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Case TitlePUBLIC CITIZEN, INC. v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01047
Date Filed2018-05-03
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffPUBLIC CITIZEN, INC.
Case DescriptionPublic Citizen submitted a FOIA request to the Department of Education for records concerning an October 2017 event at which agency officials met with representatives of regulated industries to discuss the agency regulatory agenda and its plans for deregulation. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request. The agency told Public Citizen that its Office of Planning, Evaluation & Policy Development had no records. After hearing nothing further from the agency, Public Citizen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF EDUCATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-031COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5459439) filed by PUBLIC CITIZEN, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Pulver, Adam) (Attachment 1 replaced on 5/14/2018) (zmd). (Entered: 05/03/2018)
2018-05-032NOTICE of Appearance by Patrick D. Llewellyn on behalf of PUBLIC CITIZEN, INC. (Llewellyn, Patrick) (Entered: 05/03/2018)
2018-05-033Corporate Disclosure Statement by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 05/03/2018)
2018-05-03Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 05/04/2018)
2018-05-044SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (tth) (Additional attachment(s) added on 5/4/2018: # 1 Notice and Consent) (zmd). (Entered: 05/04/2018)
2018-05-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/7/2018. Answer due for ALL FEDERAL DEFENDANTS by 6/6/2018. (Llewellyn, Patrick) (Entered: 05/07/2018)
2018-05-076ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 05/07/2018. (DM) (Entered: 05/07/2018)
2018-06-067NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Cohen, Jason) (Entered: 06/06/2018)
2018-06-068ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Cohen, Jason) (Entered: 06/06/2018)
2018-06-079ORDER. The parties shall MEET AND CONFER and file a Joint Status Report by no later than JUNE 27, 2018. Signed by Judge Colleen Kollar-Kotelly on 6/7/2018. (lcckk3) (Entered: 06/07/2018)
2018-06-07Set/Reset Deadlines: Joint Status Report due by 6/27/2018. (dot) (Entered: 06/08/2018)
2018-06-2710Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 06/27/2018)
2018-06-28MINUTE ORDER. The Court is in receipt of the parties' 10 Joint Status Report. The parties represent that Defendant has completed some searches for records responsive to Plaintiff's FOIA request and is in the process of completing others and reviewing the records located. Defendant represents that it will provide responsive records from at least one of its offices, the Office of Communication and Outreach ("OCO") by July 6, 2018. The parties suggest that they file another Joint Status Report by July 18, 2018. Plaintiff additionally requests that the Court order Defendants to produce the responsive records identified by the OCO by July 6, 2018 and to set other deadlines for meeting and conferring and for providing Plaintiff information. The Court will not order Defendant to adhere to any particular deadlines at this very early stage in the case. The Court expects Defendant to be diligently processing Plaintiff's FOIA request. Defendant represents that it will produce certain records by July 6, 2018, and the Court expects Defendant to do so and also to produce any responsive records it finds on a rolling basis as possible. The Court of course also expects the parties to continue to meet and confer. The parties are ORDERED to file a further Joint Status Report by no later than JULY 18, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 6/28/2018. (lcckk3) (Entered: 06/28/2018)
2018-06-28Set/Reset Deadlines: Joint Status Report due by 7/18/2018. (kt) (Entered: 06/28/2018)
2018-07-1811Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 07/18/2018)
2018-07-19MINUTE ORDER. The Court is in receipt of the parties' 11 Joint Status Report. The parties represent that Defendant has already produced some records to Plaintiff, and anticipates producing all responsive records by August 6, 2018. The parties accordingly propose filing another Joint Status Report by no later than August 13, 2018. The parties are ORDERED to file a further Joint Status Report by no later than AUGUST 13, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 7/19/2018. (lcckk3) (Entered: 07/19/2018)
2018-07-20Set/Reset Deadlines: Joint Status Report due by 8/13/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. (dot) (Entered: 07/20/2018)
2018-08-1312Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 08/13/2018)
2018-08-13MINUTE ORDER. The Court is in receipt of the parties' 12 Joint Status Report. The parties represent that Defendant has now finished producing responsive records to Plaintiff, and that those records contain redactions. The parties are in the process of discussing the redactions in an attempt to resolve this matter without need for further litigation. The parties accordingly propose filing another Joint Status Report by no later than September 13, 2018. The parties are ORDERED to file a further Joint Status Report by no later than SEPTEMBER 13, 2018, updating the Court on the status of their discussions and the need for further litigation. Signed by Judge Colleen Kollar-Kotelly on 8/13/2018. (lcckk3) (Entered: 08/13/2018)
2018-08-13Set/Reset Deadlines: Joint Status Report due by 9/13/2018, updating the Court on the status of their discussions and the need for further litigation. (dot) (Entered: 08/13/2018)
2018-09-1313Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 09/13/2018)
2018-09-14MINUTE ORDER. The Court is in receipt of the parties' 13 Joint Status Report. The parties represent that Defendant has completed its production of responsive records, with redactions. The Plaintiff has identified approximately forty redactions as to which it seeks further information. Defendant will provide a response to this request by September 19, 2018. The Court ORDERS the parties to file a Joint Status Report by OCTOBER 3, 2018, updating the Court on the progress that Defendant has made on responding to Plaintiff's FOIA request. The parties note that if any outstanding issues are remaining, the parties' Joint Status Report will propose a schedule for cross-motions for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 09-14-2018. (lcckk3) (Entered: 09/14/2018)
2018-09-14Set/Reset Deadlines: Joint Status Report due by 10/3/2018, updating the Court on the progress that Defendant has made on responding to Plaintiff's FOIA request. (dot) (Entered: 09/19/2018)
2018-10-0114Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 10/01/2018)
2018-10-01MINUTE ORDER. The Court is in receipt of the parties' 14 Joint Status Report. The parties represent that Defendant has completed its production of responsive records, with redactions. Plaintiff has identified twelve remaining issues pertaining to redactions in the documents provided by Defendant. Defendant will provide a response to these issues by October 19, 2018. The Court ORDERS the parties to file a Joint Status Report by OCTOBER 26, 2018, updating the Court on the progress that Defendant has made on responding to Plaintiff's FOIA requests. The parties note that if any outstanding issues are remaining, the parties' Joint Status Report will propose a schedule for cross-motions for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 10-1-2018. (lcckk3) (Entered: 10/01/2018)
2018-10-01Set/Reset Deadlines: Defendant's Response due by 10/19/2018. Status Report due by 10/26/2018, updating the Court on the progress that Defendant has made on responding to Plaintiff's FOIA requests. (dot) (Entered: 10/02/2018)
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