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Case TitleNATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01492
Date Filed2019-05-22
Date Closed2021-12-13
JudgeJudge Carl J. Nichols
PlaintiffNATIONAL STUDENT LEGAL DEFENSE NETWORK
Case DescriptionThe National Student Legal Defense Network submitted two FOIA requests to the Department of Education for records. The first request asked for Program Participation Agreements between the agency and the Art Institute of Houston and several other art institutes. NSLDN also requested a fee waiver. The agency acknowledged receipt of the request and granted NSLDN's request for a fee waiver. NSLDN submitted a second FOIA request for records concerning letters of credit posted by any schools owned or operated by Dream Center Foundation or Dream Center Educational Holdings. The agency acknowledged receipt of that request as well. However, after hearing nothing further from the agency pertaining to either request, NSLDN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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

2019-05-221COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-6138793) filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McGrath, Daniel) (Entered: 05/22/2019)
2019-05-222LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL STUDENT LEGAL DEFENSE NETWORK (McGrath, Daniel) (Entered: 05/22/2019)
2019-05-22Case Assigned to Judge James E. Boasberg. (zef, ) (Entered: 05/22/2019)
2019-05-223SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/22/2019)
2019-05-314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 6/21/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/28/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 5/28/2019 (McGrath, Daniel) (Entered: 05/31/2019)
2019-06-035NOTICE of Appearance by Alexander S. Elson on behalf of NATIONAL STUDENT LEGAL DEFENSE NETWORK (Elson, Alexander) (Entered: 06/03/2019)
2019-06-116NOTICE of Appearance by Eric Rothschild on behalf of All Plaintiffs (Rothschild, Eric) (Entered: 06/11/2019)
2019-06-217NOTICE of Appearance by Diana Viggiano Valdivia on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Valdivia, Diana) (Entered: 06/21/2019)
2019-06-218ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit K)(Valdivia, Diana) (Entered: 06/21/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge James E. Boasberg is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-08-13MINUTE 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 September 11, 2019. 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. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Joint Status Report due by 9/11/2019. (mac) (Entered: 08/14/2019)
2019-09-119Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 09/11/2019)
2019-09-12MINUTE ORDER. Upon consideration of Defendant's Consent Motion for Extension of Time, it is hereby ORDERED that the Parties shall file their Joint Status Report on September 12, 2019. Signed by Judge Carl J. Nichols on September 12, 2019. (lccjn1) (Entered: 09/12/2019)
2019-09-12Set/Reset Deadlines/Hearings: Joint Status Report due by 9/12/2019. (zcdw) (Entered: 09/12/2019)
2019-09-1210Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 09/12/2019)
2019-09-13MINUTE ORDER. In light of the Parties' 10 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before October 10, 2019. Signed by Judge Carl J. Nichols on September 13, 2019. (lccjn1) (Entered: 09/13/2019)
2019-09-13Set/Reset Deadlines/Hearings: Joint Status Report due by 10/10/2019. (zcdw) (Entered: 09/17/2019)
2019-10-1011Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 10/10/2019)
2019-10-15MINUTE ORDER. In light of the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before November 13, 2019. Signed by Judge Carl J. Nichols on October 15, 2019. (lccjn1) (Entered: 10/15/2019)
2019-10-15Set/Reset Deadlines/Hearings: Joint Status Report due by 11/13/2019. (zcdw) (Entered: 10/17/2019)
2019-11-1312Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 11/13/2019)
2019-11-14MINUTE ORDER. In light of the Parties' 12 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before January 13, 2020. Signed by Judge Carl J. Nichols on November 14, 2019. (lccjn1) (Entered: 11/14/2019)
2019-11-14Set/Reset Deadlines/Hearings: Joint Status Report due by 1/13/2020. (zcdw) (Entered: 11/16/2019)
2020-01-1313STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 01/13/2020)
2020-01-14MINUTE ORDER. In light of the Plaintiff's 13 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before March 13, 2020. Signed by Judge Carl J. Nichols on January 14, 2020. (lccjn1) (Entered: 01/14/2020)
2020-01-14Set/Reset Deadlines/Hearings: Joint Status Report due by 3/13/2020.(zcdw) (Entered: 01/15/2020)
2020-02-2714STANDING ORDER. Signed by Judge Carl J. Nichols on February 27, 2020. (lccjn1) (Entered: 02/27/2020)
2020-03-1315Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 03/13/2020)
2020-03-16MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before May 13, 2020, and every sixty days thereafter until Defendant has completed its processing of records potentially responsive to Plaintiff's FOIA request. Signed by Judge Carl J. Nichols on March 16, 2020. (lccjn1) (Entered: 03/16/2020)
2020-05-1316Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 05/13/2020)
2020-05-14MINUTE ORDER. In light of the Parties' 16 Joint Status Report and consistent with the Court's March 16, 2020 Minute Order, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before July 13, 2020. Signed by Judge Carl J. Nichols on May 14, 2020. (lccjn1) (Entered: 05/14/2020)
2020-05-14Set/Reset Deadlines/Hearings: Joint Status Report due by 7/13/2020. (zcdw) (Entered: 05/14/2020)
2020-07-1317Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 07/13/2020)
2020-07-15MINUTE ORDER. In light of the Parties' 17 Joint Status Report and consistent with the Court's March 16, 2020 Minute Order, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before September 11, 2020. Signed by Judge Carl J. Nichols on July 15, 2020. (lccjn1) (Entered: 07/15/2020)
2020-07-15Set/Reset Deadlines: Joint Status Report due by 9/11/2020. (zcal) (Entered: 07/15/2020)
2020-09-1118Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (McGrath, Daniel) (Entered: 09/11/2020)
2020-09-16MINUTE ORDER. In light of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before November 10, 2020. Signed by Judge Carl J. Nichols on September 16, 2020. (lccjn1) (Entered: 09/16/2020)
2020-09-16Set/Reset Deadlines: Joint Status Report due by 11/10/2020. (zcal) (Entered: 09/17/2020)
2020-11-1319Joint MOTION for Extension of Time to File Joint Status Report, Nunc Pro Tunc by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 11/13/2020)
2020-11-1320Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 11/13/2020)
2020-11-16MINUTE ORDER. After review of the Parties' 19 Joint Motion for Extension of Time to File Joint Status Report Nunc Pro Tunc , it is hereby ORDERED that the Motion is GRANTED. Furthermore, after review of the Parties' 20 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by January 11, 2021. Signed by Judge Carl J. Nichols on November 16, 2020. (lccjn1) (Entered: 11/16/2020)
2020-11-16Set/Reset Deadlines: Joint Status Report due by 1/11/2021. (zcal) (Entered: 11/16/2020)
2021-01-1121Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 01/11/2021)
2021-01-29MINUTE ORDER. After a review of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional status report by March 12, 2021. Signed by Judge Carl J. Nichols on January 29, 2021. (lccjn1) (Entered: 01/29/2021)
2021-01-29Set/Reset Deadlines: Status Report due by 3/12/2021. (zcal) (Entered: 01/29/2021)
2021-03-1222Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 03/12/2021)
2021-04-2823NOTICE of Appearance by Sara Kaiser Creighton on behalf of NATIONAL STUDENT LEGAL DEFENSE NETWORK (Creighton, Sara) (Main Document 23 replaced on 4/30/2021) (zeg). (Entered: 04/28/2021)
2021-04-2924NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL STUDENT LEGAL DEFENSE NETWORK. Attorney Daniel Alexander McGrath terminated. (McGrath, Daniel) (Entered: 04/29/2021)
2021-05-1125Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 05/11/2021)
2021-06-1426Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Creighton, Sara) (Entered: 06/14/2021)
2021-06-23MINUTE ORDER. After review of the Parties' 26 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by July 14, 2021. Signed by Judge Carl J. Nichols on June 23, 2021. (lccjn1) (Entered: 06/23/2021)
2021-06-23Set/Reset Deadlines: Joint Status Report due by 7/14/2021. (zcal) (Entered: 06/24/2021)
2021-06-3027NOTICE of Appearance by Emma Lewis on behalf of NATIONAL STUDENT LEGAL DEFENSE NETWORK (Lewis, Emma) (Main Document 27 replaced on 7/2/2021) (zeg). (Entered: 06/30/2021)
2021-06-3028NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL STUDENT LEGAL DEFENSE NETWORK. Attorney Sara Kaiser Creighton terminated. (Creighton, Sara) (Entered: 06/30/2021)
2021-07-1429Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 07/14/2021)
2021-08-30MINUTE ORDER. After review of the Parties' 29 Joint Status Report, it is hereby ORDERED that the parties shall file an additional joint status report by August 31, 2021. Signed by Judge Carl J. Nichols on August 30, 2021. (lccjn1) (Entered: 08/30/2021)
2021-08-30Set/Reset Deadlines: Joint Status Report due by 8/31/2021. (zcal) (Entered: 09/01/2021)
2021-08-3130Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Lewis, Emma) (Entered: 08/31/2021)
2021-10-1231Consent MOTION for Extension of Time to file Joint Status Report by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 10/12/2021)
2021-10-13MINUTE ORDER. Upon consideration of Defendants' 31 Consent Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the Parties shall file an additional joint status report by November 11, 2021, unless the case has been dismissed prior to that date. Signed by Judge Carl J. Nichols on October 13, 2021. (lccjn1) (Entered: 10/13/2021)
2021-10-13Set/Reset Deadlines: Joint Status Report due by 11/11/2021. (zcal) (Entered: 10/14/2021)
2021-11-1132Joint STATUS REPORT by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Lewis, Emma) (Entered: 11/11/2021)
2021-11-15MINUTE ORDER. Upon review of the 32 Joint Status Report, it is ORDERED the Parties shall file another joint status report on or before December 10, 2021, if the case has not been dismissed prior to that date. Signed by Judge Carl J. Nichols on November 15, 2021. (lccjn1) (Entered: 11/15/2021)
2021-11-15Set/Reset Deadlines: Joint Status Report due by 12/10/2021. (zcal) (Entered: 11/16/2021)
2021-12-1033STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF EDUCATION. (Valdivia, Diana) (Entered: 12/10/2021)
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