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Case TitleNAACP Legal Defense & Educational Fund, Inc. v. U.S. Department of Education
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv04433
Date Filed2018-05-18
Date ClosedOpen
JudgeJudge Vernon S. Broderick
PlaintiffNAACP Legal Defense & Educational Fund, Inc.
Case DescriptionThe NAACP Legal Defense & Educational Fund submitted FOIA requests to the Department of Education's Office for Civil Right for records concerning its policies. The agency acknowledged receipt of the request. The NAACP had a number of discussions with the agency concerning the parameters of the search. The agency indicated that its preliminary search had located more than 10,000 potentially responsive emails. After hearing nothing further pertaining to the status of its requests, the NAACP Legal Defense & Educational Fund filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Education
Documents
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-181COMPLAINT against U.S. Department of Education. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Attachments: # 1 Exhibit A - Quereshi Decl., # 2 Exhibit B - OCR Request, # 3 Exhibit C - July 18 2017 Email, # 4 Exhibit D - July 20 2017 Email, # 5 Exhibit E - July 31 2017 Email, # 6 Exhibit F - July 26 2017 Email, # 7 Exhibit G - July 31 2017 Email, # 8 Exhibit H - July 31 2017 Email, # 9 Exhibit I - Aug. 3 2017 Email, # 10 Exhibit J - Aug. 4 2017 Email, # 11 Exhibit K - Aug. 4 2017 Email, # 12 Exhibit L - Aug. 9 2017 Email, # 13 Exhibit M - Aug. 9 2017 Email, # 14 Exhibit N - Aug. 10 2017 Email, # 15 Exhibit O - Sept. 20 2017 Email, # 16 Exhibit P - Oct. 10 2017 Email, # 17 Exhibit Q - Nov. 14 2017 Email, # 18 Exhibit R - Nov. 21 2017 Email, # 19 Exhibit S - Dec. 12 2017 Email, # 20 Exhibit T - Dec. 13 2017 Email, # 21 Exhibit U - Jan. 8 2018 Email, # 22 Exhibit V - DOE Fee Waiver Letter, # 23 Exhibit W - Jan. 18 2018 Email, # 24 Exhibit X - Jan. 23 2018 Email)(Lee, Jin Hee) (Entered: 05/18/2018)
2018-05-182CIVIL COVER SHEET filed. (Lee, Jin Hee) (Entered: 05/18/2018)
2018-05-183REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Education, re: 1 Complaint,,,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Lee, Jin Hee) (Entered: 05/18/2018)
2018-05-184NOTICE OF APPEARANCE by Jin Hee Lee on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Lee, Jin Hee) (Entered: 05/18/2018)
2018-05-185RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Lee, Jin Hee) (Entered: 05/18/2018)
2018-05-186NOTICE OF APPEARANCE by Samuel Spital on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 05/18/2018)
2018-05-21Civil Case Opening Fee Paid electronically via Pay.gov: for 1 Complaint. Filing fee $ 400.00. Pay.gov receipt number 0208-15086970, paid on 05/18/2018. (pne) (Entered: 05/21/2018)
2018-05-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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: 05/21/2018)
2018-05-21Magistrate 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: 05/21/2018)
2018-05-21Case Designated ECF. (pne) (Entered: 05/21/2018)
2018-05-217ELECTRONIC SUMMONS ISSUED as to U.S. Department of Education. (pne) (Entered: 05/21/2018)
2018-05-228MOTION for Ajmel Quereshi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15099164. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Attachments: # 1 Affidavit of Ajmel Quereshi, # 2 Cert of Good Standing - DC Ct. App, # 3 Cert of Good Standing - Md. Ct. App., # 4 Cert of Good Standing - NY Ct. App., # 5 Text of Proposed Order)(Quereshi, Ajmel) (Entered: 05/22/2018)
2018-05-22>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Ajmel Quereshi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15099164. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 05/22/2018)
2018-05-299MOTION for Ajmel Quereshi to Appear Pro Hac Vice CORRECTED . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Attachments: # 1 Affidavit of Ajmel Quereshi, # 2 Cert of Good Standing - DC Ct. App, # 3 Cert of Good Standing - Md. Ct. App., # 4 Cert of Good Standing - NY Ct. App., # 5 Text of Proposed Order)(Quereshi, Ajmel) (Entered: 05/29/2018)
2018-05-29>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Ajmel Quereshi to Appear Pro Hac Vice CORRECTED . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 05/29/2018)
2018-05-2910ORDER granting 9 Motion for Ajmel Quereshi to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 05/29/2018)
2018-06-0711SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. U.S. Department of Education served on 5/21/2018, answer due 6/20/2018. Service was accepted by Haojun Li, Clerk, U.S. Attorney for Southern District of New York. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Lee, Jin Hee) (Entered: 06/07/2018)
2018-06-0712SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. U.S. Department of Education served on 5/23/2018, answer due 6/22/2018. Service was accepted by Desire Brown Authorized Agent for U.S. Department of Justice. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Lee, Jin Hee) (Entered: 06/07/2018)
2018-06-0713SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. Service was accepted by June Canada, Authorized Agent, U.S. Department of Education. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Lee, Jin Hee) (Entered: 06/07/2018)
2018-06-1514NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of U.S. Department of Education. (Tinio, Rebecca) (Entered: 06/15/2018)
2018-06-1815LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated June 18, 2018. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 06/18/2018)
2018-06-1916ORDER granting 15 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/19/2018) (rro) (Entered: 06/19/2018)
2018-06-19Set/Reset Deadlines: U.S. Department of Education answer due 7/23/2018. (rro) (Entered: 06/19/2018)
2018-07-2017LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated July 20, 2018. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-2418ORDER granting 17 Letter Motion for Extension of Time to Answer re 1 Complaint. APPLICATION GRANTED. SO ORDERED. (U.S. Department of Education answer due 7/25/2018) (Signed by Judge Vernon S. Broderick on 7/24/2018) (rro) (Entered: 07/24/2018)
2018-07-2519ANSWER to 1 Complaint,,,,. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 07/25/2018)
2018-09-1820ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 10/19/2018 at 10:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick; and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 9/18/2018) (rro) (Entered: 09/18/2018)
2018-10-1221LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated October 12, 2018 re: Joint Case Summary, Request to Endorse Deadlines,and Request to Adjourn Initial Conference to a Set Date. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 10/12/2018)
2018-10-1822MEMO ENDORSEMENT on re: 21 Letter, filed by U.S. Department of Education ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. The parties' proposed deadlines in their letter, (Doc. 21, at 2), are so ordered. The initial pre-trial conference scheduled for October 19, 2018 is adjourned until February 28, 2019 at 10:30 a.m. (Initial Conference set for 2/28/2019 at 10:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 10/18/2018) (rro) Modified on 10/19/2018 (rro). (Entered: 10/18/2018)
2018-12-0723NOTICE OF APPEARANCE by Aaron Ross Sussman on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Sussman, Aaron) (Entered: 12/07/2018)
2018-12-2724STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ks) (Entered: 01/02/2019)
2018-12-27Case Stayed (rro) (Entered: 01/14/2019)
2019-02-1525LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated February 15, 2019 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 02/15/2019)
2019-02-1526MEMO ENDORSEMENT on re: 25 Letter filed by U.S. Department of Education. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. The initial pretrial conference scheduled for February 28, 2019, is adjourned until May 17, 2019, at 11:00 A.M. (Initial Conference set for 5/17/2019 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 2/15/2019) (rro) (Entered: 02/15/2019)
2019-05-1527LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated May 15, 2019 re: Status Report and Request for Leave to File Further Status Report. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 05/15/2019)
2019-05-1528MEMO ENDORSEMENT on re: 27 Letter filed by U.S. Department of Education. ENDORSEMENT: Application Granted. The initial pretrial conference scheduled for May 17, 2019 is adjourned until Friday, October 18, 2019, at 10:30 a.m. So Ordered. (Initial Conference set for 10/18/2019 at 10:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 5/15/2019) (js) Modified on 9/6/2019 (js). (Entered: 05/16/2019)
2019-10-0229LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated October 2, 2019 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 10/02/2019)
2019-10-0430MEMO ENDORSEMENT on re: 29 Letter filed by U.S. Department of Education. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. The initial pretrial conference scheduled for October 18, 2019 is adjourned until Friday, December 13, 2019, at 10:30 a.m. (Initial Conference set for 12/13/2019 at 10:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 10/4/2019) (rro) (Entered: 10/04/2019)
2019-11-1231LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated November 12, 2019 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 11/12/2019)
2019-11-1332MEMO ENDORSEMENT on re: 31 Letter filed by U.S. Department of Education. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 11/13/2019) (mro) (Entered: 11/13/2019)
2019-12-1133LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated December 11, 2019 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 12/11/2019)
2019-12-1134MEMO ENDORSEMENT on re: 33 Letter filed by U.S. Department of Education. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. The status conference scheduled for December 13, 2019, is adjourned to Thursday January 16, 2020, at 10:00 a.m. (Status Conference set for 1/16/2020 at 10:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/11/2019) (rro) (Entered: 12/12/2019)
2020-01-1035LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated January 10, 2020 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education.(Tinio, Rebecca) (Entered: 01/10/2020)
2020-01-1336MEMO ENDORSEMENT on re: 35 Letter filed by U.S. Department of Education. ENDORSEMENT: The conference scheduled for January 16, 2020, is adjourned to February 13, 2020, at 10:00 a.m. The parties are directed to upload a further status letter on or before February 10, 2020. (Status Conference set for 2/13/2020 at 10:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 1/13/2020) (jwh) (Entered: 01/13/2020)
2020-02-1037LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated February 10, 2020 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education..(Tinio, Rebecca) (Entered: 02/10/2020)
2020-02-1238MEMO ENDORSEMENT on re: 37 Letter filed by U.S. Department of Education. ENDORSEMENT: The conference scheduled for February 13, 2020, is adjourned to March 12, 2020, at 10:00 a.m. The parties are directed to upload a further status letter on or before March 10, 2020. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/12/2020) ( Status Conference set for 3/12/2020 at 10:00 AM before Judge Vernon S. Broderick.) (ks) (Entered: 02/12/2020)
2020-03-1039LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated March 10, 2020 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education..(Tinio, Rebecca) (Entered: 03/10/2020)
2020-03-11Set/Reset Hearings: The Status Conference scheduled for 3/12/2020 at 10:00 AM is converted to a Telephone Conference before Judge Vernon S. Broderick. Counsel shall submit a dial-in number and meeting code for the conference by e-mail to my chambers at BroderickNYSDChambers@nysd.uscourts.gov by the close of business. (msa) (Entered: 03/11/2020)
2020-03-1140MEMO ENDORSEMENT on re: 39 Letter filed by U.S. Department of Education. ENDORSEMENT: The telephone conference scheduled for March 12, 2020, is adjourned to May 1, 2020, at 11:00 a.m. Counsel shall submit a dial-in number and meeting code for the conference by e-mail to my chambers at BroderickNYSDChambers@nysd.uscourts.gov by April 30, 2020. The parties are directed to upload a further status letter on or before April 30, 2020. ( Telephone Conference set for 5/1/2020 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 3/11/2020) (mro) (Entered: 03/11/2020)
2020-04-3041LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated April 30, 2020 re: Joint Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education..(Tinio, Rebecca) (Entered: 04/30/2020)
2020-05-0142MEMO ENDORSEMENT on re: 41 Letter filed by U.S. Department of Education. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. The parties are to submit a joint status report on or before May 29, 2020. The conference scheduled for May 1, 2020, is adjourned sin die. (Signed by Judge Vernon S. Broderick on 5/1/2020) (rro) (Entered: 05/01/2020)
2020-05-2943LETTER addressed to Judge Vernon S. Broderick from Rebecca S. Tinio dated May 29, 2020 re: Joint Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department of Education..(Tinio, Rebecca) (Entered: 05/29/2020)
2020-06-0144MEMO ENDORSEMENT on re: 43 Letter filed by U.S. Department of Education. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 6/1/2020) (mro) (Entered: 06/02/2020)
2020-06-1245PROPOSED STIPULATION AND ORDER. Document filed by U.S. Department of Education..(Tinio, Rebecca) (Entered: 06/12/2020)
2020-06-1646STIPULATION AND ORDER: NOW, THEREFORE, the parties hereby stipulate and agree as follows: As soon as reasonably practicable after the Court has approved and docketed this Stipulation and Order ("Stipulation"), the Government shall pay to LDF the sum of twenty thousand nine hundred ninety-seven dollars and seventy-five cents ($20,997.75) for attorney's fees and litigation costs. This payment shall constitute full and final satisfaction of any and all claims by LDF for attorney's fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for LDF will provide the necessary information for the Government to effectuate the transfer. As further set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/16/2020) (ks) Transmission to Finance Unit (Cashiers) for processing. Modified on 6/17/2020 (ks). (Entered: 06/17/2020)
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