Skip to content

Case Detail

[Subscribe to updates]
Case TitleREYES v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02548
Date Filed2017-11-27
Date Closed2018-06-29
JudgeJudge Colleen Kollar-Kotelly
PlaintiffFELICIANA G. REYES
Case DescriptionFeliciana Reyes, a 90-year-old who had served as a guerilla in the Philippines in World War II, submitted a FOIA request to the Department of Education for records concerning the Filipino Veterans Equity Compensation Fund. The agency acknowledged receipt of the request and denied Reyes' request, citing Exemption 5 (privileges). Reyes filed an administrative appeal. The agency granted the appeal in part. Reyes then filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search

DefendantUNITED STATES DEPARTMENT OF EDUCATION
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-271COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5222010) filed by FELICIANA G. REYES. (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 Civil Cover Sheet, # 13 Summons to United States Department of Education, # 14 Summons to U.S. Attorney for the District of Columbia, # 15 Summons to U.S. Attorney General)(Watkins, Seth) (Entered: 11/27/2017)
2017-11-272NOTICE OF RELATED CASE by FELICIANA G. REYES. Case related to Case No. 1:17-cv-01497-CKK. (Watkins, Seth) (Entered: 11/27/2017)
2017-11-273NOTICE of Appearance by Louis S. Mastriani on behalf of FELICIANA G. REYES (Mastriani, Louis) (Entered: 11/27/2017)
2017-11-29Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 11/29/2017)
2017-11-294SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 11/29/2017)
2017-12-015WITHDRAWN PURSUANT TO MINUTE ORDER FILED 12/11/2017..... MOTION for Preliminary Injunction by FELICIANA G. REYES (Attachments: # 1 Memorandum in Support of Motion for a Preliminary Injunction, # 2 Text of Proposed Order, # 3 Declaration of Seth A. Watkins, # 4 Exhibit 1 to Watkins Declaration, # 5 Exhibit 2 to Watkins Declaration, # 6 Exhibit 3 to Watkins Declaration, # 7 Exhibit 4 to Watkins Declaration, # 8 Exhibit 5 to Watkins Declaration, # 9 Exhibit 6 to Watkins Declaration, # 10 Exhibit 7 to Watkins Declaration, # 11 Exhibit 8 to Watkins Declaration, # 12 Exhibit 9 to Watkins Declaration, # 13 Exhibit 10 to Watkins Declaration, # 14 Exhibit 11 to Watkins Declaration, # 15 Exhibit 12 to Watkins Declaration, # 16 Exhibit 13 to Watkins Declaration, # 17 Exhibit 14 to Watkins Declaration, # 18 Exhibit 15 to Watkins Declaration, # 19 Exhibit 16 to Watkins Declaration)(Watkins, Seth) Modified on 12/12/2017 (znmw). (Entered: 12/01/2017)
2017-12-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/1/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/31/2017. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 12/04/2017)
2017-12-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 12/4/2017 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 12/04/2017)
2017-12-048RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/04/2017. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 12/04/2017)
2017-12-049NOTICE of Appearance by Marina Utgoff Braswell on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Braswell, Marina) (Entered: 12/04/2017)
2017-12-04MINUTE ORDER: The Court has received Plaintiff's 5 Motion for a Preliminary Injunction. The Court has arranged a teleconference on the record with the parties on DECEMBER 5, 2017, at 3:00 PM to discuss a briefing schedule in this case. Signed by Judge Colleen Kollar-Kotelly on December 4, 2017. (lcckk1) (Entered: 12/04/2017)
2017-12-04Set/Reset Hearings: Telephone Conference on the record set for 12/5/2017 at 3:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (dot) (Entered: 12/04/2017)
2017-12-05MINUTE ORDER: The Court held a teleconference on the record with the parties on December 5, 2017, regarding the status of this case. The parties informed the Court that they have discussed the issue underlying Plaintiff's 5 Motion for Preliminary Injunction and have agreed upon a processing schedule. Accordingly, they have agreed to file a consent order setting forth the proposed processing schedule and Plaintiff's withdrawal of the 5 Motion for Preliminary Injunction. With the parties' consent, the Court orders that the parties shall file the aforementioned consent order no later than DECEMBER 7, 2017 . Signed by Judge Colleen Kollar-Kotelly on December 5, 2017. (lcckk1) (Entered: 12/05/2017)
2017-12-05Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 12/5/2017. (Court Reporter Crystal Pilgrim.) (dot) (Entered: 12/06/2017)
2017-12-0710NOTICE of Proposed Order -- Joint Proposed Consent Order by FELICIANA G. REYES (Watkins, Seth) (Entered: 12/07/2017)
2017-12-11MINUTE ORDER: The Court has received the parties' 10 [Joint Proposed] Consent Order. In view of the telephonic scheduling conference conducted with the parties on December 5, 2017, and with the consent of the parties, Plaintiff's 5 Motion for a Preliminary Injunction is deemed WITHDRAWN as moot in view of Defendant's agreement to conduct a supplemental search for responsive records with respect to the FOIA request in dispute in this action. By JANUARY 10, 2018 , Defendant shall provide Plaintiff with an interim release of responsive, non-exempt records or portions thereof located as a result of its supplemental search. By JANUARY 31, 2018 , Defendant shall complete processing of all records it has located as a result of its new search, provide a final release to Plaintiff of all remaining responsive, non-exempt records or portions thereof, and specify with respect to all records it has released during this action the total number of pages released and all exemptions asserted for all withholdings. By FEBRUARY 9, 2018 , the parties shall file a Joint Status Report with the Court identifying what, if any, issues remain and proposing a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on December 11, 2017. (lcckk1) (Entered: 12/11/2017)
2017-12-12Set/Reset Deadlines: By 1/10/2018, Defendant shall provide Plaintiff with an interim release of responsive, non-exempt records or portions thereof located as a result of its supplemental search; By 1/31/2018, Defendant shall complete processing of all records it has located as a result of its new search, provide a final release to Plaintiff of all remaining responsive, non-exempt records or portions thereof, and specify with respect to all records it has released during this action the total number of pages released and all exemptions asserted for all withholdings; Joint Status Report due by 2/9/2018. (kt) (Entered: 12/12/2017)
2018-01-0211ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Braswell, Marina) Modified to add link on 1/3/2018 (znmw). (Entered: 01/02/2018)
2018-01-2212Unopposed MOTION to Stay re Order on Motion for Preliminary Injunction,,,,, by UNITED STATES DEPARTMENT OF EDUCATION (Braswell, Marina) (Entered: 01/22/2018)
2018-01-23MINUTE ORDER: The Court has received Defendant's 12 Motion for a Stay of Court Order Dated December 11, 2017 in Light of Lapse of Appropriations. The 12 Motion seeks a stay of Defendant's obligation to complete certain Freedom of Information Act processing and production by January 31, 2018, due to a lapse in appropriations to the Department of Justice and Defendant Department of Education. Appropriations were temporarily restored within one business day. The Court shall DENY as moot Defendant's 12 Motion. The Court shall grant Defendant one additional business day in each of the remaining deadlines set by the Court's Minute Order of December 11, 2017. Accordingly, by FEBRUARY 1, 2018 , Defendant shall complete processing of all records it has located as a result of its new search, provide a final release to Plaintiff of all remaining responsive, non-exempt records or portions thereof, and specify with respect to all records it has released during this action the total number of pages released and all exemptions asserted for all withholdings. By FEBRUARY 12, 2018 , the parties shall file a Joint Status Report with the Court identifying what, if any, issues remain and proposing a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on January 23, 2018. (lcckk1) (Entered: 01/23/2018)
2018-01-23Set/Reset Deadlines: Joint Status Report due by 2/12/2018. (dot) (Entered: 01/23/2018)
2018-02-1213Joint STATUS REPORT by FELICIANA G. REYES. (Watkins, Seth) (Entered: 02/12/2018)
2018-02-28MINUTE ORDER: The Court has received the parties' 13 Joint Status Report. Pursuant to the Court's Minute Orders of December 11, 2017, and January 23, 2018, Defendant made releases of records to Plaintiff on January 10, 2018, and February 1, 2018. Defendant withheld portions of these records in part or in whole pursuant to Freedom of Information Act ("FOIA") Exemptions 5 and 6. With the parties' consent, Defendant shall prepare a Vaughn index solely with respect to withheld records (or portions thereof) that (1) actually concern the report entitled, U.S. Army Recognition Program of Philippine Guerrillas ("Army Report"), circa 1949, that is at issue in the FOIA request and/or (2) involve Filipino Veterans Equity Compensation Fund ("FVECF") Interagency Working Group ("IWG") communications that included a sender or recipient at the U.S. Department of Veterans Affairs ("VA") or discuss the VA, and Defendant shall provide this Vaughn index to Plaintiff by MARCH 14, 2018 . The Court adopts the parties' proposal that they shall file a further Joint Status Report by MARCH 29, 2018 . This Joint Status Report shall identify what, if any, issues remain and propose a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on February 28, 2018. (lcckk1) (Entered: 02/28/2018)
2018-02-28Set/Reset Deadlines: Joint Status Report due by 3/29/2018. Defendant's Vaughn Index due by 3/14/2018. (dot) (Entered: 02/28/2018)
2018-03-2914Joint STATUS REPORT by FELICIANA G. REYES. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Watkins, Seth) (Entered: 03/29/2018)
2018-04-1815Joint STATUS REPORT by FELICIANA G. REYES. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 04/18/2018)
2018-04-23MINUTE ORDER: The Court has received the parties' 14 and 15 Joint Status Reports, which indicate that Defendant produced a Vaughn index pursuant to the Court's Minute Order of February 28, 2018, and that the parties have since met and conferred in an attempt to narrow remaining issues in dispute. The Court adopts the parties' proposal that, by APRIL 27, 2018 , Defendant shall inform Plaintiff of its re-releasability determinations with respect to the remaining records at issue between the parties. The parties shall submit a schedule for further proceedings, with a proposed briefing schedule, if needed, by MAY 2, 2018 . Signed by Judge Colleen Kollar-Kotelly on April 23, 2018. (lcckk1) (Entered: 04/23/2018)
2018-05-0216Joint STATUS REPORT by FELICIANA G. REYES. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 05/02/2018)
2018-05-17MINUTE ORDER: The Court has received the parties' 16 Joint Status Report, which indicates that the parties have resolved the substantive disputes in this case and have yet to resolve only the issue of attorney's fees and costs. The parties shall submit a Joint Status Report by JUNE 8, 2018 , regarding the status of their meet-and-confer discussions regarding Plaintiff's proposed settlement of attorney's fees and costs. That report shall propose a briefing schedule, if needed. Signed by Judge Colleen Kollar-Kotelly on May 17, 2018. (lcckk1) (Entered: 05/17/2018)
2018-06-0717Joint STATUS REPORT by FELICIANA G. REYES. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 06/07/2018)
2018-06-08MINUTE ORDER: The Court has received the parties' 17 Joint Status Report, which indicates that Plaintiff has provided Defendant with a proposed settlement as to attorney's fees and costs and that the parties continue to engage in meet-and-confer settlement negotiations. As the parties request, the Court shall permit them additional time to achieve settlement. The parties shall submit a Joint Status Report by JUNE 22, 2018 , regarding the status of their meet-and-confer discussions regarding Plaintiff's proposed settlement of attorney's fees and costs. That report shall propose a briefing schedule, if needed. Signed by Judge Colleen Kollar-Kotelly on June 8, 2018. (lcckk1) (Entered: 06/08/2018)
2018-06-08Set/Reset Deadlines: Joint Status Report due by 6/22/2018, regarding the status of their meet-and confer discussions regarding Plaintiff's proposed settlement of attorney's fees and costs. (dot) (Entered: 06/08/2018)
2018-06-2218STIPULATION of Dismissal and Settlement by FELICIANA G. REYES. (Watkins, Seth) (Entered: 06/22/2018)
2018-06-2819ORDER. This case is DISMISSED. Signed by Judge Colleen Kollar-Kotelly on June 28, 2018. (lcckk1) (Entered: 06/28/2018)
Hide Docket Events
by FOIA Project Staff