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Case TitleDEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01596
Date Filed2018-07-05
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to the Department of Education for records concerning Diane Jones and Robert Eitel, senior advisors at the agency who had previously worked in the for-profit educational industry. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
Complaint issues: Litigation - Attorney's fees, Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

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

2018-07-051COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5571627) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Lewis, John) (Entered: 07/05/2018)
2018-07-052Corporate Disclosure Statement by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 07/05/2018)
2018-07-06Case Assigned to Judge Amit P. Mehta. (zjd) (Entered: 07/06/2018)
2018-07-063SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 07/06/2018)
2018-07-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/11/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 8/10/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/11/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 7/10/2018 (Attachments: # 1 Declaration)(Lewis, John) (Entered: 07/13/2018)
2018-07-305NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 07/30/2018)
2018-08-106ANSWER to Complaint by U.S. DEPARTMENT OF EDUCATION.(Sroka, Scott) (Entered: 08/10/2018)
2018-08-14MINUTE ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before September 4, 2018. The Joint Status Report shall include (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 08/14/2018. (lcapm3) (Entered: 08/14/2018)
2018-08-14Set/Reset Deadlines: Joint Status Report due by 9/4/2018. (zjd) (Entered: 08/15/2018)
2018-09-047Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Sroka, Scott) (Entered: 09/04/2018)
2018-09-06MINUTE ORDER. No later than October 4, 2018, the parties shall file a joint status report that updates the court on the status of search and production in this matter. Signed by Judge Amit P. Mehta on 09/06/2018. (lcapm3) (Entered: 09/06/2018)
2018-09-06Set/Reset Deadlines: Joint Status Report due by 10/4/2018. (zjd) (Entered: 09/07/2018)
2018-10-048Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 10/04/2018)
2018-10-05MINUTE ORDER. No later than November 5, 2018, the parties shall file a Joint Status Report that updates the court on Defendant's search and production efforts in this matter. Signed by Judge Amit P. Mehta on 10/05/2018. (lcapm3) (Entered: 10/05/2018)
2018-10-05Set/Reset Deadlines: Joint Status Report due by 11/5/2018. (zjd) (Entered: 10/09/2018)
2018-11-059Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 11/05/2018)
2018-11-07MINUTE ORDER. Having considered the parties' respective positions with regard to processing of records, the court orders Defendants to process potentially responsive records at a rate of 500 emails per month, with the first production of records to be made no later than December 14, 2018, and additional productions made every 30 days thereafter. At that pace, Defendant should complete processing records in approximately six months. The parties shall submit an additional Joint Status Report no later than January 18, 2019. Signed by Judge Amit P. Mehta on 11/07/2018. (lcapm3) (Entered: 11/07/2018)
2018-11-07ENTERED IN ERROR.....Set/Reset Deadlines: Joint Status Report due by 12/14/2018. (zjd) Modified on 11/7/2018: The following entry includes the correct deadline date of 1/18/2019 (zjd). (Entered: 11/07/2018)
2018-11-07Set/Reset Deadlines: Joint Status Report due by 1/18/2019. (zjd) (Entered: 11/07/2018)
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