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Case TitleAmerican Civil Liberties Union Foundation, Inc. et al v. United States Department of Education
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2016cv10613
Date Filed2016-03-30
Date ClosedOpen
JudgeJudge Allison D. Burroughs
PlaintiffAmerican Civil Liberties Union Foundation, Inc.
PlaintiffAmerican Civil Liberties Union
PlaintiffNational Consumer Law Center
Case DescriptionThe ACLU and the National Consumer Law Center submitted a FOIA request to the Department of Education for records concerning the agency's student debt collection practices and the policies governing private collection agencies with which the Department of Education has contracts. The agency provided two interim responses, withholding records under Exemption 4 (confidential business information), Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques). After the agency failed to respond in full, the ACLU and the National Consumer Law Center filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Department of Education
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-301COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6044260 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Civil Category Form, # 3 Summons)(Rossman, Stuart) (Attachment 1 replaced on 3/30/2016) (Jones, Sherry). (Attachment 2 replaced on 3/30/2016) (Jones, Sherry). (Attachment 3 replaced on 3/30/2016) (Jones, Sherry). (Entered: 03/30/2016)
2016-03-302APPENDIX/EXHIBIT re 1 Complaint, Exhibit 1 FOIA Request by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Rossman, Stuart) (Entered: 03/30/2016)
2016-03-303APPENDIX/EXHIBIT Exhibit 2 FOIA Request Receipt by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Rossman, Stuart) (Entered: 03/30/2016)
2016-03-304APPENDIX/EXHIBIT Complaint Exhibit 3 First Interim Response by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Rossman, Stuart) (Entered: 03/30/2016)
2016-03-305APPENDIX/EXHIBIT re 1 Complaint, Complaint Exhibit 4 Second Interim Response by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Rossman, Stuart) (Entered: 03/30/2016)
2016-03-306NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here . These documents will be mailed to counsel not receiving notice electronically. (McDonagh, Christina) (Entered: 03/30/2016)
2016-03-307Summons Issued as to United States Department of Education. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 03/30/2016)
2016-03-308MOTION for Leave to Appear Pro Hac Vice for admission of Dennis Parker Filing fee: $ 100, receipt number 0101-6045554 by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Affidavit Parker Pro Hac Vice Affidavit)(Rossman, Stuart) (Entered: 03/30/2016)
2016-03-309MOTION for Leave to Appear Pro Hac Vice for admission of Rachel Goodman Filing fee: $ 100, receipt number 0101-6045574 by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Affidavit Goodman Pro Hac Vice Affidavit)(Rossman, Stuart) (Entered: 03/30/2016)
2016-03-3010MOTION for Leave to Appear Pro Hac Vice for admission of Sarah Hinger Filing fee: $ 100, receipt number 0101-6045713 by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Affidavit Hinger Pro Hac Vice Affidavit)(Rossman, Stuart) (Entered: 03/30/2016)
2016-03-3011AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union Foundation, Inc., National Consumer Law Center, American Civil Liberties Union. United States Department of Education served on 3/30/2016, answer due 4/20/2016. Acknowledgement filed by American Civil Liberties Union Foundation, Inc.; National Consumer Law Center; American Civil Liberties Union. (Rossman, Stuart) (Entered: 03/30/2016)
2016-04-0112Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added Dennis D Parker. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: 04/01/2016)
2016-04-0113Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Rachel Goodman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: 04/01/2016)
2016-04-0114Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Sarah Hinger. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: 04/01/2016)
2016-04-0715NOTICE of Appearance by Jessie J. Rossman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center (Rossman, Jessie) (Entered: 04/07/2016)
2016-04-0716(This entry was incorrectly filed as to this case and has since been removed). Modified on 4/8/2016 (York, Steve). (Entered: 04/07/2016)
2016-04-0717NOTICE of Appearance by Laura Rotolo on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center (Rotolo, Laura) (Entered: 04/07/2016)
2016-04-0718NOTICE of Appearance by Matthew Segal on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center (Segal, Matthew) (Entered: 04/07/2016)
2016-04-0719NOTICE of Appearance by Rahsaan D. Hall on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center (Hall, Rahsaan) (Entered: 04/07/2016)
2016-04-1420NOTICE of Appearance by Michael P. Sady on behalf of United States Department of Education (Sady, Michael) (Entered: 04/14/2016)
2016-06-0721Assented to MOTION for Extension of Time to 6/17/16 to File Answer by United States Department of Education.(Sady, Michael) (Entered: 06/07/2016)
2016-06-0722Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 21 Assented to Motion for Extension of Time to 6/17/16 to File Answer by United States Department of Education. Answer due 6/17/2016. (York, Steve) (Entered: 06/07/2016)
2016-06-1723ANSWER to 1 Complaint,, by United States Department of Education.(Sady, Michael) (Entered: 06/17/2016)
2016-06-2024ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (York, Steve) (Entered: 06/20/2016)
2016-06-2125NOTICE of Appearance by Persis S. Yu on behalf of National Consumer Law Center (Yu, Persis) (Entered: 06/21/2016)
2016-06-2926NOTICE by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center (Rossman, Stuart) (Entered: 06/29/2016)
2016-07-0727ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. (Abaid, Kimberly) (Entered: 07/07/2016)
2016-07-0728NOTICE of Scheduling Conference Scheduling Conference set for 8/4/2016 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 07/07/2016)
2016-08-0229Joint MOTION Relief from Pre-Trial Scheduling Order by United States Department of Education.(Sady, Michael) (Entered: 08/02/2016)
2016-08-0330Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 29 Joint Motion for Relief from Pretrial Scheduling Order. The parties shall submit a status report by 9/30/2016, that includes a summary judgment briefing schedule. (Montes, Mariliz) (Entered: 08/03/2016)
2016-08-0331Set Deadlines: Status Report due by 9/30/2016. (Montes, Mariliz) (Entered: 08/03/2016)
2016-08-0332ELECTRONIC NOTICE Canceling scheduling conference set for 8/4/16. (Folan, Karen) (Entered: 08/03/2016)
2016-08-0333ELECTRONIC NOTICE of Hearing. Status Conference set for 8/4/2016 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 08/03/2016)
2016-08-0434Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 8/4/2016. Colloquy re: document requests. (Attorneys present: Goodman, Hinger, Rossman) (Folan, Karen) (Entered: 08/12/2016)
2016-09-3035STATUS REPORT (Joint) by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Goodman, Rachel) (Entered: 09/30/2016)
2016-10-0436Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties' proposed summary judgment briefing schedule, as set forth in their status report 35 , is approved. Defendant's motion for summary judgment, with Vaughn index and affidavit, is due 01/13/2017. Plaintiffs' cross-motion for summary judgment and response to defendant's motion for summary judgment is due 02/10/2017. Defendant's response to plaintiffs' motion for summary judgment and reply in support of defendant's motion for summary judgment is due 03/10/2017. Plaintiffs' reply in support of their motion for summary judgment is due 03/24/2017. (Folan, Karen) (Entered: 10/04/2016)
2017-01-1337Assented to MOTION for Extension of Time to Extend Scheduling Order by United States Department of Education. (Attachments: # 1 Exhibit)(Sady, Michael) (Entered: 01/13/2017)
2017-01-1738Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 37 Motion for Extension of Time (Folan, Karen) (Entered: 01/17/2017)
2017-01-1839Set Deadlines: Motions for Summary Judgment due by 4/14/2017. (Montes, Mariliz) (Entered: 01/18/2017)
2017-04-1240MOTION for Extension of Time to 4/19/17 to File Motion for Summary Judgment by United States Department of Education.(Sady, Michael) (Entered: 04/12/2017)
2017-04-1341Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 40 Motion for Extension of Time to 4/19/17 to file motion (Folan, Karen) (Entered: 04/13/2017)
2017-04-1842Assented to MOTION for Leave to File Excess Pages by United States Department of Education.(Sady, Michael) (Entered: 04/18/2017)
2017-04-1943Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 42 Defendant's Assented-To Motion for Leave to File Brief in Excess of Twenty Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz) (Entered: 04/19/2017)
2017-04-1944MOTION for Summary Judgment by United States Department of Education.(Sady, Michael) (Entered: 04/19/2017)
2017-04-1945MEMORANDUM in Support re 44 MOTION for Summary Judgment filed by United States Department of Education. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sady, Michael) (Entered: 04/19/2017)
2017-04-2146Joint MOTION to Amend Scheduling Order by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Text of Proposed Order)(Goodman, Rachel) (Entered: 04/21/2017)
2017-04-2447Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 46 Joint Motion to Amend Scheduling Order. Plaintiff's Cross-Motion for Summary Judgment due by 5/16/2017; Defendant's Response to Plaintiff's Motion for Summary Judgment due by 6/19/2017; Plaintiff's Reply in Support of Plaintiff's Motion for Summary Judgment due by 7/3/2017. (Montes, Mariliz) (Entered: 04/24/2017)
2017-04-2448Reset Deadlines as to 44 MOTION for Summary Judgment . Responses due by 6/19/2017 Replies due by 7/3/2017. (Montes, Mariliz) (Entered: 04/24/2017)
2017-05-1549DECLARATION re 45 Memorandum in Support of Motion (Corrected) by United States Department of Education. (Sady, Michael) (Entered: 05/15/2017)
2017-05-1650Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center.(Goodman, Rachel) (Entered: 05/16/2017)
2017-05-1651MEMORANDUM in Support re 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Goodman, Rachel) (Entered: 05/16/2017)
2017-05-1652Statement of Material Facts L.R. 56.1 re 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment and Counterstatement to Defendant's 56.1 Statement filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Goodman, Rachel) (Entered: 05/16/2017)
2017-05-1653DECLARATION re 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment Declaration of Persis Yu by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Goodman, Rachel) (Entered: 05/16/2017)
2017-05-1654DECLARATION re 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment Declaration of Rachel E. Goodman by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Goodman, Rachel) (Entered: 05/16/2017)
2017-06-1555Joint MOTION for Extension of Time to June 21, 2017 to File Response/Reply as to 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment And Correspondingly an Extension of Time to July 5, 2017 for Plaintiffs' Sur-Reply by United States Department of Education.(Sady, Michael) (Entered: 06/15/2017)
2017-06-1656Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 55 Motion for Extension of Time to File Response/Reply re 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment Responses due by 6/21/2017 (Folan, Karen) (Entered: 06/16/2017)
2017-06-2157REPLY to Response to 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by United States Department of Education. (Attachments: # 1 Exhibit A)(Sady, Michael) (Entered: 06/21/2017)
2017-06-2158STATEMENT of facts Rule 56.1 Statement of Undisputed Facts . (Sady, Michael) (Entered: 06/21/2017)
2017-07-0559REPLY to Response to 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Goodman, Rachel) (Entered: 07/05/2017)
2017-07-0560DECLARATION re 59 Reply to Response to Motion, Supplemental Declaration of Persis Yu by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Goodman, Rachel) (Entered: 07/05/2017)
2017-07-2661Joint Notice of Supplemental Authorities re 50 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment , 44 MOTION for Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Inc., National Consumer Law Center. (Attachments: # 1 Exhibit A)(Goodman, Rachel) (Entered: 07/26/2017)
2017-08-1162Letter/request (non-motion) from Rachel E. Goodman Re: New York Legal Assistance Group, Inc. v. United States Department of Education, No. 1:15-civ-03818 (LGS) (S.D.N.Y.) . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Goodman, Rachel) (Entered: 08/11/2017)
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by FOIA Project Staff