Case Detail

FOIA Project Annotation: Judge Carl Nichols has ruled that the Department of Education conducted an adequate search for records in response to a FOIA request from the National Student Legal Defense Network for records concerning communications sent from the Social Security Administration to Education regarding gainful employment programs. NSLDN sought only records provided by SSA to Education after January 1, 2017. After litigation began, the agency produced two documents totaling five pages. NSLDN agreed to narrow its challenge to the adequacy of the agency's search. The agency assigned the request to the Federal Student Aid Office, which, in turn, assigned the request to the Business Operations, Borrower Defense, and Policy Liaison Units. The Borrower Defense Unit indicated that it did not receive records directly from the SSA but was aware of potentially responsive records from two custodians â€" Phillip Juengst in the Department's Office of the Chief Financial Officer, and Eric Melis, a former Department employee who worked in the Systems Integration Division. Juengst was aware of two responsive spreadsheets and successfully retrieved them from his emails. The Department produced the two documents in full. The agency explained that it received information from SSA only when it requested such information and it had only made two requests during the relevant time period, resulting in there only being two responsive records which the agency had located. NSLDN argued that the agency had failed to show that these two documents were the only responsive records. Nichols, however, pointed out that at oral argument, NSLDN agreed that if the Department was reasonable in its understanding that there were only two responsive documents because there were only two sets of data, then its search was reasonable. "Even absent this concession, the Court concludes that the Department acted reasonably in ending the search after finding and producing the two documents, because the Department had a reasonable basis to believe there were only two responsive documents." Nichols also rejected NSLDN's claim that the agency should have searched in more offices. Instead, he noted that "in a more typical case, this argument might be fatal to a motion for summary judgment for the reasons the Network asserts. But here, as noted, the Department has done enough to show that it is reasonably likely that there are only two responsive records, both of which have already been produced â€" and thus that it is not reasonably likely for further searches of other offices to turn up other (non-duplicative) documents." NSLDN contended that Education had violated its regulations by not gathering the required information from SSA each year. But Nichols observed that "while the Department has not said so expressly, it has essentially admitted either that it did not comply with the regulations or has a different interpretation of them. Where, as here, the declarations are clear and there is no doubt that the department considered whether it had overlooked the regulation in question, the Court will not force the government to state directly what it has already admitted indirectly."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2019-11-18	1	COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number ADCDC-6571000) filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Bitner, Robyn) (Entered: 11/18/2019)
2019-11-18	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL STUDENT LEGAL DEFENSE NETWORK (Bitner, Robyn) (Main Document 2 replaced on 11/19/2019) (zmc). (Entered: 11/18/2019)
2019-11-19		Case assigned to Judge Carl J. Nichols. (zmc) (Entered: 11/19/2019)
2019-11-19	3	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 11/19/2019)
2019-12-02	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 11/29/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/29/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/29/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 12/29/2019.) (Attachments: # 1 Exhibit A)(Bitner, Robyn) (Entered: 12/02/2019)
2019-12-12	5	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF EDUCATION (Taaffe, Damon) (Entered: 12/12/2019)
2019-12-12		MINUTE ORDER. After review of Defendant's 5 Consent Motion for Extension of Time to Respond to Complaint, it is hereby ORDERED that the Motion is GRANTED and that Defendant shall respond to the Complaint on or before January 29, 2020. Signed by Judge Carl J. Nichols on December 12, 2019. (lccjn1) (Entered: 12/12/2019)
2019-12-12		Set/Reset Deadlines/Hearings: Answer to Complaint due by 1/29/2020. (zcdw) (Entered: 12/13/2019)
2020-01-29	6	NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of UNITED STATES DEPARTMENT OF EDUCATION Substituting for attorney Damon W. Taaffe (Caplen, Robert) (Entered: 01/29/2020)
2020-01-29	7	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 01/29/2020)
2020-01-30	8	STANDING ORDER. Signed by Judge Carl J. Nichols on January 30, 2020. (lccjn1) (Entered: 01/30/2020)
2020-01-30		MINUTE ORDER. After review of Defendant's 7 Unopposed Motion for Enlargement of Time to Respond to Complaint, it is hereby ORDERED that the Motion is GRANTED and that Defendant shall file its Answer on or before February 19, 2020. The Court notes that further requests for extensions of time must follow section 9 of the Court's 8 Standing Order. Signed by Judge Carl J. Nichols on January 30, 2020. (lccjn1) (Entered: 01/30/2020)
2020-01-30		Set/Reset Deadlines/Hearings: Answer to Complaint due by 2/19/2020. (zcdw) (Entered: 02/01/2020)
2020-02-19	9	ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Caplen, Robert) (Entered: 02/19/2020)
2020-02-20		MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before March 9, 2020. The Joint Status Report shall address: (1) the status of Plaintiff's 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. The Court also expects the Parties to discuss whether the processing of documents responsive to Plaintiff's request can be prioritized and whether Plaintiff's request can be narrowed. Signed by Judge Carl J. Nichols on February 20, 2020. (lccjn1) (Entered: 02/20/2020)
2020-02-20		Set/Reset Deadlines/Hearings: Joint Status Report due by 3/9/2020. (zcdw) (Entered: 02/21/2020)
2020-03-09	10	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Caplen, Robert) (Entered: 03/09/2020)
2020-03-10	11	SCHEDULING ORDER. Signed by Judge Carl J. Nichols on March 10, 2020. (lccjn1) (Entered: 03/10/2020)
2020-03-10		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/1/2020. Response to Motion for Summary Judgment due by 5/29/2020. Reply to Motion for Summary Judgment due by 6/19/2020. Plaintiff's Cross Motion due by 5/29/2020. Response to Cross Motion due by 6/19/2020. Reply to Cross Motion due by 7/10/2020. (zcdw) (Entered: 03/12/2020)
2020-05-01	12	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Cynthia Hammond, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Text of Proposed Order)(Caplen, Robert) (Entered: 05/01/2020)
2020-05-29	13	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Bitner, Robyn) (Entered: 05/29/2020)
2020-05-29	14	Cross MOTION for Summary Judgment by NATIONAL STUDENT LEGAL DEFENSE NETWORK (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Bitner, Robyn) (Entered: 05/29/2020)
2020-06-15	15	Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , 14 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 06/15/2020)
2020-06-17	16	AMENDED SCHEDULING ORDER. Signed by Judge Carl J. Nichols on June 17, 2020. (lccjn1) (Entered: 06/17/2020)
2020-06-17		Set/Reset Deadlines/Hearings: Reply to 12 Motion for Summary Judgment due by 7/21/2020. Response to Cross Motion due by 7/21/2020. Reply to Cross Motion due by 8/11/2020. (zcdw) (Entered: 06/17/2020)
2020-07-21	17	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Statement of Facts, # 2 Declaration (Supplemental) of Cynthia Hammond, # 3 Text of Proposed Order)(Caplen, Robert) (Entered: 07/21/2020)
2020-07-21	18	Memorandum in opposition to re 14 Cross MOTION for Summary Judgment (same as ECF No. 17) filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Statement of Facts, # 2 Declaration (Supplemental) of Cynthia Hammond, # 3 Text of Proposed Order)(Caplen, Robert) (Entered: 07/21/2020)
2020-08-11	19	REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Statement of Facts)(Bitner, Robyn) (Entered: 08/11/2020)
2021-01-27		MINUTE ORDER. After review of Defendant's 12 Motion for Summary Judgment and Plaintiff's 14 Cross-Motion for Summary Judgment, it is hereby ORDERED that a telephonic hearing on the motions is scheduled for February 9, 2021, at 2:00 p.m. Signed by Judge Carl J. Nichols on January 27, 2021. (lccjn1) (Entered: 01/27/2021)
2021-01-27		Set/Reset Hearings: Motion Hearing set for 2/9/2021 at 02:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) (Entered: 01/27/2021)
2021-02-09	20	ERRATA by UNITED STATES DEPARTMENT OF EDUCATION. (Caplen, Robert) (Entered: 02/09/2021)
2021-02-09		Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 2/9/2021 re 12 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION, 14 Cross MOTION for Summary Judgment filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. 12 Motion for Summary Judgment and 14 Motion for Summary Judgment; Taken under advisement. Court Reporter: Lorraine Herman. (zcal) (Entered: 02/09/2021)
2021-02-11	21	ORDER. Signed by Judge Carl J. Nichols on February 11, 2021. (lccjn1) (Entered: 02/11/2021)
2021-02-11		Set/Reset Deadlines: Supplemental Brief due by 3/9/2021. (zcal) (Entered: 02/12/2021)
2021-02-12	22	Unopposed MOTION for Extension of Time to File Supplemental Materials to Address the Court's February 11, 2021 Order, ECF No. 21 by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 02/12/2021)
2021-02-16		Set/Reset Deadlines: Supplemental Brief due by 3/16/2021. Supplemental Response Brief due by 3/30/2021. (zcal) (Entered: 02/18/2021)
2021-02-17		MINUTE ORDER. After review of the Parties' 22 Motion for Extension of Time to File Supplemental Materials to Address the Court's February 11, 2021 Order, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant's supplemental brief and declaration, if any, are due by March 16, 2021; and Plaintiff's supplemental response brief, if any, is due by March 30, 2021. Signed by Judge Carl J. Nichols on February 16, 2021. (lccjn1) (Entered: 02/17/2021)
2021-03-16	23	SUPPLEMENTAL MEMORANDUM to re 21 Order filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration of Cynthia Hammond)(Caplen, Robert) (Entered: 03/16/2021)
2021-03-27		MINUTE ORDER. Pending the submission of the Parties' supplemental briefs, Defendant's 12 Motion for Summary Judgment and Plaintiff's 14 Cross-Motion for Summary Judgment are HELD IN ABEYANCE. Signed by Judge Carl J. Nichols on March 27, 2021. (lccjn1) (Entered: 03/27/2021)
2021-03-30	24	SUPPLEMENTAL MEMORANDUM re 23 Supplemental Memorandum filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Bitner, Robyn) Modified event title on 3/31/2021 (znmw). (Entered: 03/30/2021)
2021-04-06	25	NOTICE by UNITED STATES DEPARTMENT OF EDUCATION re 23 Supplemental Memorandum (Caplen, Robert) (Entered: 04/06/2021)
2021-04-07	26	NOTICE in opposition by NATIONAL STUDENT LEGAL DEFENSE NETWORK re 25 Notice (Other) (Bitner, Robyn) (Entered: 04/07/2021)
2021-04-08	27	REPLY re 25 Notice (Other) in Further Support of Defendant's Supplemental Memorandum filed by UNITED STATES DEPARTMENT OF EDUCATION. (Caplen, Robert) (Entered: 04/08/2021)
2021-06-24	28	NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 06/24/2021)
2021-11-23	29	NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of UNITED STATES DEPARTMENT OF EDUCATION Substituting for attorney Kathleene A. Molen (Moustakas, John) (Entered: 11/23/2021)
2021-12-03	30	NOTICE of Appearance by Emily Goldman on behalf of NATIONAL STUDENT LEGAL DEFENSE NETWORK (Goldman, Emily) (Entered: 12/03/2021)
2021-12-03	31	NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL STUDENT LEGAL DEFENSE NETWORK. Attorney Robyn K. Bitner terminated. (Bitner, Robyn) (Entered: 12/03/2021)
2022-04-26	32	MEMORANDUM OPINION re Motions 12 and 14. Signed by Judge Carl J. Nichols on April 26, 2022. (lccjn1) (Entered: 04/26/2022)
2022-04-26	33	ORDER re Motions 12 and 14. Signed by Judge Carl J. Nichols on April 26, 2022. (lccjn1) (Entered: 04/26/2022)
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