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Case TitleThe Century Foundation v. United States Department of Education
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv03299
Date Filed2018-04-16
Date ClosedOpen
JudgeJudge Naomi Reice Buchwald
PlaintiffThe Century Foundation
Case DescriptionThe Century Foundation submitted two FOIA requests to the Department of Education for records concerning the announcement by Dream Center Foundation that it intended to purchase institutions of higher education owned by the Education Management Corporation. The agency acknowledged receipt of both requests, but the Century Foundation heard nothing further before filing suit. The Century Foundation submitted a third FOIA request to the Department of Education for records concerning the change of ownership of Kaplan University. The agency acknowledged of the request and provided an interim response. However, after hearing nothing further from the agency concerning any of the three requests, the Century Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Education
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-161COMPLAINT against United States Department of Education. (Filing Fee $ 400.00, Receipt Number 0208-14945455)Document filed by The Century Foundation. (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 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Elson, Alexander) (Entered: 04/16/2018)
2018-04-162CIVIL COVER SHEET filed. (Elson, Alexander) (Entered: 04/16/2018)
2018-04-163RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Century Foundation.(Elson, Alexander) (Entered: 04/16/2018)
2018-04-164FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) Modified on 4/17/2018 (pne). (Entered: 04/16/2018)
2018-04-17CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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 . (pne) (Entered: 04/17/2018)
2018-04-17Magistrate 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 . (pne) (Entered: 04/17/2018)
2018-04-17Case Designated ECF. (pne) (Entered: 04/17/2018)
2018-04-17***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: County code New York. The following correction has been made to your case entry: the County code has been modified to XX Out of State. (pne) (Entered: 04/17/2018)
2018-04-17***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Samuel Elson to RE-FILE Document No. 4 Request for Issuance of Summons,. The filing is deficient for the following reason: the name of the defendant in the 'To' field must appear exactly as it does on the complaint. 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. (pne) (Entered: 04/17/2018)
2018-04-175REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) (Entered: 04/17/2018)
2018-04-186ELECTRONIC SUMMONS ISSUED as to United States Department of Education. (pne) (Entered: 04/18/2018)
2018-04-247AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. United States Department of Education served on 4/24/2018, answer due 5/24/2018. Service was made by Mail. Document filed by The Century Foundation. (Attachments: # 1 Exhibit A)(Elson, Alexander) (Entered: 04/24/2018)
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by FOIA Project Staff