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Case TitleLambda Legal Defense and Education Fund, Inc. v. United States Department of Education et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv06390
Date Filed2017-08-22
Date ClosedOpen
JudgeJudge Lorna G. Schofield
PlaintiffLambda Legal Defense and Education Fund, Inc.
Case DescriptionThe Lambda Legal Defense and Education Fund submitted FOIA requests to the Department of Education and the Department of Justice for records concerning the rescission of two guidance documents pertaining to schools' Title IX obligations with respect to transgender students. The Department of Education acknowledged receipt of the request and told Lambda that it would take more time to respond. After four inquiries concerning the status of its request, Education had still not responded to Lambda. The Civil Rights Division at Justice told Lambda that it had located 109 pages, but was withholding them under Exemption 5 (privileges). Lambda filed an administrative appeal of the Civil Rights Division's decision. After hearing nothing further from DOJ, Lambda filed suit against both the Education Department and the Justice Department.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Litigation - Vaughn index

DefendantUnited States Department of Education
DefendantUnited States Department of Justice
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-221COMPLAINT against United States Department of Education, United States Department of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14043659)Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Silver, Blair) (Entered: 08/22/2017)
2017-08-222CIVIL COVER SHEET filed. (Silver, Blair) (Entered: 08/22/2017)
2017-08-223RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lambda Legal Defense and Education Fund, Inc..(Silver, Blair) (Entered: 08/22/2017)
2017-08-224REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 08/22/2017)
2017-08-225REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Education, re: 1 Complaint,. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 08/22/2017)
2017-08-226NOTICE OF APPEARANCE by Susan L. Sommer on behalf of Lambda Legal Defense and Education Fund, Inc.. (Sommer, Susan) (Entered: 08/22/2017)
2017-08-237ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (rch) (Entered: 08/23/2017)
2017-08-238ELECTRONIC SUMMONS ISSUED as to United States Department of Education. (rch) (Entered: 08/23/2017)
2017-08-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (rch) (Entered: 08/23/2017)
2017-08-23Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (rch) (Entered: 08/23/2017)
2017-08-23Case Designated ECF. (rch) (Entered: 08/23/2017)
2017-08-289AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Education served on 8/28/2017, answer due 9/27/2017. Service was made by Mail. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 08/28/2017)
2017-08-2810AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Justice served on 8/28/2017, answer due 9/27/2017. Service was made by Mail. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 08/28/2017)
2017-08-2911ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Parties who are not local (within the Metropolitan tri-state area) may request to attend by phone by filing a letter motion via ECF. Any open legal issues can be addressed at the conference. All parties are required to register promptly as filing users on ECF. Counsel are further required to review and comply with the Court's Individual Rules and Procedures ("Individual Rules") (available at the Courts website, http://nysd.uscourts.gov/judge/Schofield).Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to prepare a joint Proposed Civil Case Management Plan and Scheduling Order in the form available at the Court's website (http://nysd.uscourts.gov/judge/Schofield) and append it to their joint letter described below. The parties must propose dates for the various deadlines even if they intend to request a stay of discovery. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF at least seven calendar days prior to the initial pre-trial conference, not to exceed 5 pages, providing the following information in separate paragraphs as further set forth in this Order. DATE AND PLACE OF CONFERENCE: October 10, 2017 at 11:00 a.m., in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. (Initial Conference set for 10/10/2017 at 11:00 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 8/29/17) (yv) (Entered: 08/29/2017)
2017-09-0512NOTICE OF APPEARANCE by Michael James Byars on behalf of United States Department of Education, United States Department of Justice. (Byars, Michael) (Entered: 09/05/2017)
2017-09-0613FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joseph Phillip Vardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14096343. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B)(Vardner, Joseph) Modified on 9/6/2017 (jc). (Entered: 09/06/2017)
2017-09-06>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Joseph Phillip Vardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14096343. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (our court does not accept state bar certificates). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) (Entered: 09/06/2017)
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by FOIA Project Staff