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Case TitleThe Century Foundation v. United States Department of Education
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv03581
Date Filed2018-04-23
Date ClosedOpen
JudgeJudge Naomi Reice Buchwald
PlaintiffThe Century Foundation
Case DescriptionThe Century Foundation submitted a FOIA request to the Department of Education for records concerning a staff analysis provided to the Accrediting Council for Independent Colleges and Schools, a non-governmental entity. 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, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

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
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-231COMPLAINT against United States Department of Education. (Filing Fee $ 400.00, Receipt Number 0208-14976211)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, # 8 Exhibit H)(Elson, Alexander) (Entered: 04/23/2018)
2018-04-232CIVIL COVER SHEET filed. (Elson, Alexander) (Entered: 04/23/2018)
2018-04-233RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Century Foundation.(Elson, Alexander) (Entered: 04/23/2018)
2018-04-234FILING 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 4/24/2018 (jgo). (Entered: 04/23/2018)
2018-04-24***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(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 04/24/2018)
2018-04-24CASE 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 . (jgo) (Entered: 04/24/2018)
2018-04-24Magistrate Judge Stewart D. Aaron 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 . (jgo) (Entered: 04/24/2018)
2018-04-24Case Designated ECF. (jgo) (Entered: 04/24/2018)
2018-04-24***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(s): second party name must include 'care of (c/o)';. 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. (jgo) (Entered: 04/24/2018)
2018-04-245REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) (Entered: 04/24/2018)
2018-04-256ELECTRONIC SUMMONS ISSUED as to United States Department of Education. (sj) (Entered: 04/25/2018)
2018-04-267MOTION for Allyson Beth Baker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14994538. 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)(Baker, Allyson) (Entered: 04/26/2018)
2018-04-26>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Allyson Beth Baker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14994538. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 04/26/2018)
2018-04-268ORDER FOR ADMISSION PRO HAC VICE granting 7 Motion for Allyson Beth Baker to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 4/26/2018) (mro) Modified on 4/27/2018 (mro). (Entered: 04/27/2018)
2018-04-279LETTER addressed to Judge Naomi Reice Buchwald from Allyson B. Baker, Esq. dated April 27, 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, # 2 Declaration of Michelle Edwards)(Baker, Allyson) (Entered: 04/27/2018)
2018-04-3010LETTER addressed to Judge Naomi Reice Buchwald from Alexander Elson dated April 30, 2018 re: Rule 2B Pre-Motion Conference Request. Document filed by The Century Foundation. (Attachments: # 1 Exhibit A (ED Final Response to FOIA Request))(Elson, Alexander) (Entered: 04/30/2018)
2018-05-0211LETTER addressed to Judge Naomi Reice Buchwald from Alexander S. Elson dated May 2, 2018 re: Response to ACICS Letter [Dkt.9]. Document filed by The Century Foundation.(Elson, Alexander) (Entered: 05/02/2018)
2018-05-0212NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of United States Department of Education. (Lee, Casey) (Entered: 05/02/2018)
2018-05-0313AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. United States Department of Education served on 5/3/2018, answer due 6/4/2018. Service was made by Mail. Document filed by The Century Foundation. (Attachments: # 1 Exhibit A)(Elson, Alexander) (Entered: 05/03/2018)
2018-05-0414MOTION for Sameer Parvez Sheikh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15031694. 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)(Sheikh, Sameer) (Entered: 05/04/2018)
2018-05-07>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Sameer Parvez Sheikh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15031694. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 05/07/2018)
2018-05-0715ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for Sameer P. Sheikh to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 5/7/2018) (rjm) (Entered: 05/08/2018)
2018-05-0816NOTICE OF APPEARANCE by Sameer Parvez Sheikh on behalf of Accrediting Council for Independent Colleges and Schools. (Sheikh, Sameer) (Entered: 05/08/2018)
2018-05-1817LETTER addressed to Judge Naomi Reice Buchwald from Casey K. Lee dated May 18, 2018 re: U.S. Department of Education's Response to Plaintiff's March 21, 2018, FOIA Request. Document filed by United States Department of Education.(Lee, Casey) (Entered: 05/18/2018)
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by FOIA Project Staff