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Case TitleNATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03264
Date Filed2019-10-30
Date Closed2021-03-09
JudgeJudge Emmet G. Sullivan
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 agency's 2016 Borrower Defense Rule. NSLDN also requested a fee waiver. The agency acknowledged receipt of the requests, granted NSLDN's request for a fee waiver, and told NSLDN that it could not provide an estimated date of completion. After hearing nothing further from the agency, NSLDN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES 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

2019-10-301COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number ADCDC-6491653) filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Bitner, Robyn) (Entered: 10/30/2019)
2019-10-302LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL STUDENT LEGAL DEFENSE NETWORK (Bitner, Robyn) (Entered: 10/30/2019)
2019-10-31Case Assigned to Judge Emmet G. Sullivan. (zrdj) (Entered: 10/31/2019)
2019-10-313SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 10/31/2019)
2019-11-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/06/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 11/5/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/6/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 12/6/2019.) (Attachments: # 1 Exhibit A)(Bitner, Robyn) (Entered: 11/06/2019)
2019-11-075STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 11/07/19. (Attachment: Exhibit 1) (mac) (Entered: 11/07/2019)
2019-11-186NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Palmer-Ball, Katherine) (Entered: 11/18/2019)
2019-12-067ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Palmer-Ball, Katherine) (Entered: 12/06/2019)
2019-12-09MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than January 15, 2020. The parties' joint proposed scheduling order shall address the following: (1) The status of Plaintiff's FOIA requests; (2) The anticipated number of documents responsive to Plaintiff's FOIA requests; (3) The anticipated date(s) for release of documents responsive to Plaintiff's FOIA requests; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 12/9/2019. (lcegs3) (Entered: 12/09/2019)
2019-12-10Set/Reset Deadlines: Joint Proposed Scheduling Order due by 1/15/2020. (mac) (Entered: 12/10/2019)
2020-01-138NOTICE of Appearance by Alice Yao on behalf of NATIONAL STUDENT LEGAL DEFENSE NETWORK (Yao, Alice) (Entered: 01/13/2020)
2020-01-159Joint MOTION for / Proposed Scheduling Order by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Plaintiff's Proposed Scheduling Order, # 2 Defendant's Proposed Scheduling Order)(Palmer-Ball, Katherine) Modified on 1/16/2020 (ztd). (Entered: 01/15/2020)
2020-01-16MINUTE ORDER granting 9 Joint Motion for Proposed Scheduling Order. Substantially for the reasons set forth in Defendant's proposal, Defendant shall process at least 500 pages of records per month until production of the records responsive to Plaintiff's FOIA requests at issue is complete. Defendant shall make its second production by no later than February 18, 2020, with productions continuing on or before the 20th of each month until production is complete, unless that day falls on a weekend or holiday, in which case the production will be made by the next business day. It is FURTHER ORDERED that the parties shall file a joint status report with a recommendation for further proceedings by no later than March 25, 2020. Signed by Judge Emmet G. Sullivan on 1/16/2020. (lcegs3) (Entered: 01/16/2020)
2020-01-17Set/Reset Deadlines: Joint Status Report due by 3/25/2020. (mac) (Entered: 01/17/2020)
2020-03-2510Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 03/25/2020)
2020-03-25MINUTE ORDER. In view of 10 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than April 24, 2020. Signed by Judge Emmet G. Sullivan on 3/25/2020. (lcegs3) (Entered: 03/25/2020)
2020-03-26Set/Reset Deadlines: Joint Status Report due by 4/24/2020. (mac) (Entered: 03/26/2020)
2020-04-2311Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 04/23/2020)
2020-04-23MINUTE ORDER. In view of 11 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than June 23, 2020. Signed by Judge Emmet G. Sullivan on 4/23/2020. (lcegs3) (Entered: 04/23/2020)
2020-04-24Set/Reset Deadlines: Joint Status Report due by 6/23/2020. (mac) (Entered: 04/24/2020)
2020-06-2312Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 06/23/2020)
2020-06-29MINUTE ORDER. In view of 12 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than July 29, 2020. Signed by Judge Emmet G. Sullivan on 6/29/2020. (lcegs3) (Entered: 06/29/2020)
2020-06-29Set/Reset Deadlines: Joint Status Report due by 7/29/2020. (mac) (Entered: 06/29/2020)
2020-07-2913Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 07/29/2020)
2020-07-29MINUTE ORDER. In view of 13 joint status report, the parties are directed to file another joint status report with recommendations for further proceedings by no later than August 31, 2020. Signed by Judge Emmet G. Sullivan on 7/29/2020. (lcegs3) (Entered: 07/29/2020)
2020-07-30Set/Reset Deadlines: Joint Status Report due by 8/31/2020. (mac) (Entered: 07/30/2020)
2020-08-3114Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 08/31/2020)
2020-09-02MINUTE ORDER. In view of 14 joint status report, the parties shall adhere to the following briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than October 30, 2020; (2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion for summary judgment by no later than December 7, 2020; (3) Defendant shall file its opposition to Plaintiff's cross-motion for summary judgment and reply by no later than January 6, 2021; and (4) Plaintiff shall file its reply in support of its cross-motion for summary judgment by no later than January 27, 2021. Signed by Judge Emmet G. Sullivan on 9/2/2020. (lcegs3) (Entered: 09/02/2020)
2020-09-02Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 10/30/2020. Plaintiff Cross-Motion For Summary Judgment And Opposition To Defendant's Motion For Summary Judgment due by 12/07/2020. Defendant Opposition To Plaintiff's Cross-Motion For Summary Judgment And Reply due by 01/06/2021. Plaintiff Reply In Support Of Its Cross-Motion For summary Judgment due by 01/21/2021. (mac) (Entered: 09/02/2020)
2020-10-2915Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 10/29/2020)
2020-11-02MINUTE ORDER granting 15 Defendant's unopposed motion for extension of time. The parties shall abide by the following briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than December 14, 2020; (2) Plaintiff shall file its cross-motion for summary judgment and opposition by no later than January 21, 2021; (3) Defendant shall file its opposition and reply by no later than February 22, 2021; and (4) Plaintiff shall file its reply by no later than March 15, 2021. Signed by Judge Emmet G. Sullivan on 11/2/2020. (lcegs3) (Entered: 11/02/2020)
2020-11-02Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 12/14/2020. Plaintiff Cross-Motion For Summary Judgment And Opposition due by 01/21/2021. Defendant Opposition And Reply due by 02/22/2021. Plaintiff Reply due by 03/15/2021. (mac) (Entered: 11/02/2020)
2020-11-1916NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL STUDENT LEGAL DEFENSE NETWORK. Attorney Alice Yao terminated. (Yao, Alice) (Entered: 11/19/2020)
2020-12-1417Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 12/14/2020)
2020-12-16MINUTE ORDER granting 17 consent motion for extension of time. The parties shall abide by the following modified schedule: (1) Defendant shall file its motion for summary judgment by no later than January 13, 2021; (2) Plaintiff shall file its cross-motion for summary judgment and opposition by no later than February 22, 2021; (3) Defendant shall file its opposition and reply by no later than March 24, 2021; and (4) Plaintiff shall file its reply by no later than April 14, 2021. Signed by Judge Emmet G. Sullivan on 12/16/2020. (lcegs3) (Entered: 12/16/2020)
2020-12-16Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 1/13/2021. Plaintiff Cross-Motion For Summary Judgment And Opposition due by 2/22/2021. Defendant Opposition And Reply due by 3/24/2021. Plaintiff Reply due by 4/14/2021. (mac) (Entered: 12/16/2020)
2021-01-1218Joint MOTION to Vacate Briefing Schedule by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 01/12/2021)
2021-01-13MINUTE ORDER granting 18 joint motion to vacate briefing schedule. It is hereby ORDERED that the briefing schedule for the parties' cross-motions for summary judgment is VACATED. It is FURTHER ORDERED that the parties shall file a joint status report with a recommendation for further proceedings by no later than February 12, 2021. Signed by Judge Emmet G. Sullivan on 1/13/2021. (lcegs3) (Entered: 01/13/2021)
2021-02-1219Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Palmer-Ball, Katherine) (Entered: 02/12/2021)
2021-02-12MINUTE ORDER. In view of 19 joint status report, the parties are directed to file a stipulation of dismissal or another joint status report with a recommendation for further proceedings by no later than March 15, 2021. Signed by Judge Emmet G. Sullivan on 2/12/2021. (lcegs3) (Entered: 02/12/2021)
2021-02-13Set/Reset Deadlines: Stipulation Of Dismissal Or Joint Status Report due by 3/15/2021. (mac) (Entered: 02/13/2021)
2021-03-0820STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF EDUCATION. (Palmer-Ball, Katherine) (Entered: 03/08/2021)
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