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Case TitleGoldschmidt v. United States Department of Education
DistrictNorthern District of Illinois
CityChicago
Case Number1:2018cv05666
Date Filed2018-08-20
Date Closed2019-08-20
JudgeHonorable Marvin E. Aspen
PlaintiffJona Goldschmidt
Case DescriptionJona Goldschmidt, a professor in the Department of Criminal Justice and Criminology at Loyola University Chicago, submitted a FOIA request to the Department of Education for an Excel spreadsheet of 4-year colleges subject to the Clery Act and the email addresses of the schools' Clery Act reporting officers. The agency acknowledged receipt of the request. The agency told Goldschmidt that it had no responsive records because such records were not collected by the agency. Further, it claimed that making such a spreadsheet would require the agency to create a record. Goldschmidt filed an administrative appeal of the decision. The agency told him that the information was available on its website. After Goldschmidt was unable to locate such a list on the agency's website, he filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Education
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-201COMPLAINT filed by Jona Goldschmidt; Filing fee $ 400, receipt number 0752-14844485. (Attachments: # 1 Exhibit Exhibits 1 - 5)(Manchel, Brett) (Entered: 08/20/2018)
2018-08-202ATTORNEY Appearance for Plaintiff Jona Goldschmidt by Brett Adam Manchel (Manchel, Brett) (Entered: 08/20/2018)
2018-08-203CIVIL Cover Sheet (Manchel, Brett) (Entered: 08/20/2018)
2018-08-21CASE ASSIGNED to the Honorable Marvin E. Aspen. Designated as Magistrate Judge the Honorable Young B. Kim. (jjr, ) (Entered: 08/21/2018)
2018-08-224MINUTE entry before the Honorable Marvin E. Aspen: Initial status hearing set for 12/6/2018 at 10:30 a.m. Mailed notice (ags, ) (Entered: 08/22/2018)
2018-10-185DESIGNATION of Susan Willoughby Anderson as U.S. Attorney for Defendant United States Department of Education (Anderson, Susan) (Entered: 10/18/2018)
2018-10-186ANSWER to Complaint by United States Department of Education(Anderson, Susan) (Entered: 10/18/2018)
2018-12-067MINUTE entry before the Honorable Marvin E. Aspen: Status hearing held. Any motions for summary judgment shall be filed by 2/4/2019. Responses are due by 3/7/2019; replies by 4/4/2019. Status hearing is set for 5/9/2019 at 10:30 a.m. Mailed notice (ags, ) (Entered: 12/06/2018)
2018-12-268GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)
2019-01-089AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)
2019-01-2810GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)
2019-02-2211MOTION by Plaintiff Jona Goldschmidt for extension of time to file cross motions for summary judgment (Jayaram, Vivek) (Entered: 02/22/2019)
2019-02-2212NOTICE of Motion by Vivek Jayaram for presentment of motion for extension of time to file 11 before Honorable Marvin E. Aspen on 3/7/2019 at 10:30 AM. (Jayaram, Vivek) (Entered: 02/22/2019)
2019-02-2513ATTORNEY Appearance for Plaintiff Jona Goldschmidt by Vivek Jayaram (Jayaram, Vivek) (Entered: 02/25/2019)
2019-02-2614MINUTE entry before the Honorable Marvin E. Aspen: Plaintiff's motion to amend scheduling order 11 is granted. Any motion for summary judgment is due by 3/29/2019; responses by 4/29/2019; replies by 5/27/2019. Status hearing set for 5/9/2019 is stricken and reset to 7/18/2019 at 10:30 a.m. Mailed notice (ags, ) (Entered: 02/26/2019)
2019-03-2915MOTION by Defendant United States Department of Education to amend/correct answer (Motion for Leave to File An Amended Answer) (Attachments: # 1 Exhibit A (Proposed Amended Answer))(Anderson, Susan) (Entered: 03/29/2019)
2019-03-2916MOTION by Defendant United States Department of Education for summary judgment (Anderson, Susan) (Entered: 03/29/2019)
2019-03-2917MEMORANDUM by United States Department of Education in support of motion for summary judgment 16 (Anderson, Susan) (Entered: 03/29/2019)
2019-03-2918RULE 56.1 Statement by United States Department of Education regarding motion for summary judgment 16 (Attachments: # 1 Exhibit 1 (Pedersen Decl. w/Ex. A-D))(Anderson, Susan) (Entered: 03/29/2019)
2019-04-0119MINUTE entry before the Honorable Marvin E. Aspen: Motion for leave to file amended answer 15 is granted. Mailed notice (ags, ) (Entered: 04/01/2019)
2019-04-0820Amended ANSWER to Complaint by United States Department of Education(Anderson, Susan) (Entered: 04/08/2019)
2019-04-1621MOTION by Plaintiff Jona Goldschmidt for extension of time to file response/reply as to motion for summary judgment 16 (agreed) (Manchel, Brett) (Entered: 04/16/2019)
2019-04-1622NOTICE of Motion by Brett Adam Manchel for presentment of motion for extension of time to file response/reply 21 before Honorable Marvin E. Aspen on 5/2/2019 at 10:30 AM. (Manchel, Brett) (Entered: 04/16/2019)
2019-04-1823MINUTE entry before the Honorable Marvin E. Aspen: Motion for extension of time to file response 21 is granted. Plaintiff's response to the motion for summary judgment 16 is due by 5/9/2019; defendant's reply by 6/17/2019. Motion hearing date of 5/2/2019 is stricken. Status hearing set for 7/18/2019 is stricken and reset to 8/22/2019 at 10:30 a.m. Mailed notice (ags, ) (Entered: 04/18/2019)
2019-05-0924MEMORANDUM by Jona Goldschmidt in Opposition to motion for summary judgment 16 (Manchel, Brett) (Entered: 05/09/2019)
2019-05-0925RULE 56.1 Statement by Jona Goldschmidt in Opposition to Summary Judgment (Attachments: # 1 Affidavit Goldschmidt Affidavit & Exhibits, # 2 Affidavit Honig Affidavit, # 3 Exhibit Honig Exhibit A)(Manchel, Brett) (Entered: 05/09/2019)
2019-05-1626MOTION by Plaintiff Jona Goldschmidt to amend/correct memorandum in opposition to motion 24 , Rule 56 statement 25 (Attachments: # 1 Exhibit Amended Exhibit 3)(Manchel, Brett) (Entered: 05/16/2019)
2019-05-1627NOTICE of Motion by Brett Adam Manchel for presentment of motion to amend/correct 26 before Honorable Marvin E. Aspen on 5/23/2019 at 10:30 AM. (Manchel, Brett) (Entered: 05/16/2019)
2019-05-2028MINUTE entry before the Honorable Marvin E. Aspen: Plaintiff's motion for leave to file amended exhibit 26 is granted. Motion hearing date of 5/23/2019 is stricken. Mailed notice (ags, ) (Entered: 05/20/2019)
2019-05-2029AMENDED Rule 56 statement 25 (Amended Exhibit 3 to Goldschmidt Affidavit) (Attachments: # 1 Notice of Filing)(Manchel, Brett) (Entered: 05/20/2019)
2019-06-1330MOTION by Defendant United States Department of Education for extension of time to file response/reply as to motion for summary judgment 16 (Unopposed Motion for Extension of Time to Reply in Support of Summary Judgment) (Anderson, Susan) (Entered: 06/13/2019)
2019-06-1331NOTICE of Motion by Susan Willoughby Anderson for presentment of motion for extension of time to file response/reply, 30 before Honorable Marvin E. Aspen on 6/20/2019 at 10:30 AM. (Anderson, Susan) (Entered: 06/13/2019)
2019-06-1732MINUTE entry before the Honorable Marvin E. Aspen: Defendant's motion for extension of time to file reply 30 is granted. Defendant shall file the reply in support of their motion for summary judgment 16 by 7/17/2019. Motion hearing date of 6/20/2019 is stricken. Status hearing set for 8/22/2019 is stricken and reset to 10/17/2019 at 10:30 a.m. Mailed notice (ags, ) (Entered: 06/17/2019)
2019-07-1533MOTION by Defendant United States Department of Education for extension of time to file response/reply as to motion for summary judgment 16 (Second Motion for Extension of Time to File Reply) (Anderson, Susan) (Entered: 07/15/2019)
2019-07-1534NOTICE of Motion by Susan Willoughby Anderson for presentment of motion for extension of time to file response/reply 33 before Honorable Marvin E. Aspen on 7/18/2019 at 10:30 AM. (Anderson, Susan) (Entered: 07/15/2019)
2019-07-1635MINUTE entry before the Honorable Marvin E. Aspen: Motion for extension of time to file reply 33 is granted. Defendant may file a reply in support of its motion for summary judgment by 8/7/2019. Motion hearing date of 7/18/2019 is stricken. Mailed notice (ags, ) (Entered: 07/16/2019)
2019-08-0536MOTION by Defendant United States Department of Education for extension of time to file response/reply Unopposed Motion for Extension of Time to Reply in Support of Summary Judgment (Anderson, Susan) (Entered: 08/05/2019)
2019-08-0537NOTICE of Motion by Susan Willoughby Anderson for presentment of motion for extension of time to file response/reply 36 before Honorable Marvin E. Aspen on 8/8/2019 at 10:30 AM. (Anderson, Susan) (Entered: 08/05/2019)
2019-08-0638MINUTE entry before the Honorable Marvin E. Aspen: Unopposed motion for extension of time to file response 36 is granted. Response to the motion for summary judgment 16 is due 8/28/2019. Motion hearing date of 8/8/2019 is stricken. Status hearing date of 10/17/2019 is stricken and reset to 12/12/2019 at 10:30 a.m. Mailed notice (ags, ) (Entered: 08/06/2019)
2019-08-1939NOTICE of Voluntary Dismissal by Jona Goldschmidt pursuant to Settlement (Attachments: # 1 Exhibit Stipulation of Settlement)(Manchel, Brett) (Entered: 08/19/2019)
2019-08-2040MINUTE entry before the Honorable Marvin E. Aspen: Pursuant to the notice of voluntary dismissal 39 , this case is dismissed with prejudice with each party to bear its own costs and fees. Civil case terminated. Mailed notice (ags, ) (Entered: 08/20/2019)
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