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Case TitleNew York Legal Assistance Group, Inc. v. United States Department of Education
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv03818
Date Filed2015-05-18
Date Closed2018-01-02
JudgeJudge Lorna G. Schofield
PlaintiffNew York Legal Assistance Group, Inc.
Case DescriptionThe New York Legal Assistance Group submitted a FOIA request to the Department of Education for records concerning borrower defenses to repayment of student loans. The agency provided some responsive material, but after the agency failed to respond substantively, NYLAG filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Education
Documents
Docket
Complaint
Opinion/Order [66]
FOIA Project Annotation: A federal court in New York has ruled that the Department of Education properly claimed Exemption 5 (privileges) to withhold a number of records concerning its interpretation of regulations concerning borrower defenses to the repayment of student loans under the Direct Loan and FFEL Programs, but that Exemption 7(E) (investigative methods and techniques) does not apply because the records were not created for law enforcement purposes. In response to a request from the New York Legal Assistance Group, the agency located 2,820 responsive pages. The agency withheld in full an Administrative Wage Garnishment manual, guidance concerning Total and Permanent Disability discharges, and drafts of manuals prepared for attorneys prosecuting student loan collection actions, and redacted portions of other documents. Although DOE withheld information under Exemption 4 (confidential business information), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records) as well, NYLAG only challenged the agency's claims made under Exemption 5 and Exemption 7(E). The court upheld the majority of agency's claims of attorney-client privilege, dismissing only those claims where the agency had not provided sufficient justification. The court noted that "absent any evidence that these emails were intended 'for the purpose of obtaining or providing legal assistance,' DOE has not met its burden of demonstrating that the attorney-client privilege applies." The court upheld many of the agency's attorney work product claims as well, but rejected its claim that entire portions of a manual were privileged. The court explained that "to the extent that any designated portion of the manual was created 'by or at the behest of counsel,' it is appropriately withheld under the work product doctrine. However, neither the Vaughn index nor the [agency's affidavit] make such a representation." The court approved of many of the agency's deliberative process privilege claims as well. NYLAG argued that some deliberations were not predecisional because they came before the agency had even decided to develop regulations. However, the court noted that "that some of these deliberations predated DOE's efforts to develop new regulations does not change the analysis. DOE is entitled to deliberative process protection for communications in aid of agency decision-making, regardless of whether that decision is the creation of a regulation or something smaller like the resolution of a given borrower dispute." NYLAG also argued that some of the documents withheld reflected the agency's working law. The court rejected that argument as to some claims, noting in one instance that "to provide more specificity in support of a declaration that the documents were not incorporated into a final agency policy, DOE would have to prove a negative " that none of the documents was incorporated into any agency policy. FOIA does not require such an undertaking." But as to documents labeled "internal guidance," the court agreed with NYLAG, pointing out that "each of these documents could refer to working law." The agency claimed Exemption 7(E) also protected several of its guidance manuals. The court found the manuals qualified as enforcement guidelines, but rejected the agency's claim after finding they were not created for law enforcement purposes as required under Exemption 7(E). The court pointed out that "the fact that DOE has a legal mandate to collect debt does not mean that the collection of debt serves a 'law enforcement purpose,' which means preventing, prosecuting or punishing violations of the law. Although DOE credibly argues that disclosure of its enforcement mechanisms could lead to borrowers' circumventing their contractual obligations, DOE cannot prove their disclosure 'could reasonably be expected to risk circumvention of the law,' because the borrowers would not be circumventing the law " they would be circumventing the terms of their contract. That circumvention would make it difficult for DOE to carry out its statutory mandate is irrelevant to the question at issue."
Issues: Exemption 5 - Privileges - Attorney-client privilege, Exemption 5 - Privileges - Attorney work-product privilege, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 7 - Threshold, Exemption 7(E) - Investigative methods or techniques
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-05-181COMPLAINT against United States Department of Education. (Filing Fee $ 350.00, Receipt Number 465401125649)Document filed by New York Legal Assistance Group, Inc..(moh) (mps). (Entered: 05/19/2015)
2015-05-18SUMMONS ISSUED as to United States Department of Education, U.S. Attorney and U.S. Attorney General. (moh) (Entered: 05/19/2015)
2015-05-18Magistrate Judge James C. Francis IV is so designated. (moh) (Entered: 05/19/2015)
2015-05-18Case Designated ECF. (moh) (Entered: 05/19/2015)
2015-05-182CIVIL COVER SHEET filed. (moh) (mps). (Entered: 05/19/2015)
2015-05-193AFFIDAVIT OF SERVICE. United States Department of Education served on 5/19/2015, answer due 7/20/2015. Service was accepted by Lisa Ahearn, Supervisory Legal Assistant, for Preet Bharara, U.S. Attorney for the Southern District of New York. Document filed by New York Legal Assistance Group, Inc.. (Glick, Jason) (Entered: 05/19/2015)
2015-05-194AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by MAIL, to U.S. Department of Education. Document filed by New York Legal Assistance Group, Inc.. (Glick, Jason) (Entered: 05/19/2015)
2015-05-195AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by MAIL, to U.S. Attorney General. Document filed by New York Legal Assistance Group, Inc.. (Glick, Jason) (Entered: 05/19/2015)
2015-05-196RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Legal Assistance Group, Inc..(Glick, Jason) (Entered: 05/19/2015)
2015-05-277ORDER: Initial Conference set for 7/16/2015 at 11:10 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/27/2015) (kgo) (Entered: 05/27/2015)
2015-06-098AFFIDAVIT of Jason Glick re: 7 Order for Initial Pretrial Conference . Document filed by New York Legal Assistance Group, Inc.. (Glick, Jason) (Entered: 06/09/2015)
2015-06-109NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of United States Department of Education. (Poscablo, Christine) (Entered: 06/10/2015)
2015-06-1810ANSWER to 1 Complaint. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 06/18/2015)
2015-07-0711ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for July 16, 2015 at 11:10 a.m., shall be rescheduled for July 16, 2015 at 9:45 a.m., due to a conflict in the Court's schedule. Initial Conference set for 7/16/2015 at 09:45 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/7/2015) (kgo) (Entered: 07/07/2015)
2015-07-0912JOINT LETTER addressed to Judge Lorna G. Schofield from Jason Glick dated July 9, 2015 re: July 16, 2015 Pretrial Conference. Document filed by New York Legal Assistance Group, Inc..(Glick, Jason) (Entered: 07/09/2015)
2015-07-1413NOTICE OF APPEARANCE by Ellen Melissa London on behalf of United States Department of Education. (London, Ellen) (Entered: 07/14/2015)
2015-07-16Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 7/16/2015. (jcs) (Entered: 08/12/2015)
2015-07-1714MEMO ENDORSEMENT on re: 9 JOINT LETTER . ENDORSEMENT: The above-underlined schedule is hereby ADOPTED with the following additions: -- The parties shall appear for a case management conference on October 1, 2015, at 10:40 a.m. Any party wishing to move for summary judgment must file a pre-motion letter as described in the Court's Individual Rules no later than 7 days before the conference. Page-limits and other logistics will be discussed at this conference. -- The parties shall file a joint letter updating the Court of the status of this action no later than the 16th day of every month until the filing of any motion for summary judgment, with the first letter due no later August 16, 2015. (Cross Motions due by 11/13/2015., Motions due by 10/14/2015., Responses due by 12/14/2015, Replies due by 1/4/2016.), ( Case Management Conference set for 10/1/2015 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/17/2015) (kgo) Modified on 8/10/2015 (kgo). (Entered: 07/17/2015)
2015-08-1315JOINT LETTER addressed to Judge Lorna G. Schofield from Jason Glick dated Aug. 13, 2015 re: status of this action. Document filed by New York Legal Assistance Group, Inc..(Glick, Jason) (Entered: 08/13/2015)
2015-09-1616JOINT LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated September 16, 2015 re: status of case and request for adjournment of due date for pre-motion conference letters and case management conference. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 09/16/2015)
2015-09-1717MEMO ENDORSEMENT on re: 16 Letter, filed by United States Department of Education. ENDORSEMENT: APPLICATION GRANTED in part and DENIED in part. Parties shall submit a joint status letter by October 22, 2015. The Case Management Conference and due date for any relevant pre-motion conference letters will be scheduled after the joint status letter is received. (Signed by Judge Lorna G. Schofield on 9/17/2015) (kgo) (Entered: 09/17/2015)
2015-10-2218JOINT LETTER addressed to Judge Lorna G. Schofield from Jason Glick dated Oct. 22, 2015 re: status of this action. Document filed by New York Legal Assistance Group, Inc..(Glick, Jason) (Entered: 10/22/2015)
2015-10-2319MEMO ENDORSEMENT on re: 18 Letter filed by New York Legal Assistance Group, Inc.. ENDORSEMENT: APPLICATION GRANTED. The parties time to submit a further joint status letter is extended to December 1, 2015. In that status letter, the parties shall outline their proposed next steps and include proposed dates for further status letters and/or a court conference. (Signed by Judge Lorna G. Schofield on 10/23/2015) (kgo) (Entered: 10/23/2015)
2015-12-0120JOINT LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated December 1, 2015 re: Status Update. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 12/01/2015)
2015-12-0221MEMO ENDORSEMENT on re: 20 Letter filed by United States Department of Education. ENDORSEMENT: APPLICATION GRANTED. A joint status letter is due on January 18, 2016. A Case Management Conference is scheduled for March 3, 2016. The parties are reminded that any pre-motion letters are due 10 business days before the Conference, in accordance with Individual Rule III. A. (Signed by Judge Lorna G. Schofield on 12/2/2015) (mro) (Entered: 12/03/2015)
2016-01-1922JOINT LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated January 19, 2016 re: Status Update. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 01/19/2016)
2016-01-2023MEMO ENDORSEMENT on re: 22 Letter filed by United States Department of Education. ENDORSEMENT: APPLICATION GRANTED. The parties are reminded that a Case Management Conference as described in the Court's prior Case Management Plan and Scheduling Order ("CMP") is scheduled for March 3, 2016, at 10:40 a.m. The parties shall submit a further status letter no later than January 20, 2016, and shall propose dates for amending the CMP. (Signed by Judge Lorna G. Schofield on 1/20/2016) (kgo) (Entered: 01/20/2016)
2016-01-20Set/Reset Hearings: Case Management Conference set for 3/3/2016 at 10:40 AM before Judge Lorna G. Schofield. (kgo) (Entered: 01/20/2016)
2016-01-2024MEMO ENDORSEMENT on re: 22 Letter filed by United States Department of Education. ENDORSEMENT: APPLICATION GRANTED. In their next status letter, due February 16, 2016, the parties shall propose dates for further status letters and/or a pre-motion conference for summary judgment. The Case Management Conference, scheduled for March 3, 2016, at 10:40 a.m., is CANCELLED. (Signed by Judge Lorna G. Schofield on 1/20/2016) (kgo) (Entered: 01/20/2016)
2016-02-1625JOINT LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated February 16, 2016 re: Status Update. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 02/16/2016)
2016-03-0126MEMO ENDORSEMENT on re: 25 Letter filed by United States Department of Education. ENDORSEMENT: APPLICATION GRANTED. In their next status letter, due March 22, 2016, the parties shall propose dates for further status letters and/or a pre-motion conference for summary judgment. (Signed by Judge Lorna G. Schofield on 3/1/2016) (kgo) (Entered: 03/01/2016)
2016-03-2227JOINT LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated March 22, 2016 re: Status Update. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 03/22/2016)
2016-03-2228MEMO ENDORSEMENT on re: 27 Letter filed by United States Department of Education. ENDORSEMENT: Application GRANTED. In their next status letter, due April 22, 2016, the parties shall propose dates for further status letters and/or a pre-motion conference for summary judgment. (Signed by Judge Lorna G. Schofield on 3/22/2016) (kgo) (Entered: 03/22/2016)
2016-04-2129JOINT LETTER addressed to Judge Lorna G. Schofield from Jason Glick dated Apr. 21, 2016 re: Status Update. Document filed by New York Legal Assistance Group, Inc..(Glick, Jason) (Entered: 04/21/2016)
2016-04-2230MEMO ENDORSEMENT on re: 29 Letter filed by New York Legal Assistance Group, Inc. ENDORSEMENT: Application GRANTED. In their next status letter, due June 1, 2016, the parties shall propose dates for further status letters and/or a pre-motion conference for summary judgment. (Signed by Judge Lorna G. Schofield on 4/22/2016) (mro) (Entered: 04/25/2016)
2016-06-0131JOINT LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated June 1, 2016 re: Status Update. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 06/01/2016)
2016-06-0132MEMO ENDORSEMENT on re: 31 Letter filed by United States Department of Education. ENDORSEMENT: Application GRANTED. In their next status letter, due July 18, 2016, the parties shall propose dates for further status letters and/or a pre-motion conference for summary judgment. (Signed by Judge Lorna G. Schofield on 6/1/2016) (kgo) (Entered: 06/01/2016)
2016-07-1833JOINT LETTER addressed to Judge Lorna G. Schofield from Jason Glick dated July 18, 2016 re: Status Update. Document filed by New York Legal Assistance Group, Inc..(Glick, Jason) (Entered: 07/18/2016)
2016-07-1834MEMO ENDORSEMENT on re: 33 Letter filed by New York Legal Assistance Group, Inc.. ENDORSEMENT: Application GRANTED. The parties shall attend a conference on September 6, 2016, at 10:30 a.m. Defendant shall file its premotion letter no later than ten business days prior to the conference, and Plaintiff shall file its premotion letter no later than seven days before the conference. (Pre-Motion Conference set for 9/6/2016 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/18/2016) (kgo) (Entered: 07/18/2016)
2016-08-1935LETTER MOTION for Extension of Time to Submit Pre-Motion Conference Letters addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated August 19, 2016. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 08/19/2016)
2016-08-2236ORDER granting 35 Letter Motion for Extension of Time: Application GRANTED. The deadline for Defendant to submit its pre-motion letter is adjourned from August 22, 2016, to August 25, 2016. The deadline for Plaintiff to respond to Defendant's pre-motion letter is adjourned from August 30, 2016, to August 31, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 08/22/2016)
2016-08-2537LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated August 25, 2016 re: Pre-motion Conference with Respect to Proposed Motion for Summary Judgment. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 08/25/2016)
2016-08-3138LETTER addressed to Judge Lorna G. Schofield from Jason Glick dated Aug. 31, 2016 re: Sept. 6, 2016 pre-motion conference. Document filed by New York Legal Assistance Group, Inc..(Glick, Jason) (Entered: 08/31/2016)
2016-09-0639ORDER: WHEREAS on September 6, 2016, a pre-motion conference was held; it is hereby ORDERED that Defendant shall submit its motion for summary judgment and accompanying documents by October 28, 2016; Plaintiff shall submit its cross-motion for summary judgment, opposition to Defendant's motion, and accompanying documents by November 28, 2016; Defendant shall submit its reply and opposition by December 23, 2016; Plaintiff shall submit its reply by January 13, 2017. It is further ORDERED that the parties will limit their total briefing to 35 pages each, to be allocated between the briefs as the parties choose; ORDERED that the parties will determine whether they intend to include briefing on the adequacy of Defendant's record search in addition to the propriety of Defendant's redactions in their summary judgment briefing, with the understanding that if they do not brief questions of adequacy in these motions, that they will not be permitted to submit further briefing on issues of adequacy. Motions due by 10/28/2016. Cross Motions due by 11/28/2016. Responses due by 12/23/2016 Replies due by 1/13/2017. (Signed by Judge Lorna G. Schofield on 9/6/2016) (kgo) (Entered: 09/06/2016)
2016-09-0640LETTER addressed to Judge Lorna G. Schofield from Jason Glick dated Sept. 6, 2016 re: Withdrawal of Attorney Appearance. Document filed by New York Legal Assistance Group, Inc..(Glick, Jason) (Entered: 09/06/2016)
2016-09-06Minute Entry for proceedings held before Judge Lorna G. Schofield: Pre-Motion Conference held on 9/6/2016. (Court Reporter Jennifer Thun) (jcs) (Entered: 09/07/2016)
2016-09-2341MEMO ENDORSEMENT on re: 40 Letter filed by New York Legal Assistance Group, Inc. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to withdraw Mr. Glick's appearance in this case. Attorney Jason Edward Glick terminated. (Signed by Judge Lorna G. Schofield on 9/23/2016) (cla) (Entered: 09/26/2016)
2016-09-2642NOTICE OF APPEARANCE by Thalia Julme on behalf of New York Legal Assistance Group, Inc.. (Julme, Thalia) (Entered: 09/26/2016)
2016-10-2843FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 50 Motion) - MOTION for Summary Judgment . Document filed by United States Department of Education. Responses due by 11/28/2016(Poscablo, Christine) Modified on 11/7/2016 (db). (Entered: 10/28/2016)
2016-10-2844FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 51 Memorandum) - MEMORANDUM OF LAW in Support re: 43 MOTION for Summary Judgment . . Document filed by United States Department of Education. (Poscablo, Christine) Modified on 11/7/2016 (db). (Entered: 10/28/2016)
2016-10-2845FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 52 Declaration) - DECLARATION of Ann Marie Pedersen in Support re: 43 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Poscablo, Christine) Modified on 11/7/2016 (db). (Entered: 10/28/2016)
2016-10-2846FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 54 Declaration) - DECLARATION of David Kline Chozick in Support re: 43 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) Modified on 11/7/2016 (db). (Entered: 10/28/2016)
2016-10-2847FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 53 Declaration) - DECLARATION of Kathleen Leatherbury in Support re: 43 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) Modified on 11/7/2016 (db). (Entered: 10/28/2016)
2016-10-2848FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 55 Declaration) - DECLARATION of Declaration of Jeff Mersmann in Support re: 43 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) Modified on 11/7/2016 (db). (Entered: 10/28/2016)
2016-10-2849FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 56 Declaration) - DECLARATION of Thomas J. Pestka in Support re: 43 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) Modified on 11/7/2016 (db). (Entered: 10/28/2016)
2016-11-0750MOTION for Summary Judgment . Document filed by United States Department of Education. Responses due by 11/28/2016(Poscablo, Christine) (Entered: 11/07/2016)
2016-11-0751MEMORANDUM OF LAW in Support re: 50 MOTION for Summary Judgment . . Document filed by United States Department of Education. (Poscablo, Christine) (Entered: 11/07/2016)
2016-11-0752DECLARATION of Ann Marie Pedersen in Support re: 50 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Poscablo, Christine) (Entered: 11/07/2016)
2016-11-0753DECLARATION of Kathleen Leatherbury in Support re: 50 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) (Entered: 11/07/2016)
2016-11-0754DECLARATION of David Kline Chozick in Support re: 50 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) (Entered: 11/07/2016)
2016-11-0755DECLARATION of Jeff Mersmann in Support re: 50 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) (Entered: 11/07/2016)
2016-11-0756DECLARATION of Thomas J. Pestka in Support re: 50 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) (Entered: 11/07/2016)
2016-11-1857FIRST LETTER addressed to Judge Lorna G. Schofield from Jane Greengold Stevens dated 11/18/16 re: adjournment of the briefing schedule for Plaintiffs Opposition to Defendants Motion for Summary Judgment and Cross Motion for Summary Judgment. Document filed by New York Legal Assistance Group, Inc..(Julme, Thalia) (Entered: 11/18/2016)
2016-11-2158MEMO ENDORSEMENT on re: 57 Letter re: adjournment of the briefing schedule for Plaintiffs Opposition to Defendants Motion for Summary Judgment and Cross Motion for Summary Judgment, filed by New York Legal Assistance Group, Inc. ENDORSEMENT: Application GRANTED. Plaintiffs' Cross-Motion and Opposition to Defendants' Motion for Summary Judgment shall be submitted by December 16, 2016. Defendants' Reply shall be submitted by January 17, 2017. Plaintiffs' Reply shall be submitted by January 31, 2017. (Cross Motions due by 12/16/2016., Responses due by 12/16/2016, Replies due by 1/31/2017.) (Signed by Judge Lorna G. Schofield on 11/21/2016) (cla) (Entered: 11/21/2016)
2016-12-1659MOTION for Summary Judgment . Document filed by New York Legal Assistance Group, Inc.. Responses due by 1/17/2017(Stevens, Jane) (Entered: 12/16/2016)
2016-12-1660MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment ., 50 MOTION for Summary Judgment . in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment . Document filed by New York Legal Assistance Group, Inc.. (Stevens, Jane) (Entered: 12/16/2016)
2017-01-1761REPLY MEMORANDUM OF LAW in Support re: 50 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross-Motion for Summary Judgment . Document filed by United States Department of Education. (Poscablo, Christine) (Entered: 01/17/2017)
2017-01-1762DECLARATION of Ann Marie Pedersen in Support re: 50 MOTION for Summary Judgment .. Document filed by United States Department of Education. (Poscablo, Christine) (Entered: 01/17/2017)
2017-01-1963LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated January 19, 2017 re: Request for Oral Argument. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 01/19/2017)
2017-01-3164NOTICE OF APPEARANCE by Danielle Feldman Tarantolo on behalf of New York Legal Assistance Group, Inc.. (Tarantolo, Danielle) (Entered: 01/31/2017)
2017-01-3165REPLY MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment ., 50 MOTION for Summary Judgment . . Document filed by New York Legal Assistance Group, Inc.. (Julme, Thalia) (Entered: 01/31/2017)
2017-07-1266OPINION AND ORDER re: 59 MOTION for Summary Judgment . filed by New York Legal Assistance Group, Inc., 50 MOTION for Summary Judgment . filed by United States Department of Education. For the foregoing reasons, DOE's motion for summary judgment is GRANTED in part and DENIED in part and NYLAG's motion is GRANTED in part and DENIED in part. The Clerk of Court is respectfully directed to close the motions at Docket Numbers 50 and 59. (Signed by Judge Lorna G. Schofield on 7/12/2017) (kgo) (Entered: 07/12/2017)
2017-07-1867LETTER MOTION to Stay re: 66 Memorandum & Opinion,, addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated July 18, 2017. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 07/18/2017)
2017-07-1868ORDER with respect to 67 Letter Motion to Stay. Plaintiff shall file a letter of no more than three pages in response to Defendant's request no later than July 21, 2017. (Signed by Judge Lorna G. Schofield on 7/18/2017) (anc) (Entered: 07/18/2017)
2017-07-18Set/Reset Deadlines: Responses due by 7/21/2017. (anc) (Entered: 07/18/2017)
2017-07-1969LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Jane Greengold Stevens dated 7/19/17 re: 67 LETTER MOTION to Stay re: 66 Memorandum & Opinion,, addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated July 18, 2017. . Document filed by New York Legal Assistance Group, Inc.. (Julme, Thalia) (Entered: 07/19/2017)
2017-07-2170MEMO ENDORSEMENT on 69 LETTER RESPONSE; granting 67 Letter Motion to Stay. ENDORSEMENT: WHEREAS, Plaintiffs do not oppose Defendant's motion to stay the July 12, 2017, Order, it is hereby ORDERED that the July 12, 2017, Order is stayed until September 11, 2017. The Clerk of Court is respectfully directed to close the motion at Docket No. 67. (Signed by Judge Lorna G. Schofield on 7/21/2017) (kgo) (Entered: 07/21/2017)
2017-08-3071LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated August 30, 2017 re: Request for Clarification of Decision and Order and Permission to File Status Update and Proposed Schedule for Resolving Outsanding Issues on September 11, 2017. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 08/30/2017)
2017-08-3172MEMO ENDORSEMENT on re: 71 Letter, filed by United States Department of Education. ENDORSEMENT: Application GRANTED. The Government's understanding that the Decision and Order is not a final order for purposes of appeal is correct. Instead of a proposed briefing schedule, the parties shall submit a joint status letter by September 11, 2017, proposing an agreed upon schedule for the completion of email review and the resolution of any remaining issues in the case. (Signed by Judge Lorna G. Schofield on 8/31/2017) (kgo) (Entered: 08/31/2017)
2017-09-0573LETTER addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated September 5, 2017 re: enclosing Revised Vaughn Index with Respect to Certain Exemption 5 Withholdings in the Remaining Documents. Document filed by United States Department of Education. (Attachments: # 1 Exhibit A)(Poscablo, Christine) (Entered: 09/05/2017)
2017-09-1174STATUS REPORT. and Request to Submit Proposed Resolution or Further Status Report on October 2, 2017 Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 09/11/2017)
2017-09-1275MEMO ENDORSEMENT on re: 74 STATUS REPORT and Request to Submit Proposed Resolution or Further Status Report on October 2, 2017 Document filed by United States Department of Education. ENDORSEMENT: Application GRANTED. By 10/2/17, the parties shall file a proposed settlement agreement or status letter advising how best to resolve the remaining issues in the case. A status conference will be held 10/12/17 at 10:40 AM. (Status Conference set for 10/12/2017 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/12/2017) (rjm) (Entered: 09/12/2017)
2017-10-0276STATUS REPORT. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 10/02/2017)
2017-10-0377MEMO ENDORSEMENT on re: 76 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. The parties shall file their joint order and stipulation by December 1, 2017. If the parties cannot agree on fees, then the parties shall file a proposed briefing schedule by December 1, 2017. A conference will be held on December 7, 2017, at 10:30 A.M. to discuss any open matters. The parties shall ask that the conference be canceled when and if all matters are resolved. ( Status Conference set for 12/7/2017 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/3/2017) (kgo) (Entered: 10/03/2017)
2017-11-2978LETTER MOTION for Extension of Time to Submit Proposed Stipulation and Order Resolving Case and Adjournment of December 7, 2017 Conference addressed to Judge Lorna G. Schofield from Christine S. Poscablo dated November 29, 2017. Document filed by United States Department of Education.(Poscablo, Christine) (Entered: 11/29/2017)
2017-11-3079ORDER granting in part and denying in part 78 Letter Motion for Extension of Time. Application GRANTED in part DENIED in part. The deadline to submit the proposed stipulation and order resolving the remaining claims is extended from December 1, 2017, to December 19, 2017. The conference currently scheduled for December 7, 2017, at 10:30 A.M. is adjourned to December 21, 2017, at 10:30 A.M. The conference will not be adjourned further. (Signed by Judge Lorna G. Schofield on 11/30/2017) (kgo) (Entered: 11/30/2017)
2017-11-30Set/Reset Hearings: Status Conference set for 12/21/2017 at 10:30 AM before Judge Lorna G. Schofield. (kgo) (Entered: 11/30/2017)
2017-12-1980LETTER MOTION to Adjourn Conference and Set Briefing Schedule addressed to Judge Lorna G. Schofield from Jane Greengold Stevens dated 12/19/2017. Document filed by New York Legal Assistance Group, Inc..(Tarantolo, Danielle) (Entered: 12/19/2017)
2017-12-2081ORDER: granting 80 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for December 21, 2017, at 10:30 A.M. is canceled. If Plaintiff wishes to file a motion for attorney's fees, Plaintiff shall file the motion by January 31, 2018; Defendant shall respond by February 28, 2018; and Plaintiff shall reply by March 14, 2018. Motion due by 1/31/2018. Response due by 2/28/2018. Reply due by 3/14/2018. (Signed by Judge Lorna G. Schofield on 12/20/2017) (ap) (Entered: 12/20/2017)
2017-12-20Set/Reset Deadlines: Motions due by 1/31/2018. Responses due by 2/28/2018. Replies due by 3/14/2018. (ap) (Entered: 12/20/2017)
2018-01-0282STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between NYLAG and the Government, and subject to endorsement by the Court, that: Within seven (7) days of the endorsement of this Stipulation and Order by the Court, the Department will release a revised version of the PCA Manual, disclosing the information the Department withheld from that document under Exemption 7 except for those portions of the document identified in a September 28, 2017 email from counsel for the Government to counsel for NYLAG ("September 28,2017 Email"). NYLAG hereby releases its claim to disclosure of the remaining information withheld from the PCA Manual. NYLAG hereby releases its claim to disclosure of information the Department withheld from the TPD Requirements under Exemption 7. NYLAG hereby releases its claim to disclosure of information the Department withheld under Exemption 5, as listed in the revised Vaughn index. NYLAG hereby releases its claim to have the Department process the Outstanding Emails under FOIA. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice, and as further set forth in this order. (Motions due by 1/31/2018. Responses due by 2/28/2018. Replies due by 3/14/2018.) (Signed by Judge Lorna G. Schofield on 1/2/2018) (ap) (Entered: 01/02/2018)
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