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Case TitleNational Consumer Law Center v. Department of Education
DistrictDistrict of Massachusetts
Case Number1:2018cv12399
Date Filed2018-11-16
Date ClosedOpen
JudgeJudge F. Dennis Saylor, IV
PlaintiffNational Consumer Law Center
Case DescriptionThe National Consumer Law Center submitted a FOIA request to the Department of Education for records concerning the department's association with Maximus Federal Services or any other party operating under the name Default Resolution Group. NCLC also requested a fee waiver. The agency acknowledged receipt of the request and denied NCLC's fee waiver request. After hearing nothing further from the agency, NCLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Education
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-161COMPLAINT against Department of Education Filing fee: $ 400, receipt number 0101-7415271 (Fee Status: Filing Fee paid), filed by National Consumer Law Center. (Attachments: # 1 Exhibit Declaration of Ana Girn Vives with attachments, # 2 Civil Cover Sheet)(Yu, Persis) (Attachment 2 replaced on 11/16/2018 due to fillable format) (DaSilva, Carolina). (Entered: 11/16/2018)
2018-11-162ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (DaSilva, Carolina) (Entered: 11/16/2018)
2018-11-163Category Sheet by National Consumer Law Center. (Yu, Persis) (Main Document 3 replaced on 11/19/2018 to flatten PDF) (DaSilva, Carolina). (Entered: 11/16/2018)
2018-11-194ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary) (Entered: 11/19/2018)
2018-11-195Summons Issued as to Department of Education. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina) (Entered: 11/19/2018)
2019-01-046AMENDED COMPLAINT against Department of Education, filed by National Consumer Law Center. (Attachments: # 1 Exhibit Giron Vives Amended Declaration)(Yu, Persis) (Entered: 01/04/2019)
2019-02-067AFFIDAVIT OF SERVICE Executed by National Consumer Law Center. Department of Education served on 1/18/2019, answer due 2/8/2019. Acknowledgement filed by National Consumer Law Center. (Yu, Persis) (Entered: 02/06/2019)
2019-02-068First MOTION to Stay of Administrative Appeal Deadline by National Consumer Law Center. (Attachments: # 1 Text of Proposed Order Proposed Order)(Yu, Persis) (Entered: 02/06/2019)
2019-02-079NOTICE of Appearance by Stuart T. Rossman on behalf of National Consumer Law Center (Rossman, Stuart) (Entered: 02/07/2019)
2019-03-0510Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered. Plaintiff's 8 Motion for Stay of Administrative Appeal Deadline is GRANTED. The Plaintiff shall have until seven days after Defendant answers or otherwise responds to Plaintiff's First Amended Complaint to file any administrative appeal in the underlying FOIA request. (Pezzarossi, Lisa) (Entered: 03/05/2019)
2019-03-2211First MOTION for Leave to Appear Pro Hac Vice for admission of Joanna K. Darcus Filing fee: $ 100, receipt number 0101-7597858 by National Consumer Law Center. (Attachments: # 1 Affidavit Joanna Darcus Declaration)(Yu, Persis) (Entered: 03/22/2019)
2019-03-2512Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice Added Joanna K. Darcus. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Halley, Taylor) (Entered: 03/25/2019)
2019-04-1613ANSWER to 6 Amended Complaint by Department of Education.(Poswistilo, Susan) (Entered: 04/16/2019)
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by FOIA Project Staff
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