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Case TitleThe Century Foundation v. DeVos et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv01128
Date Filed2018-02-08
Date Closed2018-03-14
JudgeJudge Paul A. Crotty
PlaintiffThe Century Foundation
Case DescriptionThe Century Foundation submitted a FOIA request to the Department of Education for records concerning an application of initial recognition by the Accrediting Council for Independent Colleges and Schools. The Century Foundation also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Century Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantAll Defendants
Elisabeth DeVos
All Defendants
U.S. Department of Education
DefendantBetsy Devos in her official capacity as Secretary of Education
DefendantUnited States Department of Education
DefendantAccrediting Council for Independent Colleges and Schools
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [19]
Opinion/Order [46]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-081FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Elisabeth DeVos, U.S. Department of Education. (Filing Fee $ 400.00, Receipt Number 0208-14677183)Document filed by The Century Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Elson, Alexander) Modified on 2/9/2018 (sj). (Entered: 02/08/2018)
2018-02-082CIVIL COVER SHEET filed. (Elson, Alexander) (Entered: 02/08/2018)
2018-02-083FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Education, re: 1 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) Modified on 2/9/2018 (sj). (Entered: 02/08/2018)
2018-02-084FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) Modified on 2/9/2018 (sj). (Entered: 02/08/2018)
2018-02-085FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney for the Southern District of New York, re: 1 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) Modified on 2/9/2018 (sj). (Entered: 02/08/2018)
2018-02-086FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Betsy DeVos, re: 1 Complaint. Document filed by The Century Foundation. (Elson, Alexander) Modified on 2/9/2018 (sj). (Entered: 02/08/2018)
2018-02-087FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Century Foundation.(Elson, Alexander) Modified on 2/9/2018 (lb). (Entered: 02/08/2018)
2018-02-09***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Alexander Samuel Elson to RE-FILE Document 7 Rule 7.1 Corporate Disclosure Statement. (PDF is not Signed) (lb) (Entered: 02/09/2018)
2018-02-098AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Century Foundation.(Elson, Alexander) (Entered: 02/09/2018)
2018-02-09***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Samuel Elson. The party information for the following party/parties has been modified: The Century Foundation; United States Department of Education; Betsy Devos. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (sj) (Entered: 02/09/2018)
2018-02-09***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander Samuel Elson. The following case opening statistical information was erroneously selected/entered: Cause of Action code 5:551. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 5:702. (sj) (Entered: 02/09/2018)
2018-02-09***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexander Samuel Elson to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) (Entered: 02/09/2018)
2018-02-09CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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 . (sj) (Entered: 02/09/2018)
2018-02-09Magistrate Judge Andrew J. Peck 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 . (sj) (Entered: 02/09/2018)
2018-02-09Case Designated ECF. (sj) (Entered: 02/09/2018)
2018-02-09***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Samuel Elson to RE-FILE Document No. 6 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Caption Error. All defendant names must been seen and must match exactly as pleading. If all defendant names do not fit, list leading defendant followed by "et al". Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) (Entered: 02/09/2018)
2018-02-09***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Samuel Elson to RE-FILE Document No. 5 Request for Issuance of Summons, 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summonses are only issued to parties in the case. (sj) (Entered: 02/09/2018)
2018-02-099COMPLAINT against Betsy Devos, United States Department of Education. Document filed by The Century Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Elson, Alexander) (Entered: 02/09/2018)
2018-02-0910REQUEST FOR ISSUANCE OF SUMMONS as to Betsy DeVos, re: 9 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) (Entered: 02/09/2018)
2018-02-0911REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 9 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) (Entered: 02/09/2018)
2018-02-1212ELECTRONIC SUMMONS ISSUED as to Betsy Devos. (vf) (Entered: 02/12/2018)
2018-02-1213ELECTRONIC SUMMONS ISSUED as to United States Department of Education. (vf) (Entered: 02/12/2018)
2018-02-1314ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER. It is hereby ORDERED that Defendants Betsy Devos and United States Department of Education shall show cause before this Court in Room 14C, 500 Pearl Street, New York, New York, on February 15, 2018, at 11o'clock in the AM or as soon thereafter as counsel can be heard, why an order should not be issued, pursuant to Federal Rule of Civil Procedure 65, preliminarily enjoining defendants during the pendency of this action from (1) enforcing February 16, 2018 as the end of the comment period, as noticed in Solicitation published in the Federal Register on January 24, 2018 at 83 Fed. Reg. 3335; (2) continuing to withhold any and all non-exempt records necessary for TCF to submit comments in response to the Defendant's January 24, 2018 Solicitation; (3) continuing to withhold any and all non-exempt records responsive to TCF's January 23, 2018 ACICS and ABA FOIR Requests as identified in the Complaint; (4) closing the comment period announced in the January 24, 2018 Solicitation, 83 Fed. Reg. 3335, until 21 days after Plaintiff has received the documents to which it is entitled and which are necessary to inform Plaintiff's comments. ORDERED that the bond requirement of Federal Rule Civil Procedure 65(c) is waived; and it is further ORDERED that personal service of a copy of this Order to Show Cause together with the papers on which it is based, and the Summons and Complaint be served on or before the close of business, Wednesday, February 14, 2018 upon the defendants by complying with Federal Rule of Civil Procedure 4.1(i), shall be deemed good and sufficient service thereof. (Show Cause Hearing set for 2/15/2018 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 2/13/18) (yv) (Entered: 02/14/2018)
2018-02-1415MEMORANDUM OF LAW in Support re: 14 Order to Show Cause,,,,,,, . Document filed by The Century Foundation. (Elson, Alexander) (Entered: 02/14/2018)
2018-02-1416DECLARATION of Alexander Elson in Support re: 14 Order to Show Cause,,,,,,,. Document filed by The Century Foundation. (Attachments: # 1 Exhibit 1)(Elson, Alexander) (Entered: 02/14/2018)
2018-02-1417DECLARATION of Tariq Habash in Support re: 14 Order to Show Cause,,,,,,,. Document filed by The Century Foundation. (Elson, Alexander) (Entered: 02/14/2018)
2018-02-1518NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of Betsy Devos, United States Department of Education. (Doud, Rachael) (Entered: 02/15/2018)
2018-02-15Minute Entry for proceedings held before Judge Paul A. Crotty: Oral Argument held on 2/15/2018 re: 14 Order to Show Cause. REMARK: Alexander Elson appeared for the plaintiff. AUSA's Rachael Doud and Arastu Chaudhury appeared for the government. Argument was heard from both sides. The Court will render a decision, shortly. See transcript for details (Court Reporter Carol Ganley) (dgo) (Entered: 02/15/2018)
2018-02-1519OPINION AND ORDER: The Court hereby enters a TRO enjoining the Department from enforcing the deadline for third parties to comment on the initial application by ACICS and the compliance report submitted by the ABA. This TRO is effective until the earlier of: (1) March 1, 2018, or (2) the disposition of the motion for a preliminary injunction. A hearing on the motion will be scheduled for February 22, 2018 at 11:30. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/15/2018) (dgo) (Entered: 02/16/2018)
2018-02-1620AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. Betsy Devos served on 2/12/2018, answer due 3/14/2018; United States Department of Education served on 2/12/2018, answer due 3/14/2018. Service was made by MAIL. Document filed by The Century Foundation. (Elson, Alexander) (Entered: 02/16/2018)
2018-02-1621AFFIDAVIT of Mark A Russell, Jr Affidavit of Service of Order to Show Cause and Accompanying Papers on U.S. Department of Education . Document filed by The Century Foundation. (Elson, Alexander) (Entered: 02/16/2018)
2018-02-1622AFFIDAVIT of Mark A Russell Jr Affidavit of Service of Order to Show Cause and Accompanying Papers on U.S. Department of Justice . Document filed by The Century Foundation. (Elson, Alexander) (Entered: 02/16/2018)
2018-02-1623DECLARATION of Alexander Elson Declaration of Service of Order to Show Cause and Accompanying Papers on U.S. Attorneys Office for the Southern District of New York . Document filed by The Century Foundation. (Elson, Alexander) (Entered: 02/16/2018)
2018-02-1624LETTER MOTION to Continue Hearing addressed to Judge Paul A. Crotty from Rachael L. Doud dated February 16, 2018. Document filed by Betsy Devos, United States Department of Education.(Doud, Rachael) (Entered: 02/16/2018)
2018-02-2025ORDER granting 24 Letter Motion to Continue. The motion will be adjourned to March 1, 2018 at 4pm. So Ordered. (Signed by Judge Paul A. Crotty on 2/20/18) (yv) (Entered: 02/20/2018)
2018-02-20Set/Reset Deadlines as to Motion Hearing set for 3/1/2018 at 04:00 PM before Judge Paul A. Crotty. (yv) (Entered: 02/20/2018)
2018-02-2726MOTION for Allyson Beth Baker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14749872. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accrediting Council for Independent Colleges and Schools. (Attachments: # 1 Affidavit of Allyson B. Baker in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing (District of Columbia), # 3 Text of Proposed Order for Admission Pro Hac Vice)(Baker, Allyson) (Entered: 02/27/2018)
2018-02-2727OPPOSITION BRIEF re: 14 Order to Show Cause,,,,,,, Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction . Document filed by Accrediting Council for Independent Colleges and Schools, United States Department of Education.(Doud, Rachael) (Entered: 02/27/2018)
2018-02-2728OPPOSITION BRIEF re: 14 Order to Show Cause,,,,,,, Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction . Document filed by Betsy Devos, United States Department of Education. (Attachments: # 1 Declaration of Donna S. Mangold, # 2 Declaration of Herman Bounds, Jr., # 3 Exhibit A to Bounds Declaration, # 4 Exhibit B to Bounds Declaration, # 5 Exhibit C to Bounds Declaration, # 6 Declaration of Jill B. Siegelbaum, # 7 Ex. A to Siegelbaum Declaration, # 8 Ex. B-1 to Siegelbaum Declaration, # 9 Ex. B-2 to Siegelbaum Declaration, # 10 Exhibit B-3 to Siegelbaum Declaration, # 11 Exhibit B-4 to Siegelbaum Declaration, # 12 Exhibit B-5 to Siegelbaum Declaration, # 13 Exhibit B-6 to Siegelbaum Declaration, # 14 Exhibit B-7 to Siegelbaum Declaration, # 15 Exhibit B-8 to Siegelbaum Declaration, # 16 Exhibit B-9 to Siegelbaum Declaration, # 17 Exhibit B-10 to Siegelbaum Declaration, # 18 Exhibit B-11 to Siegelbaum Declaration, # 19 Exhibit B-12 to Siegelbaum Declaration, # 20 Exhibit B-13 to Siebelbaum Declaration, # 21 Exhibit C to Siegelbaum Declaration)(Doud, Rachael) (Entered: 02/27/2018)
2018-02-28CALENDAR ENTRY **REMINDER**: Oral Argument is scheduled to go forward on: Thursday, March 1, 2018 @ 4:35 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. **Please note the time change**. If the parties deem the conference unnecessary at this time, either party can e-mail the Courtroom Deputy at David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo) (Entered: 02/28/2018)
2018-02-2829MOTION for Sameer Parvez Sheikh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14754062. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accrediting Council for Independent Colleges and Schools. (Attachments: # 1 Affidavit of Sameer P. Sheikh in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing (District of Columbia), # 3 Text of Proposed Order for Admission Pro Hac Vice)(Sheikh, Sameer) (Entered: 02/28/2018)
2018-02-28>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Sameer Parvez Sheikh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14754062. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 02/28/2018)
2018-02-2830ORDER granting 26 Motion for Allyson Beth Baker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 02/28/2018)
2018-02-2831ORDER granting 29 Motion for Sameer Parvez Sheikh to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 02/28/2018)
2018-02-2832LETTER addressed to Judge Paul A. Crotty from Allyson B. Baker, Esq. dated February 28, 2018 re: ACICS' Request to Move to Intervene. Document filed by Accrediting Council for Independent Colleges and Schools. (Attachments: # 1 Declaration of Sameer P. Sheikh)(Baker, Allyson) (Entered: 02/28/2018)
2018-03-0133REPLY re: 14 Order to Show Cause,,,,,,, . Document filed by The Century Foundation. (Attachments: # 1 Affidavit Declaration of Alexander Elson, # 2 Exhibit Exhibit 1 to the Declaration of Alexander Elson, # 3 Exhibit Exhibit 2 to the Declaration of Alexander Elson, # 4 Exhibit Exhibit 3 to the Declaration of Alexander Elson, # 5 Exhibit Exhibit 4 to the Declaration of Alexander Elson, # 6 Exhibit Exhibit 5 to the Declaration of Alexander Elson, # 7 Exhibit Exhibit 6 to the Declaration of Alexander Elson, # 8 Affidavit Declaration of Robert Shireman, # 9 Exhibit Exhibit 1 to the Declaration of Robert Shireman, # 10 Affidavit Declaration of Clare McCann, # 11 Exhibit Exhibit 1 to the Declaration of Clare McCann, # 12 Exhibit Exhibit 2 to the Declaration of Clare McCann, # 13 Exhibit Exhibit 3 to the Declaration of Clare McCann, # 14 Affidavit Declaration of Ben Miller, # 15 Exhibit Exhibit 1 to the Declaration of Ben Miller, # 16 Exhibit Exhibit 2 to the Declaration of Ben Miller)(Elson, Alexander) (Entered: 03/01/2018)
2018-03-01Minute Entry for proceedings held before Judge Paul A. Crotty: Oral Argument held on 3/1/2018 re: 14 Order to Show Cause. REMARK: Alexander Elson appeared for the plaintiff. AUSA's Rachael Doud and Sarah Normand appeared for the government. The Court heard argument from both sides. The Preliminary Injunction is DENIED. See transcript for details. (Court Reporter Andrew Walker) (dgo) (Entered: 03/01/2018)
2018-03-1434NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by The Century Foundation. (Elson, Alexander) (Entered: 03/14/2018)
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