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Case TitleDEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01596
Date Filed2018-07-05
Date Closed2021-04-23
JudgeJudge Amit P. Mehta
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to the Department of Education for records concerning Diane Jones and Robert Eitel, senior advisors at the agency who had previously worked in the for-profit educational industry. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
Complaint issues: Litigation - Attorney's fees, Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantU.S. 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

2018-07-051COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5571627) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Lewis, John) (Entered: 07/05/2018)
2018-07-052Corporate Disclosure Statement by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 07/05/2018)
2018-07-06Case Assigned to Judge Amit P. Mehta. (zjd) (Entered: 07/06/2018)
2018-07-063SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 07/06/2018)
2018-07-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/11/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 8/10/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/11/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 7/10/2018 (Attachments: # 1 Declaration)(Lewis, John) (Entered: 07/13/2018)
2018-07-305NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 07/30/2018)
2018-08-106ANSWER to Complaint by U.S. DEPARTMENT OF EDUCATION.(Sroka, Scott) (Entered: 08/10/2018)
2018-08-14MINUTE ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before September 4, 2018. The Joint Status Report shall include (1) the status of Plaintiffs 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. Signed by Judge Amit P. Mehta on 08/14/2018. (lcapm3) (Entered: 08/14/2018)
2018-08-14Set/Reset Deadlines: Joint Status Report due by 9/4/2018. (zjd) (Entered: 08/15/2018)
2018-09-047Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Sroka, Scott) (Entered: 09/04/2018)
2018-09-06MINUTE ORDER. No later than October 4, 2018, the parties shall file a joint status report that updates the court on the status of search and production in this matter. Signed by Judge Amit P. Mehta on 09/06/2018. (lcapm3) (Entered: 09/06/2018)
2018-09-06Set/Reset Deadlines: Joint Status Report due by 10/4/2018. (zjd) (Entered: 09/07/2018)
2018-10-048Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 10/04/2018)
2018-10-05MINUTE ORDER. No later than November 5, 2018, the parties shall file a Joint Status Report that updates the court on Defendant's search and production efforts in this matter. Signed by Judge Amit P. Mehta on 10/05/2018. (lcapm3) (Entered: 10/05/2018)
2018-10-05Set/Reset Deadlines: Joint Status Report due by 11/5/2018. (zjd) (Entered: 10/09/2018)
2018-11-059Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 11/05/2018)
2018-11-07MINUTE ORDER. Having considered the parties' respective positions with regard to processing of records, the court orders Defendants to process potentially responsive records at a rate of 500 emails per month, with the first production of records to be made no later than December 14, 2018, and additional productions made every 30 days thereafter. At that pace, Defendant should complete processing records in approximately six months. The parties shall submit an additional Joint Status Report no later than January 18, 2019. Signed by Judge Amit P. Mehta on 11/07/2018. (lcapm3) (Entered: 11/07/2018)
2018-11-07ENTERED IN ERROR.....Set/Reset Deadlines: Joint Status Report due by 12/14/2018. (zjd) Modified on 11/7/2018: The following entry includes the correct deadline date of 1/18/2019 (zjd). (Entered: 11/07/2018)
2018-11-07Set/Reset Deadlines: Joint Status Report due by 1/18/2019. (zjd) (Entered: 11/07/2018)
2019-01-1610Consent 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: 01/16/2019)
2019-01-22MINUTE ORDER granting Defendant's 10 Motion for Stay and Extension of Time. This matter is hereby stayed. Within fourteen days of Department of Justice operations resuming, the parties shall submit a Joint Status Report that proposes a schedule for further proceedings in this matter. Signed by Judge Amit P. Mehta on 01/22/2019. (lcapm3) (Entered: 01/22/2019)
2019-02-0811Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 02/08/2019)
2019-02-08MINUTE ORDER: In light of 11 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report on or before April 9, 2019. Signed by Judge Amit P. Mehta on 02/08/2019. (lcapm3) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: Joint Status Report due by 4/9/2019. (zjd) (Entered: 02/08/2019)
2019-04-0912Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 04/09/2019)
2019-04-09MINUTE ORDER: In light of 12 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report, which includes an estimate for completing production, on or before June 10, 2019. Signed by Judge Amit P. Mehta on 04/09/2019. (lcapm3) (Entered: 04/09/2019)
2019-04-09Set/Reset Deadlines: Joint Status Report due by 6/10/2019. (zjd) (Entered: 04/10/2019)
2019-06-1013Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 06/10/2019)
2019-06-12MINUTE ORDER: In light of 13 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report, which recommends a further course of proceeding in this matter, on or before August 9, 2019. Signed by Judge Amit P. Mehta on 06/12/2019. (lcapm3) (Entered: 06/12/2019)
2019-06-12Set/Reset Deadlines: Joint Status Report due by 8/9/2019. (zjd) (Entered: 06/12/2019)
2019-08-0914Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 08/09/2019)
2019-08-09MINUTE ORDER. The parties shall file a joint status report no later than August 23, 2019. Signed by Judge Amit P. Mehta on 08/09/2019. (lcapm3) (Entered: 08/09/2019)
2019-08-09Set/Reset Deadlines: Joint Status Report due by 8/23/2019. (zjd) (Entered: 08/12/2019)
2019-08-2315STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Sroka, Scott) (Entered: 08/23/2019)
2019-08-2316STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 08/23/2019)
2019-08-26MINUTE ORDER. Going forward, Defendant shall process and produce records at a rate of no less than 600 pages per month. The additional pages per month is warranted in view of the confusion surrounding the production schedule. The parties shall submit an additional Joint Status Report that updates the court on the status of production by October 25, 2019. Signed by Judge Amit P. Mehta on 08/26/2019. (lcapm3) (Entered: 08/26/2019)
2019-08-26Set/Reset Deadlines: Joint Status Report due by 10/25/2019. (zjd) (Entered: 08/29/2019)
2019-10-2517Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Sroka, Scott) (Entered: 10/25/2019)
2019-10-25MINUTE ORDER. The parties shall submit an additional Joint Status Report, which updates the court on Defendant's production efforts by December 20, 2019. Signed by Judge Amit P. Mehta on 10/25/2019. (lcapm3) (Entered: 10/25/2019)
2019-10-25Set/Reset Deadlines: Joint Status Report due by 12/20/2019. (zjd) (Entered: 10/28/2019)
2019-12-1918Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Sroka, Scott) (Entered: 12/19/2019)
2019-12-19MINUTE ORDER. The parties shall submit an additional Joint Status Report by February 20, 2020, which updates the court on Defendant's production efforts. Signed by Judge Amit P. Mehta on 12/19/2019. (lcapm3) (Entered: 12/19/2019)
2019-12-19Set/Reset Deadlines: Joint Status Report due by 2/20/2020. (zjd) (Entered: 12/20/2019)
2020-02-1919NOTICE OF SUBSTITUTION OF COUNSEL by Darrell C. Valdez on behalf of U.S. DEPARTMENT OF EDUCATION Substituting for attorney Scott Leeson Sroka (Valdez, Darrell) (Entered: 02/19/2020)
2020-02-2020Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 02/20/2020)
2020-02-21MINUTE ORDER. The parties shall file an additional Joint Status Report by April 20, 2020, which proposes a schedule for further proceedings in this matter, if necessary. Signed by Judge Amit P. Mehta on 02/21/2020. (lcapm3) (Entered: 02/21/2020)
2020-02-21Set/Reset Deadlines: Joint Status Report due by 4/20/2020. (zjd) (Entered: 02/24/2020)
2020-04-1721Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Valdez, Darrell) (Entered: 04/17/2020)
2020-04-17MINUTE ORDER. The parties shall file an additional Joint Status Report by June 22, 2020, which proposes a schedule for further proceedings in this matter, if necessary. Signed by Judge Amit P. Mehta on 04/17/2020. (lcapm3) (Entered: 04/17/2020)
2020-04-17Set/Reset Deadlines: Joint Status Report due by 6/22/2020. (zjd) (Entered: 04/20/2020)
2020-06-2222Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Valdez, Darrell) (Entered: 06/22/2020)
2020-06-22MINUTE ORDER. The parties shall file an additional Joint Status Report by August 24, 2020, which proposes a schedule for further proceedings in this matter, if necessary. Signed by Judge Amit P. Mehta on 06/22/2020. (lcapm3) (Entered: 06/22/2020)
2020-06-22Set/Reset Deadlines: Joint Status Report due by 8/24/2020. (zjd) (Entered: 06/24/2020)
2020-08-2423Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Valdez, Darrell) (Entered: 08/24/2020)
2020-08-25MINUTE ORDER. The parties shall file an additional Joint Status Report by October 23, 2020, which updates the court on Defendant's production of responsive records. Signed by Judge Amit P. Mehta on 08/25/2020. (lcapm3) (Entered: 08/25/2020)
2020-08-25Set/Reset Deadlines: Joint Status Report due by 10/23/2020. (zjd) (Entered: 08/25/2020)
2020-10-2324Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Valdez, Darrell) (Entered: 10/23/2020)
2020-10-23MINUTE ORDER. The parties shall file an additional Joint Status Report by December 23, 2020, which updates the court on Defendant's production of responsive records. Signed by Judge Amit P. Mehta on 10/23/2020. (lcapm3) (Entered: 10/23/2020)
2020-10-23Set/Reset Deadlines: Joint Status Report due by 12/23/2020. (zjd) (Entered: 10/26/2020)
2020-12-2225Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Valdez, Darrell) (Entered: 12/22/2020)
2020-12-22MINUTE ORDER. The parties shall file an additional Joint Status Report by February 23, 2021, which updates the court on Defendant's production of responsive records. Signed by Judge Amit P. Mehta on 12/22/2020. (lcapm3) (Entered: 12/22/2020)
2020-12-22Set/Reset Deadlines: Joint Status Report due by 2/23/2021. (zjd) (Entered: 12/30/2020)
2021-02-2326Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Valdez, Darrell) (Entered: 02/23/2021)
2021-02-24MINUTE ORDER. The parties shall file an additional Joint Status Report by April 23, 2021, which updates the court on Defendant's production of responsive records. Signed by Judge Amit P. Mehta on 2/24/2021. (lcapm3) (Entered: 02/24/2021)
2021-04-2327STIPULATION of Dismissal by DEMOCRACY FORWARD FOUNDATION. (Lewis, John) (Entered: 04/23/2021)
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