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Case TitleAMERICAN FEDERATION OF TEACHERS et al v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02388
Date Filed2018-10-17
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffAMERICAN FEDERATION OF TEACHERS
PlaintiffGIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE
PlaintiffSOUTHERN POVERTY LAW CENTER
Case DescriptionThe American Federation of Teachers, the Giffords Law Center to Prevent Gun Violence, and the Southern Poverty Law Center submitted FOIA requests to the Department of Education for records concerning communications or meetings between agency officials and the NRA and other gun-advocacy groups. The organizations also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests, granted the fee waiver but denied expedited processing, and provided an interim response containing 15 pages. The organizations submitted a second FOIA request for records concerning inquiries from Oklahoma school officials pertaining to whether or not Title IV-A funds could be used to purchase guns. The organizations also requested a fee waiver and expedited processing. The agency acknowledged the request. The agency also denied the organizations' expedited processing request but did not address the fee waiver request. After hearing nothing further from the agency, the organizations filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF EDUCATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-171COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5742536) filed by AMERICAN FEDERATION OF TEACHERS, SOUTHERN POVERTY LAW CENTER, GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Summons, # 5 Summons, # 6 Summons)(Morse, Josephine) (Entered: 10/17/2018)
2018-10-172LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN FEDERATION OF TEACHERS (Morse, Josephine) (Entered: 10/17/2018)
2018-10-173LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE (Morse, Josephine) (Entered: 10/17/2018)
2018-10-174LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SOUTHERN POVERTY LAW CENTER (Morse, Josephine) (Entered: 10/17/2018)
2018-10-22Case Assigned to Judge Christopher R. Cooper. (zmd) (Entered: 10/22/2018)
2018-10-225SUMMONS (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: 10/22/2018)
2018-11-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/24/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/23/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/29/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 10/23/2018 (Attachments: # 1 Declaration)(Morse, Josephine) Modified on 11/6/2018 (ztd). Modified on 11/7/2018 (ztd). (Entered: 11/02/2018)
2018-11-06DISREGARD THIS NOTICE OF ERROR re 6 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to jmorse@democracyforward.org, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Documents need to be refiled along with the proofs of service. (ztd, ) Modified on 11/7/2018 (ztd). (Entered: 11/06/2018)
2018-11-07Set/Reset Deadlines: Answer due by 11/23/2018, (ztd) (Entered: 11/07/2018)
2018-11-217ANSWER to Complaint by U.S. DEPARTMENT OF EDUCATION.(Peterson, Benton) (Entered: 11/21/2018)
2018-11-21MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ordered that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by December 11, 2018. Signed by Judge Christopher R. Cooper on 11/21/2018. (lccrc2) (Entered: 11/21/2018)
2018-11-21Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/11/2018 (lsj) (Entered: 11/21/2018)
2018-12-118Joint STATUS REPORT by AMERICAN FEDERATION OF TEACHERS, GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE, SOUTHERN POVERTY LAW CENTER. (Morse, Josephine) (Entered: 12/11/2018)
2018-12-12MINUTE ORDER: In light of the parties' 8 joint status report, the parties shall file an updated joint status report on or before December 21, 2018, in which they should advise the Court of the volume of responsive records and a schedule for production. Signed by Judge Christopher R. Cooper on 12/12/2018. (lccrc2) (Entered: 12/12/2018)
2018-12-13Set/Reset Deadlines: Joint Status Report due by 12/21/2018 (lsj) (Entered: 12/13/2018)
2018-12-219Joint STATUS REPORT by AMERICAN FEDERATION OF TEACHERS, GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE, SOUTHERN POVERTY LAW CENTER. (Morse, Josephine) (Entered: 12/21/2018)
2018-12-24MINUTE ORDER: In light of the parties' 9 joint status report, the parties shall file an updated joint status report on or before January 9, 2019, to include the volume of responsive records and a schedule for production. Signed by Judge Christopher R. Cooper on 12/24/2018. (lccrc2) (Entered: 12/24/2018)
2018-12-26Set/Reset Deadlines: Joint Status Report due by 1/9/2019 (lsj) (Entered: 12/26/2018)
2019-01-0710Consent 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: 01/07/2019)
2019-01-08MINUTE ORDER granting 10 Motion to Stay and Motion for Extension of Time. All deadlines in the case shall be stayed pending renewed funding. Filing deadlines shall be extended commensurate with the calendar day duration of the lapse in appropriations. Signed by Judge Christopher R. Cooper on 1/8/2019. (lccrc2) (Entered: 01/08/2019)
2019-02-01MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. The parties shall provide a joint status report on or before February 8, 2019, which shall include a proposed schedule for future proceedings. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)
2019-02-05Set/Reset Deadlines: Joint Status Report due by 2/8/2019 (lsj) (Entered: 02/05/2019)
2019-02-0811Joint STATUS REPORT by AMERICAN FEDERATION OF TEACHERS, GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE, SOUTHERN POVERTY LAW CENTER. (Morse, Josephine) (Entered: 02/08/2019)
2019-02-09MINUTE ORDER: The parties shall file an updated joint status report on or before February 15, 2019. Signed by Judge Christopher R. Cooper on 2/9/2019. (lccrc2) (Entered: 02/09/2019)
2019-02-11Set/Reset Deadlines: Joint Status Report due by 2/15/2019 (lsj) (Entered: 02/11/2019)
2019-02-1512Joint STATUS REPORT by AMERICAN FEDERATION OF TEACHERS, GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE, SOUTHERN POVERTY LAW CENTER. (Morse, Josephine) (Entered: 02/15/2019)
2019-02-22MINUTE ORDER: Upon consideration of the parties' positions in 12 the joint status report, the parties shall file an updated joint status report on or before March 8, 2019, and Defendant shall make the previously agreed-to initial by-hand document production on or before March 8, 2019. Signed by Judge Christopher R. Cooper on 2/22/2019. (lccrc2) (Entered: 02/22/2019)
2019-02-25Set/Reset Deadlines: Joint Status Report due by 3/8/2019 (lsj) (Entered: 02/25/2019)
2019-03-0113NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 03/01/2019)
2019-03-0814Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Hammond, Derek) (Entered: 03/08/2019)
2019-03-11MINUTE ORDER: In light of 14 the parties' joint status report, the parties shall file an updated joint status report on or before May 10, 2019. Signed by Judge Christopher R. Cooper on 3/11/2019. (lccrc2) (Entered: 03/11/2019)
2019-03-11Set/Reset Deadlines: Joint Status Report due by 5/10/2019 (lsj) (Entered: 03/11/2019)
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by FOIA Project Staff
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