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Case TitleNational Consumer Law Center v. United States Department of Education
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2018cv10763
Date Filed2018-04-19
Date ClosedOpen
JudgeJudge Indira Talwani
PlaintiffNational Consumer Law Center
Case DescriptionThe National Consumer Center submitted a FOIA request to the Department of Education for records concerning the lawsuit, California Association of Private Postsecondary Schools v. DeVos. The agency acknowledged receipt of the request. The agency disclosed 121 pages with redactions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). NCC filed an administrative appeal, but after hearing nothing further from the agency, NCC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Department of Education
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-191COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7101407 (Fee Status: Filing Fee paid), filed by National Consumer Law Center. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Rossman, Stuart) (Entered: 04/19/2018)
2018-04-192ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (McDonagh, Christina) (Entered: 04/19/2018)
2018-04-193Summons Issued as to United States Department of Education. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) (Entered: 04/19/2018)
2018-04-234MOTION for Leave to Appear Pro Hac Vice for admission of Patrick Llewellyn Filing fee: $ 100, receipt number 0101-7104176 by National Consumer Law Center. (Attachments: # 1 Affidavit Declaration)(Rossman, Stuart) (Entered: 04/23/2018)
2018-04-255Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 4 Motion for Leave to Appear Pro Hac Vice Added Patrick D. Llewellyn. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) (Entered: 04/25/2018)
2018-04-266NOTICE of Appearance by Persis S. Yu on behalf of National Consumer Law Center (Yu, Persis) (Entered: 04/26/2018)
2018-05-257SUMMONS Returned Executed as to US Attorney by National Consumer Law Center. United States Department of Education served on 5/2/2018, answer due 7/2/2018 filed by National Consumer Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Persis) Modified text, answer deadline and event type on 5/29/2018 (DaSilva, Carolina). (Entered: 05/25/2018)
2018-06-138NOTICE of Appearance by Susan M. Poswistilo on behalf of United States Department of Education (Poswistilo, Susan) (Entered: 06/13/2018)
2018-06-139Assented to MOTION for Extension of Time to 7/9/18 to File Answer by United States Department of Education.(Poswistilo, Susan) (Entered: 06/13/2018)
2018-06-1310Judge Indira Talwani: ELECTRONIC ORDER entered granting 9 Motion for Extension of Time to Answer/Respond re 1 Complaint United States Department of Education. Answer/Response due 7/9/2018. (MacDonald, Gail) (Entered: 06/13/2018)
2018-07-0611ANSWER to 1 Complaint by United States Department of Education.(Poswistilo, Susan) (Entered: 07/06/2018)
2018-09-1712NOTICE of Scheduling Conference. Scheduling Conference set for 10/15/2018 02:45 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 09/17/2018)
2018-09-2813JOINT SUBMISSION pursuant to Local Rule 16.1 (Attachments: # 1 DELETED and docketed as a separate entry )(Llewellyn, Patrick)(DaSilva, Carolina). (Entered: 09/28/2018)
2018-09-2814Joint MOTION to Vacate Scheduling Conference by National Consumer Law Center.(Llewellyn, Patrick) (Entered: 09/28/2018)
2018-09-2815CERTIFICATION pursuant to Local Rule 16.1 by National Consumer Law Center. Refiled as a separate entry using the proper event. (DaSilva, Carolina) (Entered: 10/01/2018)
2018-10-0116CERTIFICATION pursuant to Local Rule 16.1 . (Poswistilo, Susan) (Entered: 10/01/2018)
2018-10-0317Judge Indira Talwani: ELECTRONIC ORDER entered granting 14 Joint MOTION to Vacate Scheduling Conference . Scheduling Conference set for 10/15/18 is RESET for 10/24/2018 02:00 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 10/03/2018)
2018-10-1118Judge Indira Talwani: ELECTRONIC ORDER: VACATING the scheduling conference set for October 24, 2018. Counsel shall file a joint status report by October 19, 2018, as set forth in the Joint Motion to Vacate Scheduling Conference 14 . (Status Report due by 10/19/2018) (MacDonald, Gail) (Entered: 10/11/2018)
2018-10-1919STATUS REPORT (Joint) by National Consumer Law Center. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 10/19/2018)
2018-10-2420Judge Indira Talwani: ORDER entered. (MacDonald, Gail) (Entered: 10/25/2018)
2018-12-0721STATUS REPORT (Joint) by National Consumer Law Center. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 12/07/2018)
2018-12-1222Judge Indira Talwani: ORDER entered re: 21 Status Report. The parties shall file a joint status report by February 8, 2019. (DaSilva, Carolina) (Entered: 12/12/2018)
2019-01-1623MOTION to Stay Proceedings Due to Lapse in Appropriations by United States Department of Education.(Poswistilo, Susan) (Entered: 01/16/2019)
2019-01-1724Judge Indira Talwani: ELECTRONIC ORDER entered GRANTING IN PART 20 MOTION to Stay Proceedings Due to Lapse in Appropriations. Discovery is stayed until appropriations have been restored to the Department of Justice or until the stay is otherwise lifted by the court. Within twenty-eight days of the stay being lifted, the parties shall file a joint status report concerning the status of the case and proposing a schedule for further proceedings. (DaSilva, Carolina) (Entered: 01/17/2019)
2019-01-3125Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER LIFTING STAY. Joint Status Report, including a proposed schedule for further proceedings, due by 2/28/2019. (MacDonald, Gail) (Entered: 01/31/2019)
2019-02-2726STATUS REPORT (Joint) by National Consumer Law Center. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 02/27/2019)
2019-03-0127Judge Indira Talwani: ORDER entered re 26 Joint Status Report. Parties shall file a joint status report by March 29, 2019 . See Attached Order . (Haran, Jodi) (Entered: 03/01/2019)
2019-03-2928STATUS REPORT (Joint) by National Consumer Law Center. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 03/29/2019)
2019-04-0229Judge Indira Talwani: ORDER entered re: Summary Judgment briefing. (MacDonald, Gail) (Entered: 04/02/2019)
2019-05-2130MOTION for Summary Judgment by United States Department of Education.(Poswistilo, Susan) (Entered: 05/21/2019)
2019-05-2131MEMORANDUM in Support re 30 MOTION for Summary Judgment filed by United States Department of Education. (Attachments: # 1 Exhibit)(Poswistilo, Susan) (Entered: 05/21/2019)
2019-06-1832Cross MOTION for Summary Judgment by National Consumer Law Center.(Llewellyn, Patrick) (Entered: 06/18/2019)
2019-06-1833MEMORANDUM in Support re 32 Cross MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment filed by National Consumer Law Center. (Llewellyn, Patrick) (Entered: 06/18/2019)
2019-06-1834Statement of Material Facts L.R. 56.1 re 32 Cross MOTION for Summary Judgment and Response to Defendant's Statement of Material Facts filed by National Consumer Law Center. (Llewellyn, Patrick) (Entered: 06/18/2019)
2019-06-1835DECLARATION re 32 Cross MOTION for Summary Judgment of Persis Yu by National Consumer Law Center. (Llewellyn, Patrick) (Entered: 06/18/2019)
2019-07-0836Assented to MOTION for Extension of Time to July 16, 2019 to File Combined Reply to Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by United States Department of Education.(Poswistilo, Susan) (Entered: 07/08/2019)
2019-07-1137Judge Indira Talwani: ELECTRONIC ORDER entered granting 36 Assented to MOTION for Extension of Time to July 16, 2019 to File Combined Reply to Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by United States Department of Education. (MacDonald, Gail) (Entered: 07/11/2019)
2019-07-1138Consent MOTION for Extension of Time to August 2, 2019 to File Response/Reply in Support of Plaintiff's Cross-Motion for Summary Judgment by National Consumer Law Center. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 07/11/2019)
2019-07-1539Judge Indira Talwani: ELECTRONIC ORDER ALLOWING Plaintiff's Consent Motion for Extension of Time to File Reply in Support of Cross-Motion for Summary Judgment 38 . (Kinsella, Devan) (Entered: 07/15/2019)
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