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Case TitleNATIONAL STUDENT LEGAL DEFENSE NETWORK v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01464
Date Filed2018-06-21
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffNATIONAL STUDENT LEGAL DEFENSE NETWORK
Case DescriptionThe National Student Legal Defense Network submitted two FOIA requests to the Department of Education for records concerning the federal preemption of state regulations on student loan servicers. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, NSLDN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. 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

2018-06-211COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5546290) filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McGrath, Daniel) (Entered: 06/21/2018)
2018-06-21Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 06/22/2018)
2018-06-222LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 06/22/2018)
2018-06-223MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robyn K. Bitner, :Firm- National Student Legal Defense Network, :Address- 1015 15th Street NW, Suite 600, Washington, DC 20005. Phone No. - 202-734-7495. Filing fee $ 100, receipt number 0090-5550620. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(McGrath, Daniel) (Entered: 06/22/2018)
2018-06-254SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 06/25/2018)
2018-06-25MINUTE ORDER granting the 3 Motion for Leave to Appear Pro Hac Vice of Attorney Robyn K. Bitner. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 6/25/2018. (lctnm2) (Entered: 06/25/2018)
2018-06-255STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 6/25/2018. (lctnm2) (Entered: 06/25/2018)
2018-07-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/25/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/25/2018. (Attachments: # 1 Exhibit)(McGrath, Daniel) (Entered: 07/18/2018)
2018-07-189RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/09/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 7/2/2018. (See Docket Entry 6 to view document) (jf) (Entered: 07/25/2018)
2018-07-237NOTICE of Appearance by Wyneva Johnson on behalf of All Defendants (Johnson, Wyneva) (Entered: 07/23/2018)
2018-07-248ANSWER to Complaint by U.S. DEPARTMENT OF EDUCATION.(Johnson, Wyneva) (Entered: 07/24/2018)
2018-07-25MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before August 16, 2018. Signed by Judge Trevor N. McFadden on 7/25/2018. (lctnm2) (Entered: 07/25/2018)
2018-07-25Set/Reset Deadlines: Joint Status Report due by 8/16/2018. (hmc) (Entered: 07/25/2018)
2018-08-1610Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 08/16/2018)
2018-08-16MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter, on or before September 18, 2018. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. Signed by Judge Trevor N. McFadden on 8/16/2018. (lctnm2) (Entered: 08/16/2018)
2018-08-17Set/Reset Deadlines: Joint Status Report due by 9/18/2018. (hmc) (Entered: 08/17/2018)
2018-09-1811Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 09/18/2018)
2018-09-19MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before October 25, 2018. The report should propose a schedule for proceeding in this matter, and discuss the Joint Status Report topics mentioned in prior Minute Orders. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/19/2018. (lctnm2) (Entered: 09/19/2018)
2018-09-19Set/Reset Deadlines: Joint Status Report due by 10/25/2018. (hmc) (Entered: 09/19/2018)
2018-10-2512Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 10/25/2018)
2018-10-29MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is hereby ordered that the parties shall file another Joint Status Report on or before October 31, 2018, informing the Court of the status of Defendant's search results as well as the status of the parties' negotiations in light of those results. Signed by Judge Trevor N. McFadden on 10/29/2018. (lctnm2) (Entered: 10/29/2018)
2018-10-29Set/Reset Deadlines: Joint Status Report due by 10/31/2018. (hmc) (Entered: 10/29/2018)
2018-10-3113Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 10/31/2018)
2018-11-01MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before November 30, 2018, informing the Court of the parties' agreed-upon production schedule. If by November 30, 2018, the parties have not reached an agreement regarding a production schedule, the report should inform the Court of each party's proposed schedule. Signed by Judge Trevor N. McFadden on 11/1/2018. (lctnm2, ) (Entered: 11/01/2018)
2018-11-02Set/Reset Deadlines: Joint Status Report due by 11/30/2018. (hmc) (Entered: 11/02/2018)
2018-11-3014Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/30/2018)
2018-11-3015NOTICE of Proposed Order Plaintiff's Proposed Order by NATIONAL STUDENT LEGAL DEFENSE NETWORK re 14 Status Report (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order)(McGrath, Daniel) (Entered: 11/30/2018)
2018-12-04MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ordered that they shall appear for a status hearing on December 19, 2018, at 10 am in Courtroom 2 before Judge Trevor McFadden. Signed by Judge Trevor N. McFadden on 12/4/2018. (lctnm2) (Entered: 12/04/2018)
2018-12-04Set/Reset Hearings: Status Conference set for 12/19/2018 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 12/04/2018)
2018-12-1416MOTION to Continue December 19, 2018 Status Conference to a Later Date, by U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) Modified event title on 12/19/2018 (znmw). (Entered: 12/14/2018)
2018-12-1417RESPONSE re 16 MOTION for Extension of Time to Continue December 19, 2018 Status Conference to a Later Date, filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 12/14/2018)
2018-12-1718ORDER denying 16 Motion for Extension of Time. The parties are hereby ordered to comply with the production schedule detailed in the attached order. The status conference scheduled for December 19, 2018, is hereby vacated, and Defendant's 16 Motion for Extension of Time is denied as moot. Signed by Judge Trevor N. McFadden on 12/17/2018. (lctnm2) (Entered: 12/17/2018)
2018-12-17Set/Reset Deadlines: Defendant's production of 500 pages of records is due by 1/4/2019. Defendant's production of 1,000 pages of records is due by 2/4/2019. Joint Status Report due by 1/7/2019. (hmc) (Entered: 12/17/2018)
2019-01-0219Unopposed MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/02/2019)
2019-01-04MINUTE ORDER granting 19 Motion to Stay. Upon considering the Defendant's 19 Motion to Stay, it is hereby ordered that litigation activities in this matter shall be stayed until Congress has restored appropriations to the Department of Justice. Because the Department of Education is unaffected by the ongoing lapse in appropriations, the Department shall continue to meet its production obligations set forth in the Court's December 17, 2018 Order. It is further ordered that the Defendant will notify the Court immediately upon resumption of appropriations to the Department of Justice. Signed by Judge Trevor N. McFadden on 1/4/2019. (lctnm2) (Entered: 01/04/2019)
2019-01-2920NOTICE of Restored Government Funding by U.S. DEPARTMENT OF EDUCATION (Johnson, Wyneva) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER. Upon considering the Defendant's 20 Notice of Restored Government Funding, it is hereby ordered that the stay in this case is lifted. The production schedule imposed in the Court's December 17, 2018, 18 Order remains in effect. It is further ordered that the parties shall meet and confer, and submit a Joint Status Report on or before March 7, 2019. Signed by Judge Trevor N. McFadden on 01/30/2019. (lctnm2) (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines: Joint Status Report due by 3/7/2019. (hmc) (Entered: 01/30/2019)
2019-03-0721Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 03/07/2019)
2019-03-11MINUTE ORDER. Upon considering the parties' 21 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before May 9, 2019. The Joint Status Report should update the Court on the status of the processing of the Plaintiff's request and propose how the parties wish to proceed in this matter. Signed by Judge Trevor N. McFadden on 03/11/2019. (lctnm2) (Entered: 03/11/2019)
2019-03-11Set/Reset Deadlines: Joint Status Report due by 5/9/2019. (hmc) (Entered: 03/11/2019)
2019-05-0722Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 05/07/2019)
2019-05-07MINUTE ORDER. Upon considering the parties' 22 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before June 7, 2019. The Joint Status Report should address the status of the parties' discussions about the Plaintiff's concerns regarding the Defendant's use of FOIA Exemption 5 and inform the Court how the parties would like to proceed. Signed by Judge Trevor N. McFadden on 05/07/2019. (lctnm2) (Entered: 05/07/2019)
2019-05-08Set/Reset Deadlines: Joint Status Report due by 6/7/2019. (hmc) (Entered: 05/08/2019)
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