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Case TitleDEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02609
Date Filed2017-12-07
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Project submitted a FOIA request to the Department of Education for records concerning the Borrower Defense Regulations that were postponed due to litigation filed by the California Association of Private Postsecondary Schools. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Democracy Forward Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF EDUCATION
DefendantDEPARTMENT OF EDUCATION
400 Maryland Ave. SW
Washington, DC 20202
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-071COMPLAINT against DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5237896) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Guzman, Javier) (Entered: 12/07/2017)
2017-12-072LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Guzman, Javier) (Entered: 12/07/2017)
2017-12-08Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 12/08/2017)
2017-12-083SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/08/2017)
2017-12-114STANDING 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 12/11/17. (Attachment: # 1 Exhibit 1) (mac) (Entered: 12/11/2017)
2017-12-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/13/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/12/2018. (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 12/19/2017)
2017-12-20NOTICE OF ERROR re 5 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to jguzman@democracyforward.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. same document as to Federal Dfts and USAG (jf, ) (Entered: 12/20/2017)
2017-12-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 12/12/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/13/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/13/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 1/12/2018.) (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 12/20/2017)
2018-01-127NOTICE of Appearance by Melanie Dyani Hendry on behalf of U.S. DEPARTMENT OF EDUCATION (Hendry, Melanie) (Entered: 01/12/2018)
2018-01-128ANSWER to 1 Complaint by U.S. DEPARTMENT OF EDUCATION.(Hendry, Melanie) Modified to add link on 1/16/2018 (znmw). (Entered: 01/12/2018)
2018-01-12MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than March 1, 2018. The parties' joint proposed scheduling order shall address the following: (1) the status of plaintiff's FOIA request; (2) the anticipated number of documents responsive to plaintiff's FOIA request; (3) the anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) whether a motion for an Open America stay is likely in this case; (5) whether a Vaughn index will be required in this case; (6) whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) a proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on January 12, 2018. (lcegs2) (Entered: 01/12/2018)
2018-01-16Set/Reset Deadlines: Joint Scheduling Order For Further Proceedings Or Individual Recommendations due by 3/1/2018. (mac) (Entered: 01/16/2018)
2018-02-289Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Hendry, Melanie) (Entered: 02/28/2018)
2018-04-0610Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Guzman, Javier) (Entered: 04/06/2018)
2018-04-09MINUTE ORDER. In view of 10 the parties' joint status report, the parties are directed to file a further joint status report, which shall include a recommendation for further proceedings, if any, by no later than April 17, 2018. Signed by Judge Emmet G. Sullivan on April 9, 2018. (lcegs2) (Entered: 04/09/2018)
2018-04-10Set/Reset Deadlines: Joint Status Report due by 4/17/2018. (mac) (Entered: 04/10/2018)
2018-04-1711Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Guzman, Javier) (Entered: 04/17/2018)
2018-04-18MINUTE ORDER. In view of 11 the parties' joint status report, the parties are directed to submit a further status report that shall include a recommendation for further proceedings, if any, by no later than June 8, 2018. Signed by Judge Emmet G. Sullivan on April 18, 2018. (lcegs2) (Entered: 04/18/2018)
2018-04-19Set/Reset Deadlines: Status Report due by 6/8/2018. (mac) (Entered: 04/19/2018)
2018-06-0812Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Hendry, Melanie) (Entered: 06/08/2018)
2018-06-11MINUTE ORDER. In view of the parties' joint status report, the parties are directed to comply with the following briefing schedule: defendant shall file its motion for summary judgment by no later than July 25, 2018; plaintiff shall file its cross-motion for summary judgment, combined with its opposition to defendant's motion, by no later than August 27, 2018; defendant shall file its reply, combined with its opposition to plaintiff's motion, by no later than September 27, 2018; and plaintiff shall file its reply in support of its cross-motion by no later than October 18, 2018. Signed by Judge Emmet G. Sullivan on June 11, 2018. (lcegs2) (Entered: 06/11/2018)
2018-06-12Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 7/25/2018. Plaintiff Cross-Motion For Summary Judgment, Combined With Its Opposition To Defendant' Motion due by 8/27/2018.. Defendant Reply, Combined With Its Opposition To Plaintiff' Motion due by 9/27/2018. Plaintiff Reply In Support Of Its Cross-Motion due by 10/18/2018. (mac) (Entered: 06/12/2018)
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by FOIA Project Staff