of the exemption claims asserted in Defendant's Vaughn index or declaration that Plaintiff seeks to litigate further; by no later than SEPTEMBER 10, 2015, Defendant shall file its motion for summary for summary judgment; by no later than OCTOBER 9, 2015, Plaintiff shall file his opposition and cross-motion for summary judgment; by no later than NOVEMBER 9, 2015, Defendant shall file its opposition/reply brief; and by no later than NOVEMBER 20, 2015, Plaintiff shall file his reply brief. The Clerk of the Court shall mail a copy of this Minute Order to Plaintiff's address of record.Signed by Judge Colleen Kollar-Kotelly on 6/29/2015. (lcckk2) (Entered: 06/29/2015)
2015-06-29Set/Reset Deadlines: Plaintiff's Cross Motions due by 10/9/2015. Response to Cross Motions due by 11/9/2015. Reply to Cross Motions due by 11/20/2015. Defendant's Summary Judgment motions due by 9/10/2015. Response to Motion for Summary Judgment due by 10/9/2015. Reply to Motion for Summary Judgment due by 11/9/2015. (dot) (Entered: 06/30/2015)
2015-07-2414MOTION for Extension of Time to Complete Production of Vaughn Declarations by U.S. DEPARTMENT OF EDUCATION (Braswell, Marina) (Entered: 07/24/2015)
2015-07-2815NOTICE to the Court by U.S. DEPARTMENT OF EDUCATION re 14 MOTION for Extension of Time to Complete Production of Vaughn Declarations (Braswell, Marina) (Entered: 07/28/2015)
2015-07-3016NOTICE of Change of Address by RYAN BAGWELL (jf) (Entered: 07/31/2015)
2015-08-04MINUTE ORDER (paperless). Defendant's 14 Motion for Enlargement of Time with respect to the production of the agreed-upon Vaughn declarations to Plaintiff is GRANTED, nunc pro tunc . In the motion, Defendant reported that the emails that it had sent to Plaintiff had been rejected by Plaintiff's email service and that there was a delay with one of the declarations requested. In a 15 Notice to the Court, Defendant subsequently reported that Plaintiff consented to the relief requested in the Motion. Defendant also reported that the technical difficulties regarding the email transmission of the declarations had been resolved. Accordingly, for good cause, the Court GRANTS the Motion, nunc pro tunc , and extends the deadline for the submission of the Vaughn declarations to July 31, 2015, as requested. The Clerk of the Court shall mail a copy of this Minute Order to Plaintiff's address of record, updated as of July 30, 2015. Signed by Judge Colleen Kollar-Kotelly on 8/3/2015. (lcckk2) (Entered: 08/04/2015)
2015-08-1017MOTION for CM/ECF Password by RYAN BAGWELL (td) (Entered: 08/12/2015)
2015-08-14MINUTE ORDER (paperless). Previously, the Court denied without prejudice Plaintiff's 3 Motion for a CM/ECF User Name and Password. Plaintiff has refiled a 17 Motion for CM/ECF User Name and Password, noting that he was granted permission to receive access to CM/ECF in another case in this district, Bagwell v. U.S. Department of Justice , 15-cv-531. The Court notes that the docket in that case suggests that Plaintiff has successfully used the CM/ECF system. Accordingly, the Court GRANTS Plaintiff's 17 Motion. The Court will allow him temporary access to a CM/ECF username and password for use in this case until further order of the Court. In order to continue using CM/ECF in this case, Plaintiff must continue to demonstrate facility with CM/ECF and to comply with all the rules of this Court. The Clerk of the Court shall mail a copy of this Minute Order to Plaintiff's address of record. Signed by Judge Colleen Kollar-Kotelly on 8/14/2015. (lcckk2, ) Modified on 8/18/2015 to correct typo in case number referenced.(ztnr) (Entered: 08/14/2015)
2015-09-0218Unopposed MOTION to Amend/Correct Order,,,, by U.S. DEPARTMENT OF EDUCATION (Braswell, Marina) (Entered: 09/02/2015)
2015-09-08MINUTE ORDER (paperless). Defendant's 18 Unopposed Motion to Amend Briefing Schedule is GRANTED. The parties shall file their briefing pursuant to the following schedule jointly proposed by the parties: Defendant shall file its motion for summary judgment no later than SEPTEMBER 24, 2015; Plaintiff shall file his opposition brief and cross-motion for summary judgment no later than NOVEMBER 6, 2015; Defendant shall file its opposition/reply brief by no later than DECEMBER 6, 2015; and Plaintiff shall file his reply brief by no later than JANUARY 6, 2016. Signed by Judge Colleen Kollar-Kotelly on 9/8/2015. (lcckk2) (Entered: 09/08/2015)
2015-09-08Set/Reset Deadlines: Plaintiff's Cross Motions due by 11/6/2015. Response to Cross Motions due by 12/6/2015. Reply to Cross Motions due by 1/6/2016. Defendant's Summary Judgment motions due by 9/24/2015. Response to Motion for Summary Judgment due by 11/6/2015. Reply to Motion for Summary Judgment due by 12/6/2015. (dot) (Entered: 09/28/2015)
2015-09-2519MOTION for Summary Judgment by U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Pederson Declaration, # 2 Pederson Declaration Exhibit A, # 3 Shepherd Declaration, # 4 Exhibit 1)(Braswell, Marina) (Entered: 09/25/2015)
2015-09-3020ORDER advising plaintiff to respond or Court may deem matter as conceded. Response due by 11/6/2015. Signed by Judge Colleen Kollar-Kotelly on 9/30/2015. (lcckk2) (Entered: 09/30/2015)
2015-11-0621Cross MOTION for Summary Judgment and Response in Opposition to Defendant's Motion for Summary Judgment by RYAN BAGWELL (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(BAGWELL, RYAN) (Entered: 11/06/2015)
2015-11-0622Memorandum in opposition to re 19 MOTION for Summary Judgment filed by RYAN BAGWELL. (See Docket Entry 21 to view document). (znmw) (Entered: 11/09/2015)
2015-11-3023Unopposed MOTION to Amend/Correct Briefing Schedule by U.S. DEPARTMENT OF EDUCATION (Braswell, Marina) (Entered: 11/30/2015)
2015-12-01MINUTE ORDER (paperless). Defendant's 23 Unopposed Motion to Amend Briefing Schedule is GRANTED for good cause as stated in Defendant's Motion. Defendant shall filed its opposition to Plaintiff's Motion for Summary Judgment and reply brief no later than DECEMBER 18, 2015; Plaintiff shall file his Reply brief no later than JANUARY 20, 2015. The Court notes that, while Defendant has filed three prior motions for extensions of time over the duration of this case, this is the first motion with respect to the specific filings at issue. Signed by Judge Colleen Kollar-Kotelly on 12/1/2015. (lcckk2) (Entered: 12/01/2015)
2015-12-1824Memorandum in opposition to re 21 Cross MOTION for Summary Judgment and Response in Opposition to Defendant's Motion for Summary Judgment filed by U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Pedersen Declaration, # 2 Shepherd Declaration)(Braswell, Marina) (Entered: 12/18/2015)
2015-12-1825REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Pedersen Declaration, # 2 Shepherd Declaration)(Braswell, Marina) (Entered: 12/18/2015)
2016-01-2026REPLY re 24 Memorandum in Opposition, to Plaintiff's Motion for Summary Judgment filed by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 01/20/2016)
2016-03-0127NOTICE of Change of Address by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 03/01/2016)
2016-04-2628ORDER GRANTING Defendant U.S. Department of Education's 19 Motion for Summary Judgment and DENYING Plaintiff Ryan Bagwell's 21 Cross-Motion for Summary Judgment. This case is dismissed in its entirety. Signed by Judge Colleen Kollar-Kotelly on 4/26/2016. (lcckk2) (Entered: 04/26/2016)
2016-04-2629MEMORANDUM OPINION re: 28 Order resolving cross-motions for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 4/26/2016. (lcckk2) (Entered: 04/26/2016)
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by FOIA Project Staff