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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)
2017-09-2014MOTION for Joseph Phillip Vardner to Appear Pro Hac Vice . 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, # 4 Text of Proposed Order)(Vardner, Joseph) (Entered: 09/20/2017)
2017-09-21>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Joseph Phillip Vardner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 09/21/2017)
2017-09-2115FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Avi Samuel Garbow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14153360. 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, # 4 Text of Proposed Order)(Garbow, Avi) Modified on 9/21/2017 (ma). (Entered: 09/21/2017)
2017-09-21>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 15 MOTION for Avi Samuel Garbow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14153360. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): PLEASE REMOVE THE NAME OF THE STATE BAR IN WHICH THE ATTORNEY IS INACTIVE FROM THE MOTION AND PLEASE REMOVE THAT CERTIFICATE OF GOOD STANDING AS WELL.;. 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 Proposed Order.. (ma) (Entered: 09/21/2017)
2017-09-2116MOTION for Avi Samuel Garbow to Appear Pro Hac Vice . 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 Text of Proposed Order)(Garbow, Avi) (Entered: 09/21/2017)
2017-09-21>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Avi Samuel Garbow to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 09/21/2017)
2017-09-2617CONSENT LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Lorna G. Schofield from AUSA Michael J. Byars dated September 26, 2017. Document filed by United States Department of Education, United States Department of Justice.(Byars, Michael) (Entered: 09/26/2017)
2017-09-2718ORDER: granting 17 Letter Motion for Extension of Time. Application GRANTED. Defendants' deadline to respond to the Complaint is extended from September 27, 2017, to October 6, 2017. (Signed by Judge Lorna G. Schofield on 9/27/2017) (ama) (Entered: 09/27/2017)
2017-09-27Set/Reset Deadlines: United States Department of Education answer due 10/6/2017; United States Department of Justice answer due 10/6/2017. (ama) (Entered: 09/27/2017)
2017-10-0319LETTER addressed to Judge Lorna G. Schofield from Blair Silver dated 10/3/2017 re: Case Management Plan and Scheduling Order. Document filed by Lambda Legal Defense and Education Fund, Inc..(Silver, Blair) (Entered: 10/03/2017)
2017-10-0420ORDER: WHEREAS, on October 3, 2017, the parties filed a joint letter (Dkt. No. 19) in advance of the Initial Pretrial Conference Scheduled on October 10, 2017, at 11:00 A.M. It is hereby ORDERED that by October 5, 2017, at noon, the parties shall file 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), in compliance with the Court's Individual Rules. (Signed by Judge Lorna G. Schofield on 10/4/2017) (kgo) (Entered: 10/04/2017)
2017-10-0521NOTICE of Proposed Civil Case Management Plan and Scheduling Order re: 20 Order,,. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 10/05/2017)
2017-10-0622ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for October 10, 2017 at 11:00 a.m., shall be rescheduled for October 10, 2017 at 10:40 a.m., due to a scheduling conflict. SO ORDERED., ( Initial Conference set for 10/10/2017 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/06/2017) (ama) (Entered: 10/06/2017)
2017-10-0623ANSWER to 1 Complaint,. Document filed by United States Department of Education, United States Department of Justice.(Byars, Michael) (Entered: 10/06/2017)
2017-10-1024ORDER granting 14 Motion for Joseph Phillip Vardner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 10/10/2017)
2017-10-1025ORDER granting 16 Motion for Avi Samuel Garbow to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 10/10/2017)
2017-10-1026ORDER: It is hereby ORDERED that by December 20, 2017, Defendants shall produce the Vaughn Index and documents in response to Plaintiff's Freedom of Information Act request. It is further ORDERED that by December 26, 2017, the parties shall file a joint status letter with an update about the document production in response to Plaintiff's FOIA request, and if Defendants are not fully compliant, Plaintiff shall file a pre-motion letter for any anticipated summary judgment motion. It is further ORDERED that by January 8, 2017, Defendants shall file a letter in response to Plaintiffs pre-motion letter, if any. It is further ORDERED that a conference will be held on January 16, 2018, at 10:40 A.M. to discuss the summary judgment motion, if any. Motion Hearing set for 1/16/2018 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/10/2017) (kgo) (Entered: 10/10/2017)
2017-10-2727AMENDED ANSWER to 1 Complaint,. Document filed by United States Department of Education, United States Department of Justice. (Byars, Michael) (Entered: 10/27/2017)
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by FOIA Project Staff