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Case TitlePROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictWestern District of Pennsylvania
CityPittsburgh
Case Number2:2017cv00210
Date Filed2017-02-14
Date ClosedOpen
JudgeJudge Nora Barry Fischer
PlaintiffPROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL
Case DescriptionThe Project on Predatory Student Lending submitted a FOIA request to the Department of Justice for records concerning the agency's litigation against Education Management Corporation for its predatory lending practices. The Justice Department denied the request, citing a protective order, personal privacy, confidential business information, and the Family Educational Right and Privacy Act. The Project filed an administrative appeal, but after hearing nothing further from the agency, the Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [80]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-02-141COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE (Filing fee, including Administrative fee, $400, receipt number 0315-4240800), filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Summons US Department of Justice, # 7 Summons US Attorney General, # 8 Summons US Attorney) (jsp) (Entered: 02/15/2017)
2017-02-15Summons Issued as to UNITED STATES DEPARTMENT OF JUSTICE. (jsp) (Entered: 02/15/2017)
2017-02-152NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) (Entered: 02/15/2017)
2017-02-173AFFIDAVIT of Service for Summons and Complaint mailed to United States Department of Justice on February 16, 2017, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) Modified on 2/21/2017. (jsp) (Entered: 02/17/2017)
2017-02-174AFFIDAVIT of Service for Summons and Complaint mailed to Jeff Sessions, Attorney General of the United States on February 16, 2017, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) Modified on 2/21/2017. (jsp) (Entered: 02/17/2017)
2017-02-175AFFIDAVIT of Service for Summons and Complaint mailed to Civil Process Clerk, United States Attorney's Office for the Western District of Pennsylvania on February 16, 2017, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) Modified on 2/21/2017. (jsp) (Entered: 02/17/2017)
2017-02-246ORDER indicating that, for reasons stated more fully within, by 3/1/17, the Project, the United States, the EDMC Defendants, and any of the Plaintiff-States that believe they have an interest at this juncture, shall meet and confer and file a Joint Status Report setting forth their positions on the proposed appointment of Judge Levie, including any agreements on the cost sharing of Special Master fees and the scope of the appointment. If no objections are lodged, the Court will enter an Order referring the matter to Judge Levie, who has advised that he is available and willing to undertake this appointment; that the Court will conduct a telephone status conference with counsel for the interested parties on 3/8/17 at 9:30 a.m. Counsel for the United States, Assistant United States Attorney Christy Wiegand, shall convene the telephone conference and contact this Court's Chambers with all participants on the line at 9:25 a.m. Signed by Judge Nora Barry Fischer on 2/24/17. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (jg) (Entered: 02/24/2017)
2017-02-277SUMMONS/Return of Service Returned Executed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. UNITED STATES DEPARTMENT OF JUSTICE served on 2/21/2017, answer due 3/23/2017. (Attachments: # 1 Exhibit A) (Savage, Amanda) Modified on 2/28/2017. (jsp) (Entered: 02/27/2017)
2017-03-018JOINT STATUS REPORT Regarding Special Master Appointment by UNITED STATES DEPARTMENT OF JUSTICE. (Wiegand, Christy) Modified on 3/3/2017. (jsp) (Entered: 03/01/2017)
2017-03-019NOTICE of Appearance by Christy C. Wiegand on behalf of UNITED STATES DEPARTMENT OF JUSTICE. (Wiegand, Christy) (Entered: 03/01/2017)
2017-03-0210MOTION for attorney Eileen M. Connor to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4256144) by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Declaration, # 2 Proposed Order) (Connor, Eileen) (Entered: 03/02/2017)
2017-03-0211MOTION for attorney Amanda Savage to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4256174) by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Declaration, # 2 Proposed Order) (Savage, Amanda) (Entered: 03/02/2017)
2017-03-0212ORDER granting 10 Motion for Eileen M. Connor, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 3/2/17. (jg) (Entered: 03/02/2017)
2017-03-0313ORDER granting 11 Motion for Amanda Savage, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 3/3/17. (jg) (Entered: 03/03/2017)
2017-03-0614ORDER indicating that, for reasons more fully stated within, Plaintiff shall file an Amended Complaint by 3/16/17. Signed by Judge Nora Barry Fischer on 3/6/17. (jg) (Entered: 03/06/2017)
2017-03-0815Minute Entry for proceedings held before Judge Nora Barry Fischer: TelephonicStatus Conference (with CA 07-461) held on 3/8/17 (details of proceeding more fully stated in memo). (Court Reporter: B. Leo) (jg) (Entered: 03/08/2017)
2017-03-0916NOTICE of Appearance by Peter J. Phipps on behalf of UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 03/09/2017)
2017-03-1617First AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE UNITED STATES DEPARTMENT OF JUSTICE answer due 3/30/2017, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Savage, Amanda) (Entered: 03/16/2017)
2017-03-3018ANSWER to 17 Amended Complaint, by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 03/30/2017)
2017-03-3119MEMORANDUM ORDER indicating that the parties' Rule 26 Meeting Report and Stipulation Selecting ADR Process are due by 4/28/17; A Case Management Conference is set for 5/5/17 at 10:30 AM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 3/31/17. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (jg) (Entered: 03/31/2017)
2017-04-1220MOTION for attorney Toby Merrill to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4299615) by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Declaration, # 2 Proposed Order) (Merrill, Toby) (Entered: 04/12/2017)
2017-04-1221ORDER granting 20 Motion for Toby Merrill, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 4/12/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 04/12/2017)
2017-04-1222NOTICE of Appearance by Toby R. Merrill on behalf of PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Merrill, Toby) (Entered: 04/12/2017)
2017-04-2823REPORT of Rule 26(f) Planning Meeting. (Phipps, Peter) (Entered: 04/28/2017)
2017-04-2824STIPULATION selecting ADR process by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 04/28/2017)
2017-05-0525Minute Entry for proceedings held before Judge Nora Barry Fischer: Case Management Conference held on 5/5/17 (details of proceeding more fully stated in memo). (Court Reporter: S. Wenger) (jg) (Entered: 05/05/2017)
2017-05-0526ORDER REFERRING CASE to Mediation. The Honorable Richard Levie is appointed as mediator; ): The ADR conference(s) shall be concluded on or before 7/31/17, unless extended by order of the Court; Christy Wiegand, Esquire is designated as lead counsel and shall be responsible for working with the parties and the neutral to coordinate an agreeable date, time and location for the initial ADR conference; It is the responsibility of lead counsel to insure that the date, time and location of the ADR session as well as the principals from each party, and insurance representatives, with full settlement authority, who will be in attendance at the ADR session, has been electronically filed with the Court by 5/17/17. The Court shall be promptly noticed of any rescheduled date for the scheduled conference. Signed by Judge Nora Barry Fischer on 5/5/17. (jg) (Entered: 05/05/2017)
2017-05-1627Notice of Mediation by UNITED STATES DEPARTMENT OF JUSTICE. Mediation Date July 20, 2017 at 9:00 am (Wiegand, Christy) (Entered: 05/16/2017)
2017-07-2828REPORT of Mediation: Mediation session was held on 7/20/2017. Case has not been resolved. The parties request that a follow-up conference with the Court should be scheduled within 60 days. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (jg) (Entered: 07/28/2017)
2017-08-0329ORDER indicating that a Post ADR Telephonic Status Conference is set for 8/22/17 at 3:00 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 8/3/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 08/03/2017)
2017-08-0730Unopposed MOTION to Continue August 22, 2017 Status Conference by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Savage, Amanda) (Entered: 08/07/2017)
2017-08-0731ORDER granting, in part, and denying, in part, Unopposed MOTION to Continue August 22, 2017 Status Conference filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL, in light of counsel's unavailability, the telephone status conference scheduled for 8/22/17 at 3:00 p.m. is CANCELLED; and, as the Court is unavailable on the dates proposed by the parties to reconvene this matter, the parties shall meet and confer and file a Joint Proposed Case Management Order by 8/21/2017. Signed by Judge Nora Barry Fischer on 8/7/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) (Entered: 08/07/2017)
2017-08-2132Proposed Joint Case Management Order by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) Modified on 8/22/2017. (jsp) (Entered: 08/21/2017)
2017-08-2233ORDER indicating that: 1. Defendant's motion for summary judgment and supporting materials due 10/20/17 at 12:00 p.m.; 2. Plaintiff's response to the motion for summary judgment and supporting materials and/or any motion challenging the sufficiency of Defendant's affidavits filed in support of its motion for summary judgment due 11/20/17 at 12:00 p.m.; 3. Defendant's reply and supporting materials due 12/14/17 at 12:00 p.m.; 4. Plaintiff's sur-reply and supporting materials due 12/21/17 at 12:00 p.m.; Remaining details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 8/22/17. (jg) (Entered: 08/22/2017)
2017-09-1934MOTION for attorney Jennifer Bennett to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4467845) by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Declaration, # 2 Proposed Order) (Bennett, Jennifer) (Entered: 09/19/2017)
2017-09-1935NOTICE of Appearance by Jennifer Bennett on behalf of PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Bennett, Jennifer) (Entered: 09/19/2017)
2017-09-2036ORDER granting 34 Motion for Jennifer Bennett, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 9/20/17. (jg) (Entered: 09/20/2017)
2017-10-1737Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Phipps, Peter) (Entered: 10/17/2017)
2017-10-1838ORDER granting 37 Consent Motion for Extension of Time to File Motion for Summary Judgment and that: Defendant's Summary Judgment Motion shall be due at noon on 11/3/17; Plaintiff's response and/or motion challenging sufficiency of defendant's sworn statements is due at noon on 12/4/17; Defendant's reply brief is due at noon on 1/4/18; and Plaintiff' sur-reply brief is due at noon on 1/18/18. Signed by Judge Nora Barry Fischer on 10/18/17. (jg) (Entered: 10/18/2017)
2017-10-2639Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachment: # 1 Proposed Order) (Wiegand, Christy) Modified as filer did not complete entry on 10/27/2017. (jsp) (Entered: 10/26/2017)
2017-10-2740ORDER granting 39 Consent Motion for Extension of Time filed by UNITED STATES DEPARTMENT OF JUSTICE and that: Defendant's Summary Judgment Motion due by 11/17/17; Response to Summary Judgment and/or Motion challenging sufficiency of Defendant's sworn statements due by 12/18/17; Defendant's Reply brief due by 1/18/18; Plaintiff's Sur-Reply due by 2/1/18. Signed by Judge Nora Barry Fischer on 10/27/17. (jg) (Entered: 10/27/2017)
2017-11-1741MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Phipps, Peter) (Entered: 11/17/2017)
2017-11-1742BRIEF in Support re 41 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 11/17/2017)
2017-11-1743CONCISE STATEMENT OF MATERIAL FACTS re 41 Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 11/17/2017)
2017-11-1744Appendix to 41 Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Declaration of Michael Comber, # 2 Exhibit Declaration of John Kornmeier, # 3 Exhibit Vaughn Index) (Phipps, Peter) Modified on 11/20/2017. (jsp) (Entered: 11/17/2017)
2017-12-1345Unopposed MOTION for Extension of Time to File Response to Defendant's Motion for Summary Judgment and/or Motion Challenging Sufficiency of Defendant's Declarations by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Savage, Amanda) (Entered: 12/13/2017)
2017-12-1346ORDER granting 45 Plaintiff's Unopposed Motion for Extension of Time to File Response to 41 Defendant's Motion for Summary Judgment and/or Motion Challenging Sufficiency of Defendant's Declaration; Plaintiff's Response to said Motion is now due by 12/22/17. Signed by Judge Nora Barry Fischer on 12/13/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 12/13/2017)
2017-12-2247Cross MOTION for Summary Judgment by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Savage, Amanda) (Entered: 12/22/2017)
2017-12-2248BRIEF in Support re 47 Motion for Summary Judgment filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) (Entered: 12/22/2017)
2017-12-2249CONCISE STATEMENT OF MATERIAL FACTS re 48 Brief in Support of Motion by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) (Entered: 12/22/2017)
2017-12-2250RESPONSE to 43 Concise Statement of Material Facts, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) (Entered: 12/22/2017)
2017-12-2251Appendix to 47 Cross Motion for Summary Judgment by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Appendix pp. 1-50, # 2 Appendix pp. 51-100, # 3 Appendix pp. 101-150, # 4 Appendix p. 151-201) (Savage, Amanda) Modified on 12/26/2017. (plh) (Entered: 12/22/2017)
2017-12-2252MOTION for Discovery in the Alternative Pursuant to R. 56(d) of the Federal Rules of Civil Procedure by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Savage, Amanda) (Entered: 12/22/2017)
2017-12-2253BRIEF in Support re 52 Motion for Discovery, in the Alternative Pursuant to R. 56(d) of the Federal Rules of Civil Procedure filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Declaration of Amanda Savage) (Savage, Amanda) (Entered: 12/22/2017)
2017-12-2254MOTION to Strike 44 Appendix, Statements from the Declarations of John Kornmeier and Michael A. Comber by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Savage, Amanda) (Entered: 12/22/2017)
2017-12-2255BRIEF in Support re 54 Motion to Strike, Statements in the Declarations of John Kornmeier and Michael A. Comber filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) (Entered: 12/22/2017)
2017-12-2756ORDER Response/Briefing Schedule re: 54 Plaintiff's Motion to Strike, Defendant's Response to said Motion shall be filed by 1/18/2018. Signed by Judge Nora Barry Fischer on 12/27/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) (Entered: 12/27/2017)
2018-01-1057MOTION for Extension of Time to File Response/Reply as to 47 Cross MOTION for Summary Judgment , 50 Response, 51 Appendix, 53 Brief in Support of Motion, 54 MOTION to Strike 44 Appendix, Statements from the Declarations of John Kornmeier and Michael A. Comber , 55 Brief in Support of Motion, 52 MOTION for Discovery in the Alternative Pursuant to R. 56(d) of the Federal Rules of Civil Procedure , 48 Brief in Support of Motion, 49 Concise Statement of Material Facts, by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Phipps, Peter) (Entered: 01/10/2018)
2018-01-1058ORDER granting Defendant United States Department of Justice's Motion for Extension of time to File Response/Reply 57 and the parties shall adhere to the following briefing schedule: 1. Defendant's reply and supporting materials as to its own motion for summary judgment presently due on 1/18/18 shall be filed by 2/22/18 at 12:00 p.m.; 2. Plaintiff's sur-reply and supporting materials as to Defendant's motion for summary judgment presently due on 2/1/18 shall be filed by 3/22/18 at 12:00 p.m.; 3. Defendant's responses to the motions filed by Plaintiff on 12/22/17 (Docket Nos. 47 , 52 , 54 ), presently due on 1/18/18 shall be filed by 2/22/18 at 12:00 p.m.; 4. Plaintiff's replies, if any, as to those motions filed on 12/22/18 shall be filed by 3/22/18 at 12:00 p.m.; 5. Defendants sur-replies, if any, as to those motions filed by Plaintiff on 12/22/17, shall be filed by 4/5/18 at 12:00 p.m.; Other details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 1/10/18. (jg) (Entered: 01/10/2018)
2018-02-2059Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF JUSTICE. (Attachment: # 1 Proposed Order) (Phipps, Peter) Modified on 2/22/2018. (jsp) (Entered: 02/20/2018)
2018-02-2060Consent MOTION for Leave to File Excess Pages for responses to plaintiff's motions to strike and for discovery by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Phipps, Peter) Modified on 2/22/2018. (jsp) (Entered: 02/20/2018)
2018-02-2061ORDER granting Defendant United States Department of Justice's Consent Motion for Extension of Time to File Response/Reply 59 and that the parties shall adhere to the following briefing schedule: 1. Defendant's reply and supporting materials as to its own motion for summary judgment presently due on 2/22/18 shall be filed by 3/1/18 at 12:00 pm.; 2. Plaintiff's sur-reply and supporting materials as to Defendant's motion for summary judgment presently due on 3/22/18 shall be filed by 3/29/18 at 12:00 pm.; 3. Defendant's response to Plaintiff's cross motion for summary judgment presently due on 2/22/18 shall befiled by 3/1/18 at 12:00 pm.; 4. Plaintiff's reply, if any, in support of their cross motion for summary judgment presently due on 3/22/18 shall be filed by 3/29/18 at 12:00 pm.; 5. Defendant's sur-reply in opposition to Plaintiff's cross motion for summary judgment presently due on 4/5/18 shall be filed by4/12/18 at 12:00 pm.; 6. Plaintiff's replies, if any, in support of their motion for discovery 52 and their motion to strike 54 shall be filed by 3/22/18; 7. Defendant's sur-replies, if any, in opposition to Plaintiff's motion for discovery 52 and plaintiff's motion to strike 54 shall be filed by 4/5/18 at 12:00 p.m. Signed by Judge Nora Barry Fischer on 2/20/18. (jg) Modified on 2/22/2018. (jsp) (Entered: 02/20/2018)
2018-02-2162ORDER granting 60 Consent Motion for Leave to File Excess Pages; that Defendant's Response to Plaintiff's Motion for Discovery 52 and Motion to Strike 54 shall be limited to 15 pages and 10 pages, respectively; that Plaintiff may file a reply brief in support of its motion for discovery of up to 15 pages and a reply brief in support of its motion to strike of up to 10 pages. Signed by Judge Nora Barry Fischer on 2/21/18. (jg) (Entered: 02/21/2018)
2018-02-2263BRIEF in Opposition re 52 Motion for Discovery, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 02/22/2018)
2018-02-2264BRIEF in Opposition re 54 Motion to Strike, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 02/22/2018)
2018-03-0165REPLY BRIEF re 47 Motion for Summary Judgment, 42 Brief in Support of Motion, 41 Motion for Summary Judgment, 48 Brief in Support of Motion filed by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 03/01/2018)
2018-03-0166RESPONSE to 49 Concise Statement of Material Facts, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 03/01/2018)
2018-03-01w/ 65 BRIEF in Opposition re 47 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (jsp) (Document previously filed electronically) (Entered: 03/02/2018)
2018-03-02CLERK'S OFFICE QUALITY CONTROL MESSAGE re 65 Reply Brief. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Opposition to Plaintiff's Summary Judgment Motion. This message is for informational purposes only. (jsp) (Entered: 03/02/2018)
2018-03-1467Unopposed MOTION for Leave to File Combined Reply and Sur-reply by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Savage, Amanda) (Entered: 03/14/2018)
2018-03-1468ORDER granting Plaintiff's Unopposed Motion for Leave to File Combined Reply and Sur-reply; Plaintiff may file, by 3/29/18 at 12:00 p.m., a combined brief of up to 30 pages in reply as to Plaintiff's cross-motion for summary judgment and in sur-reply as to Defendant' motion for summary judgment. Signed by Judge Nora Barry Fischer on 3/14/18. (jg) (Entered: 03/14/2018)
2018-03-2069Unopposed MOTION for Extension of Time to File Response/Reply as to 53 Brief in Support of Motion, 64 Brief in Opposition to Motion, 54 MOTION to Strike 44 Appendix, Statements from the Declarations of John Kornmeier and Michael A. Comber , 63 Brief in Opposition to Motion, 55 Brief in Support of Motion, 52 MOTION for Discovery in the Alternative Pursuant to R. 56(d) of the Federal Rules of Civil Procedure by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Savage, Amanda) (Entered: 03/20/2018)
2018-03-2070ORDER granting 69 Plaintiff's Unopposed Motion for Extension of Time; Plaintiff's replies in support of its motion in the alternative for discovery and motion to strike are due at 12 p.m. on 3/29/18; Defendant's sur-replies in opposition to Plaintiff's motion in the alternative for discovery andmotion to strike are due at 12 p.m. on 4/12/18. Signed by Judge Nora Barry Fischer on 3/20/18. (jg) (Entered: 03/20/2018)
2018-03-2971REPLY & Sur-reply to 47 Motion for Summary Judgment, 42 Brief in Support of Motion, 41 Motion for Summary Judgment, 48 Brief in Support of Motion, 65 Reply Brief, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) (Entered: 03/29/2018)
2018-03-2972REPLY BRIEF ("Reply") in support re 52 Motion in the Alternative for Discovery, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachment: # 1 Exhibit A) (Savage, Amanda) Modified on 4/2/2018. (jsp) (Entered: 03/29/2018)
2018-03-2973REPLY BRIEF ("Reply") in support re 54 Motion to Strike, 55 Brief in Support of Motion filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Savage, Amanda) Modified on 4/2/2018. (jsp) (Entered: 03/29/2018)
2018-04-1274Sur-Reply Brief ("Surreply") in Opposition to Plaintiff's Motion for Discovery under Rule 56(d) re 53 Brief in Support of Motion, 72 Reply Brief, 63 Brief in Opposition to Motion, 52 Motion for Discovery,, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit) (Phipps, Peter) Modified on 4/16/2018. (jsp) (Entered: 04/12/2018)
2018-04-1275Sur-Reply Brief ("Surreply") in Opposition to Plaintiff's Motion to Strike re 73 Reply Brief, 64 Brief in Opposition to Motion, 54 Motion to Strike, 55 Brief in Support of Motion, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) Modified on 4/16/2018. (jsp) (Entered: 04/12/2018)
2018-04-1276Sur-Reply Brief in Opposition to Plaintiff's Summary Judgment Motion re 47 Motion for Summary Judgment, 71 Reply, 48 Brief in Support of Motion, 65 Reply Brief, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Phipps, Peter) (Entered: 04/12/2018)
2018-05-0877MOTION to Withdraw as Attorney for Plaintiff Project on Predatory Student Lending of the Legal Services Center of Harvard Law School by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Savage, Amanda) (Entered: 05/08/2018)
2018-05-0878ORDER granting 77 Motion to Withdraw as Attorney. Attorney Amanda Savage terminated. Signed by Judge Nora Barry Fischer on 5/8/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) (Entered: 05/08/2018)
2018-06-0679NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Motion hearing held on May 5, 2017 before Judge Nora Barry Fischer. Sandra Wenger Goffe, Official Court Reporter, Telephone number 412-261-6254. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 6/13/2018. Redaction Request due 6/27/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/4/2018. (sw) Modified on 6/19/2018. (cel) (Entered: 06/06/2018)
2018-07-0980MEMORANDUM OPINION granting, in part, and denying, in part, 47 Cross MOTION for Summary Judgment filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL, granting, in part and denying, in part 41 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, granting, in part and denying, in part, 54 MOTION to Strike 44 Appendix, Statements from the Declarations of John Kornmeier and Michael A. Comber filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL, and denying, as moot, 52 MOTION for Discovery in the Alternative Pursuant to R. 56(d) of the Federal Rules of Civil Procedure filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL (details more fully stated in said Memorandum Opinion). Signed by Judge Nora Barry Fischer on 7/9/2018. (bdk) (Entered: 07/09/2018)
2018-07-0981ORDER indicating that, in accordance with the 80 Memorandum Opinion, 41 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, is granted, in part, and denied, in part; 47 Cross MOTION for Summary Judgment filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL, is granted, in part and denied, in part; 54 MOTION to Strike 44 Appendix, Statements from the Declarations of John Kornmeier and Michael A. Comber filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL is granted, in part and denied, in part; and 52 MOTION for Discovery in the Alternative Pursuant to R. 56(d) of the Federal Rules of Civil Procedure filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL is denied, as moot; the parties shall file a Joint Status Report within 45 days (i.e., due by 8/23/2018), (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 7/9/2018. (Entered: 07/09/2018)
2018-07-0982JUDGMENT indicating that, the Court having issued a Memorandum Opinion 80 and Order 81 granting, in part, and denying, in part, the parties' cross-motions for summary judgment, partial summary judgment is entered in favor of Plaintiff and against Defendant and partial summary judgment is entered in favor of Defendant and against Plaintiff, as more fully specified in the Memorandum Opinion and Order filed contemporaneously herewith. Signed by Judge Nora Barry Fischer on 7/9/2018. (bdk) (Entered: 07/09/2018)
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