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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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Complaint
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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)
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by FOIA Project Staff
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