Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the Department of Education has not justified its redactions in resolution letters issued by the Office of Civil Rights of investigations of whether school districts are adequately responding to sexual assault complaints from students. BuzzFeed requested resolution letters sent to 14 separate school districts across the country. The agency redacted the letters under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). BuzzFeed agreed that some of the information was properly subject to those exemptions but argued that the agency's redactions were too heavy-handed. After reviewing the letters in camera, Cooper largely agreed. Cooper noted that since BuzzFeed acknowledged that the letters were compiled for law enforcement purposes he would evaluate them under the lower standard of Exemption 7(C) only. He noted that "while some of the redactions are appropriate, others are improperly broad." He explained that "for example, the resolution letters to the Imagine Prep School in Arizona and Adams County School District 12 in Colorado, both prepared by an official at OCR Denver, were minimally redacted and appear to appropriately balance the privacy interests of individuals involved with the public's interest in learning how OCR responded to the determination complaint and what its investigation found." He pointed out that "on the other hand, the letters to East St. Louis, Illinois School District 189 and the Baraboo School District in Wisconsin, for example, -- both redacted by an official in OCR's Chicago office â€" have pages-long redactions. These redactions hide details too general to allow for identification of individuals involved, including information abut the investigation that is not Personally Identifiable Information at all." He indicated that "if revealed, these details would illuminate OCR's work but would not risk identifying those involved in the underlying incidents." Sending the case back to the agency to narrow its redactions where necessary, Cooper observed that "BuzzFeed (and the public) has a right to examine how OCR is conducting these sensitive investigations. Exemption 6 and 7(C) call for careful balancing when redacting information, demanding a scalpel rather than a buzzsaw."
Issues: Segregability - Disclosure of all non-exempt records

Date Filed	Doc #	Docket Text
2018-06-27	1	COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5558966) filed by BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons (Topic, Matthew) (Entered: 06/27/2018)
2018-06-27	2	NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC. (Topic, Matthew) (Entered: 06/27/2018)
2018-06-29		Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 06/29/2018)
2018-06-29	3	SUMMONS (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: 06/29/2018)
2018-07-11	4	NOTICE of Appearance by Matthew Lynn Schafer on behalf of BUZZFEED INC. (Schafer, Matthew) (Entered: 07/11/2018)
2018-07-23	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 7/13/2018 (Topic, Matthew) (Entered: 07/23/2018)
2018-07-23	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/16/2018. (Topic, Matthew) (Entered: 07/23/2018)
2018-07-23	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/16/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/15/2018. (Topic, Matthew) (Entered: 07/23/2018)
2018-08-15	8	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF EDUCATION (Hendry, Melanie) (Entered: 08/15/2018)
2018-08-16		MINUTE ORDER granting 8 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant's answer is due on or before September 7, 2018. Signed by Judge Christopher R. Cooper on 08/16/2018. (lccrc3) (Entered: 08/16/2018)
2018-08-16		Set/Reset Deadlines: Answer due by 9/7/2018 (lsj) (Entered: 08/16/2018)
2018-09-06	9	ANSWER to Complaint by U.S. DEPARTMENT OF EDUCATION.(Hendry, Melanie) (Entered: 09/06/2018)
2018-09-06		MINUTE 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 September 21, 2018. Signed by Judge Christopher R. Cooper on 09/06/2018. (lccrc3) (Entered: 09/06/2018)
2018-09-06		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/21/2018 (lsj) (Entered: 09/06/2018)
2018-09-20	10	PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF EDUCATION. (Hendry, Melanie) Modified event title on 9/24/2018 (znmw). (Entered: 09/20/2018)
2018-09-20		VACATED PURSUANT TO MINUTE ORDER ENTERED 11/16/18.....MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall adhere to the briefing schedule as follows: Defendant's motion for summary judgment shall be filed on or before November 16, 2018; Plaintiff's cross-motion for summary judgment and opposition shall be filed on or before December 17, 2018; Defendant's opposition and reply shall be filed on or before January 25, 2019; Plaintiff's reply shall be filed on or before February 15, 2019. Signed by Judge Christopher R. Cooper on 09/20/2018. (lccrc3) Modified on 11/19/2018 (zlsj). (Entered: 09/20/2018)
2018-09-21		Set/Reset Deadlines: Summary Judgment motions due by 11/16/2018. Response to Motion for Summary Judgment due by 12/17/2018. Reply to Motion for Summary Judgment due by 1/25/2019. Replies due by 2/15/2019. (lsj) (Entered: 09/21/2018)
2018-11-15	11	Consent MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF EDUCATION (Hendry, Melanie) (Entered: 11/15/2018)
2018-11-16		VACATED PURSUANT TO MINUTE ORDER ENTERED 12/7/2018.....MINUTE ORDER granting 11 Motion for Extension of Time to File and vacating the briefing schedule entered on September 20, 2018. The parties shall adhere to a briefing schedule as follows: Defendant shall file its motion for summary judgment on or before December 7, 2018; Plaintiff shall file its opposition and cross-motion for summary judgment on or before January 7, 2019; Defendant shall file its reply and opposition on or before February 15, 2019; Plaintiff shall file its reply on or before March 8, 2019. Signed by Judge Christopher R. Cooper on 11/16/2018. (lccrc3) Modified on 12/10/2018 (zlsj). (Entered: 11/16/2018)
2018-11-19		Set/Reset Deadlines: Summary Judgment motions due by 12/7/2018. Response to Motion for Summary Judgment due by 1/7/2019. Reply to Motion for Summary Judgment due by 2/15/2019. Replies due by 3/8/2019. (lsj) (Entered: 11/19/2018)
2018-12-06	12	Consent MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF EDUCATION (Hendry, Melanie) (Entered: 12/06/2018)
2018-12-07		VACATED PURSUANT TO MINUTE ORDER ENTERED 12/21/2018.....MINUTE ORDER granting Defendant's 12 Motion for Extension of Time to File and vacating the briefing schedule entered on 11/16/2018. The parties shall adhere to the following briefing schedule: Defendant shall file its motion for summary judgment on or before December 21, 2018; Plaintiff shall file its opposition and cross-motion for summary judgment on or before January 22, 2019; Defendant shall file its reply and opposition on or before March 1, 2019; Plaintiff shall file its reply on or before March 22, 2019. Signed by Judge Christopher R. Cooper on 12/07/2018. (lccrc3) Modified on 12/21/2018 (zlsj). (Entered: 12/07/2018)
2018-12-10		Set/Reset Deadlines: Summary Judgment motions due by 12/21/2018. Response to Motion for Summary Judgment due by 1/22/2019. Reply to Motion for Summary Judgment due by 3/1/2019. Responses due by 3/22/2019 (lsj) (Entered: 12/10/2018)
2018-12-21	13	MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF EDUCATION (Hendry, Melanie) (Entered: 12/21/2018)
2018-12-21		VACATED PURSUANT TO ORDER FILED ON 2/7/2019.....MINUTE ORDER granting Defendant's 13 Motion for Extension of Time and vacating the briefing schedule entered on 12/7/2018. The parties shall adhere to the following briefing schedule, and no further extensions shall be granted to Defendant: Defendant shall file its motion for summary judgment on or before February 6, 2019; Plaintiff shall file its opposition and cross-motion for summary judgment on or before March 6, 2019; Defendant shall file its reply and opposition on or before April 5, 2019; Plaintiff shall file its reply on or before April 26, 2019. Signed by Judge Christopher R. Cooper on 12/21/2018. (lccrc3) Modified on 2/7/2019 (znbn). (Entered: 12/21/2018)
2018-12-21		Set/Reset Deadlines: Summary Judgment motions due by 2/6/2019. Response to Motion for Summary Judgment due by 3/6/2019. Reply to Motion for Summary Judgment due by 4/5/2019. Plaintiff's Reply due by 4/26/2019. (lsj) (Entered: 12/21/2018)
2019-02-05	14	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment , Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF EDUCATION (Lyons, Jane) (Entered: 02/05/2019)
2019-02-07		VACATED PURSUANT TO MINUTE ORDER ENTERED 4/16/2019.....MINUTE ORDER granting 14 Motion to Modify Briefing Schedule and vacating the schedule entered on December 21, 2018. The parties shall adhere to the following briefing schedule: Defendant shall file its motion for summary judgment on or before February 13, 2019; Plaintiff shall file its opposition and cross-motion for summary judgment on or before March 13, 2019; Defendant shall file its reply and opposition on or before April 12, 2019; Plaintiff shall file its reply on or before May 3, 2019. Signed by Judge Christopher R. Cooper on 02/07/2019. (lccrc3) Modified on 4/16/2019 (zlsj). (Entered: 02/07/2019)
2019-02-07		Set/Reset Deadlines: Summary Judgment motions due by 2/13/2019. Response to Motion for Summary Judgment due by 3/13/2019. Reply to Motion for Summary Judgment due by 4/12/2019. Replies due by 5/3/2019. (znbn) (Entered: 02/07/2019)
2019-02-13	15	MOTION for Summary Judgment by U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Statement of Facts, # 2 Declaration of Kristine Minami, # 3 Declaration of Lauren E.M. Skerrett, # 4 Declaration of Robert Carey, # 5 Declaration of David R. Sumners)(Hendry, Melanie) (Entered: 02/13/2019)
2019-02-28	16	NOTICE OF WITHDRAWAL OF APPEARANCE as to BUZZFEED INC.. Attorney Matthew Lynn Schafer terminated. (Schafer, Matthew) (Entered: 02/28/2019)
2019-03-13	17	MOTION for Summary Judgment Plaintiff's Combined Cross Motion for Summary Judgment and Memorandum of Points and Authorities in Opposition to Defendant's Summary Judgment Motion and in Support of Plaintiff's Cross-Motion for Summary Judgment by BUZZFEED INC. (Attachments: # 1 Statement of Facts Plaintiff's Statement of Undisputed Facts, # 2 Exhibit A - Imagine Prep, # 3 Exhibit B - Adams County, # 4 Exhibit C - East St. Louis, # 5 Exhibit D - Paducah, # 6 Exhibit E - Massachusetts College, # 7 Exhibit F - Baraboo, # 8 Exhibit G -Topic Declaration, # 9 Text of Proposed Order Proposed Order)(Topic, Matthew) (Entered: 03/13/2019)
2019-03-13	18	RESPONSE re 15 MOTION for Summary Judgment Plaintiff's Response to Defendant's Statement of Undisputed Facts filed by BUZZFEED INC.. (Topic, Matthew) (See also Docket Entry 17 to view opposition). Modified on 3/18/2019 (znmw). (Entered: 03/13/2019)
2019-03-25	19	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 03/25/2019)
2019-04-11	20	Consent MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF EDUCATION (Hendry, Melanie) (Entered: 04/11/2019)
2019-04-16		MINUTE ORDER granting 20 Motion for Extension of Time to File Response and vacating the briefing schedule entered on February 7, 2019. Defendant shall file its Opposition to Plaintiff's Motion for Summary Judgment and Reply on or before May 3, 2019; Plaintiff shall file its Reply on or before May 24, 2019. No further extensions will be granted. Signed by Judge Christopher R. Cooper on 04/16/2019. (lccrc3) (Entered: 04/16/2019)
2019-04-16		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 5/3/2019. Replies due by 5/24/2019. (lsj) (Entered: 04/16/2019)
2019-05-03	21	Memorandum in opposition to re 17 MOTION for Summary Judgment Plaintiff's Combined Cross Motion for Summary Judgment and Memorandum of Points and Authorities in Opposition to Defendant's Summary Judgment Motion and in Support of Plaintiff's Cross-Motion for Summary J filed by U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Karen L. Mayo-Tall)(Hendry, Melanie) (Entered: 05/03/2019)
2019-05-03	22	REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration of Karen L. Mayo-Tall)(Hendry, Melanie) (Entered: 05/03/2019)
2019-05-21	23	REPLY to opposition to motion re 17 MOTION for Summary Judgment Plaintiff's Combined Cross Motion for Summary Judgment and Memorandum of Points and Authorities in Opposition to Defendant's Summary Judgment Motion and in Support of Plaintiff's Cross-Motion for Summary J filed by BUZZFEED INC.. (Topic, Matthew) (Entered: 05/21/2019)
2019-06-13	24	ORDER requiring the Defendant to provide records for in camera review and to provide supplemental declarations. See full Order for details. Signed by Judge Christopher R. Cooper on 06/13/2019. (lccrc3) (Entered: 06/13/2019)
2019-06-13		Set/Reset Deadlines: Defendant's In-Camera Submission due by 6/20/2019. (lsj) (Entered: 06/13/2019)
2019-06-27	25	NOTICE of Submission for In Camera Review by U.S. DEPARTMENT OF EDUCATION re 24 Order (Hendry, Melanie) (Entered: 06/27/2019)
2019-06-27	26	Unopposed MOTION for Extension of Time to File Supplemental Declaration and Submit Documents for In Camera Review by U.S. DEPARTMENT OF EDUCATION (Hendry, Melanie) (Entered: 06/27/2019)
2019-07-01		MINUTE ORDER granting 26 Motion for Extension of Time to File. Defendant shall file the supplemental declarations described in the Court's 24 Order on or before July 10, 2019. Signed by Judge Christopher R. Cooper on 07/01/2019. (lccrc3) (Entered: 07/01/2019)
2019-07-02		Set/Reset Deadlines: Supplemental Declarations due by 7/10/2019. (lsj) (Entered: 07/02/2019)
2019-07-10	27	Unopposed MOTION for Order for Leave to Submit Declarations Ex Parte and In Camera by U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Declaration Kristine Minami, # 2 Declaration David R. Sumners (Redacted), # 3 Declaration Lauren E.M. Skerrett (Redacted), # 4 Declaration Robert Carey (Redacted))(Hendry, Melanie) (Entered: 07/10/2019)
2019-07-10		MINUTE ORDER granting 27 Motion for Leave to file declarations ex parte and in camera . Defendant may deliver to Chambers the unredacted versions of the declarations appended as exhibits to its 27 Motion. Signed by Judge Christopher R. Cooper on 07/10/2019. (lccrc3) (Entered: 07/10/2019)
2019-07-10	28	NOTICE of Submission for In Camera Review by U.S. DEPARTMENT OF EDUCATION (Hendry, Melanie) (Entered: 07/10/2019)
2019-08-06	29	NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC. (Wayne, Merrick) (Entered: 08/06/2019)
2019-08-07	30	NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of U.S. DEPARTMENT OF EDUCATION Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-07	31	OPINION AND ORDER denying without prejudice 15 Defendant's Motion for Summary Judgment; denying without prejudice 17 Plaintiff's Motion for Summary Judgment; and remanding the matter to the Defendant. See full Order for details. Signed by Judge Christopher R. Cooper on 08/07/2019. (lccrc3) (Entered: 08/07/2019)
2019-08-08		Set/Reset Deadlines: Joint Status Report due by 9/23/2019 (lsj) (Entered: 08/08/2019)
2019-09-23	32	Joint MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF EDUCATION (Moustakas, John) (Entered: 09/23/2019)
2019-09-23		MINUTE ORDER granting 32 Motion for Extension of Time to File Joint Status Report. The next report shall be filed on or before October 7, 2019. If any disputes remain at that time, the joint status report shall include a schedule for prompt briefing. Signed by Judge Christopher R. Cooper on 09/23/2019. (lccrc3) (Entered: 09/23/2019)
2019-09-24		Set/Reset Deadlines: Joint Status Report due by 10/7/2019 (lsj) (Entered: 09/24/2019)
2019-10-07	33	Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Moustakas, John) (Entered: 10/07/2019)
2019-10-09		MINUTE ORDER: In light of 33 Joint Status Report, the parties are hereby ORDERED to submit a further Joint Status Report on or before Thursday, November 7, 2019. Signed by Judge Christopher R. Cooper on 10/9/2019. (lccrc3) (Entered: 10/09/2019)
2019-10-09		Set/Reset Deadlines: Joint Status Report due by 11/7/2019 (lsj) (Entered: 10/09/2019)
2019-11-07	34	Joint STATUS REPORT by BUZZFEED INC.. (Topic, Matthew) (Entered: 11/07/2019)
2019-11-08		MINUTE ORDER: In light of 34 Joint Status Report, the parties are hereby ORDERED to submit a further Joint Status Report on or before Monday, December 9, 2019. Signed by Judge Christopher R. Cooper on 11/8/2019. (lccrc3) (Entered: 11/08/2019)
2019-11-08		Set/Reset Deadlines: Joint Status Report due by 12/9/2019. (znbn) (Entered: 11/08/2019)
2019-12-09	35	ENTERED IN ERROR. . . . .Joint STATUS REPORT by BUZZFEED INC.. (Burday, Joshua) Modified on 12/10/2019 (ztd). (Entered: 12/09/2019)
2019-12-11		NOTICE OF ERROR re 35 Status Report; emailed to joshb@loevy.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. If you are electronically filing, your signature must appear on the document. (ztd, ) (Entered: 12/11/2019)
2019-12-16		MINUTE ORDER: In light of 35 Joint Status Report, it is hereby ORDERED that the parties shall file either a stipulation of dismissal or further joint status report on or before Friday, January 31, 2020. Signed by Judge Christopher R. Cooper on 12/16/2019. (lccrc3) (Entered: 12/16/2019)
2019-12-17		Set/Reset Deadlines: Joint Status Report due by 1/31/2020 (lsj) (Entered: 12/17/2019)
2020-01-31	36	Joint STATUS REPORT by BUZZFEED INC.. (Topic, Matthew) (Entered: 01/31/2020)
2020-02-04		MINUTE ORDER: In light of 36 Joint Status Report, the parties are hereby ORDERED to file either a stipulation of dismissal or further joint status report on or before Friday, March 27, 2020. Signed by Judge Christopher R. Cooper on 02/04/2020. (lccrc3) (Entered: 02/04/2020)
2020-02-26	37	STIPULATION of Dismissal by BUZZFEED INC.. (Topic, Matthew) (Entered: 02/26/2020)
2020-02-26		MINUTE ORDER: Pursuant to the parties' 37 Stipulation of Settlement and Dismissal, this case is hereby DISMISSED. The Court will retain jurisdiction for the sole purpose of enforcing the terms of the stipulation. Signed by Judge Christopher R. Cooper on 02/26/2020. (lccrc3) (Entered: 02/26/2020)
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