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Case TitleVOIGT v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00790
Date Filed2017-04-28
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffKATE A. VOIGT
Case DescriptionKate Voigt submitted a FOIA request to the Department of Education for records concerning organizations that had either qualified or not qualified to participate in the Public Interest Loan Forgiveness program and other related records. The agency acknowledged receipt of her request and told Voigt that it was being referred to a number of offices for response. The office for Federal Student Aid told Voigt that it had located 200 pages of responsive documents, but was withholding 198 pages under Exemption 5 (privileges). Voigt filed an administrative appeal of the withholding, but after hearing nothing further from the agency, Voigt filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF EDUCATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-281COMPLAINT for Declaratory and Injunctive Relief against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-4931882) filed by KATE A. VOIGT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to United States Department of Education, # 3 Summons to United States Attorney General, # 4 Summons to United States Attorney for DC)(Kirkpatrick, Michael) (Entered: 04/28/2017)
2017-05-01Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 05/01/2017)
2017-05-012SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 05/01/2017)
2017-05-023RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/2/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/1/2017. (Kirkpatrick, Michael) (Entered: 05/02/2017)
2017-06-014NOTICE of Appearance by Marsha Wellknown Yee on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Yee, Marsha) (Entered: 06/01/2017)
2017-06-015ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Yee, Marsha) (Entered: 06/01/2017)
2017-06-026STANDING FOIA ORDER. Signed by Judge Emmet G. Sullivan on 06/2/2017. (lcegs3) (Entered: 06/02/2017)
2017-06-05Set/Reset Deadlines: Joint Scheduling Order due by 6/23/2017. (mac) (Entered: 06/05/2017)
2017-06-217PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/21/2017)
2017-06-22MINUTE ORDER. In view of 7 Joint Proposed Schedule, it is ORDERED that the parties shall comply with the following briefing schedule: defendant shall complete its processing and provide the remainder of non-exempt, responsive records to plaintiff by no later than July 14, 2017; defendant's motion for summary judgment, including a Vaughn index and supporting declaration(s) regarding the search and other matters, shall be filed by no later than August 23, 2017; plaintiff's opposition to defendant's motion for summary judgment and any cross-motion for summary judgment shall be combined and filed by no later than September 22, 2017; defendant's reply in support of its motion for summary judgment and any opposition to any cross-motion for summary judgment shall be combined and filed by no later than October 23, 2017; and plaintiff's reply in support of its cross-motion for summary judgment, if any, shall be filed by no later than November 22, 2017. Signed by Judge Emmet G. Sullivan on 06/22/2017. (lcegs3) (Entered: 06/22/2017)
2017-06-22Set/Reset Deadlines: Defendant's Motion For Summary Judgment, Including A Vaughn Index And Supporting Declarations due by 08/23/2017. Plaintiff's Opposition to Defendant's Motion For Summary Judgment And Any Cross-Motion For Summary Judgment Shall Be Combined due by 9/22/2017. Defendant's Reply In Support OF Its Motion For Summary Judgment And Any Opposition To Any Cross-Motion For Summary Judgment Shall Be Combined due by 10/23/2017. Plaintiff's Reply In Support Of Its Cross-Motion For Summary Judgment due by 11/22/2017. (mac) (Entered: 06/22/2017)
2017-07-118Unopposed MOTION for Extension of Time to Complete Processing and to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 07/11/2017)
2017-07-12MINUTE ORDER granting 8 defendant's unopposed motion for extension of time. Defendant shall complete its processing and provide the remainder of non-exempt, responsive records to plaintiff by no later than August 18, 2017; defendant's motion for summary judgment, including a Vaughn index and supporting declarations regarding the search and other matters, shall be filed by no later than September 20, 2017; plaintiff's combined opposition and any cross-motion for summary judgment shall be filed by no later than October 20, 2017; defendant's combined reply in support of its motion and opposition to any cross-motion shall be filed by no later than November 20, 2017; and plaintiff's reply in support of any cross-motion shall be filed by no later than December 20, 2017. Signed by Judge Emmet G. Sullivan on 07/12/2017. (lcegs3) (Entered: 07/12/2017)
2017-07-13Set/Reset Deadlines: Defendant's Motion For Summary Judgment motions due by 9/20/2017. Plaintiff's Combined Opposition And Any Cross-Motion For Summary Judgment due by 10/20/2017. Defendant's Combined Reply In Support Of Its Motion And Opposition To Any Cross-Motion due by 11/20/2017. Plaintiff's Reply In Support Of Any Cross-Motion due by 12/20/2017. (mac) (Entered: 07/13/2017)
2017-07-269STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 7/26/2017. (Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/26/2017)
2017-07-2710NOTICE of Appearance by Sean M. Sherman on behalf of KATE A. VOIGT (Sherman, Sean) (Entered: 07/27/2017)
2017-09-1511Unopposed MOTION to Modify Schedule by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Declaration Ann Marie Pedersen, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 09/15/2017)
2017-09-17MINUTE ORDER. Granting 11 defendant's unopposed motion to modify the schedule. It is hereby ordered that the following filing deadlines shall apply to this case: defendant shall complete its processing of the non-Department emails and provide non-exempt, responsive records to plaintiff on or before October 16, 2017; plaintiff shall provide defendant a list of any remaining issues on or before November 15, 2017; defendant shall file a motion for summary judgment, including a Vaughn index and supporting declarations on or before February 1, 2018; plaintiff's opposition and any cross-motion for summary judgment shall be filed on or before March 6, 2018; defendant's reply in support of its motion for summary judgment and opposition to any cross-motion shall be filed on or before April 6, 2018; and plaintiff's reply in further support of any cross-motion shall be filed on or before May 8, 2018. Signed by Judge Emmet G. Sullivan on 9/17/2017. (lcegs3) (Entered: 09/17/2017)
2017-09-18Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 2/1/2018. Plaintiff's Opposition And Any Cross-Motion For Summary Judgment due by 3/6/2018. Defendant's Reply In Support Of Its Motion For Summary Judgment due by 4/6/2018. Plaintiff's Reply In Further Support Of Any Cross-Motion due by 5/8/2018. (mac) (Entered: 09/18/2017)
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by FOIA Project Staff