| Date Filed | Doc # | Docket Text |
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| 2021-06-30 | 1 | COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 402 receipt number ADCDC-8565880) filed by BADER FAMILY FOUNDATION. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons for the U.S. Attorney, # 3 Summons for the Agency, # 4 Summons for the Attorney General)(Bader, Hans) (Entered: 06/30/2021) |
| 2021-06-30 | | Case Assigned to Judge Dabney L. Friedrich. (adh, ) (Entered: 06/30/2021) |
| 2021-06-30 | 2 | SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 06/30/2021) |
| 2021-06-30 | 3 | AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION filed by BADER FAMILY FOUNDATION.(Bader, Hans) (Entered: 06/30/2021) |
| 2021-06-30 | 4 | STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on June 30, 2021. (lcdlf1) (Entered: 06/30/2021) |
| 2021-07-12 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/6/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 8/05/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 7/6/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/6/2021. (Bader, Hans) Modified serve/due date for U.S. Attorney on 7/14/2021 (eg). (Entered: 07/12/2021) |
| 2021-07-25 | 6 | NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 07/25/2021) |
| 2021-08-02 | 7 | ANSWER to 3 Amended Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Molen, Kathleene) (Entered: 08/02/2021) |
| 2021-08-03 | | MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The parties shall file the joint status report on or before August 24, 2021. So Ordered by Judge Dabney L. Friedrich on August 3, 2021. (lcdlf1) (Entered: 08/03/2021) |
| 2021-08-03 | | Set/Reset Deadlines: Status Report due by 8/24/2021 (zjch) (Entered: 08/04/2021) |
| 2021-08-10 | 8 | NOTICE of Appearance by Stephanie R. Johnson on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Johnson, Stephanie) (Entered: 08/10/2021) |
| 2021-08-11 | 9 | NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF EDUCATION. Attorney Stephanie R. Johnson terminated. (Johnson, Stephanie) (Entered: 08/11/2021) |
| 2021-08-24 | 10 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Molen, Kathleene) (Entered: 08/24/2021) |
| 2021-08-25 | | MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 24, 2021. So Ordered by Judge Dabney L. Friedrich on August 25, 2021. (lcdlf1) (Entered: 08/25/2021) |
| 2021-09-24 | 11 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 09/24/2021) |
| 2021-09-28 | | MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the government shall file any motion for summary judgment on or before October 29, 2021; the plaintiff shall file any response to the government's motion and any cross-motion for summary judgment on or before November 29, 2021; the government shall file any reply in support of its initial motion and any response to the plaintiff's motion on or before December 10, 2021; and the plaintiff shall file any reply in support of its motion on or before December 17, 2021. So Ordered by Judge Dabney L. Friedrich on September 28, 2021. (lcdlf1) (Entered: 09/28/2021) |
| 2021-10-29 | 12 | MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Kristine Minami, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/29/2021) |
| 2021-11-02 | 13 | NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of UNITED STATES DEPARTMENT OF EDUCATION Substituting for attorney Kathleene Molen (Dreier, Douglas) (Entered: 11/02/2021) |
| 2021-11-19 | 14 | Memorandum in opposition to re 12 MOTION for Summary Judgment filed by BADER FAMILY FOUNDATION. (Attachments: # 1 Statement of Facts Plaintiff's Statement of Genuine Issues of Material Fact, # 2 Declaration of Hans Bader, # 3 Declaration of James P. Scanlan, # 4 Text of Proposed Order)(Bader, Hans) (Entered: 11/19/2021) |
| 2021-11-19 | 15 | MOTION for Summary Judgment by BADER FAMILY FOUNDATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Plaintiff's Statement of Material Facts As to Which There Is No Genuine Issue, # 3 Text of Proposed Order)(Bader, Hans) (Entered: 11/19/2021) |
| 2021-12-10 | 16 | Memorandum in opposition to re 15 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Statement of Facts Response to Statement of Facts, # 2 Exhibit E, # 3 Text of Proposed Order)(Dreier, Douglas) (Entered: 12/10/2021) |
| 2021-12-10 | 17 | REPLY to opposition to motion re 12 MOTION for Summary Judgment (duplicate of ECF No. 16) filed by UNITED STATES DEPARTMENT OF EDUCATION. (Dreier, Douglas) (Entered: 12/10/2021) |
| 2021-12-17 | 18 | REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by BADER FAMILY FOUNDATION. (Attachments: # 1 Declaration Supplemental Declaration of Hans Bader)(Bader, Hans) (Entered: 12/17/2021) |
| 2021-12-17 | 19 | DECLARATION corrected Supplemental Declaration of Hans Bader corrected to fix typographical error below signature by BADER FAMILY FOUNDATION re 18 Reply to opposition to Motion filed by BADER FAMILY FOUNDATION. (Bader, Hans) (Entered: 12/17/2021) |
| 2022-04-05 | | MINUTE ORDER. Upon review of the record, including the government's mention of a possible "imprecision" in its declaration, Dkt. 16, at 15 n.2, the Court finds that a Vaughn index would promote "adequate adversary testing" of the parties' claims, Vaughn v. Rosen, 484 F.2d 820, 828 (D.C. Cir. 1973). Accordingly, the government is ordered to file a Vaughn index on or before April 26, 2022. In addition, in the event that the government identifies an error in its declaration, it is ordered to file a supplementary declaration by that same deadline. So Ordered by Judge Dabney L. Friedrich on April 5, 2022. (lcdlf1) (Entered: 04/05/2022) |
| 2022-04-21 | 20 | NOTICE Regarding Supporting Documents by UNITED STATES DEPARTMENT OF EDUCATION re Order,,, Set Deadlines,, (Attachments: # 1 Supplement Vaughn Index, # 2 Declaration of Kristine Minami)(Dreier, Douglas) (Entered: 04/21/2022) |
| 2022-09-20 | 21 | ORDER granting in part and denying in part the defendant's 12 Motion for Summary Judgment, and granting in part and denying in part the plaintiff's 15 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on September 20, 2022. (lcdlf1) (Entered: 09/20/2022) |
| 2022-09-20 | 22 | MEMORANDUM OPINION regarding the defendant's 12 Motion for Summary Judgment and the plaintiff's 15 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on September 20, 2022. (lcdlf1) (Entered: 09/20/2022) |
| 2022-10-04 | 23 | NOTICE of Filing Declarations by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Declaration of Kristin Delbridge, # 2 Declaration of Suzanne Goldberg)(Dreier, Douglas) (Entered: 10/04/2022) |
| 2022-10-04 | 24 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Dreier, Douglas) (Entered: 10/04/2022) |
| 2022-10-04 | | MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 18, 2022. So Ordered by Judge Dabney L. Friedrich on October 4, 2022. (lcdlf1) (Entered: 10/04/2022) |
| 2022-10-05 | 25 | DECLARATION of Hans Bader by BADER FAMILY FOUNDATION. (Bader, Hans) (Entered: 10/05/2022) |
| 2022-10-05 | | MINUTE ORDER. Upon consideration of the defendant's 23 -2 Declaration of Suzanne Goldberg and the plaintiff's 25 Declaration of Hans Bader, the defendant is ORDERED to supplement, on or before October 18, 2022, Goldberg's declaration by addressing the specific inquiry set forth in the Court's Memorandum Opinion: whether Goldberg ever used her non-government email account for official business. See Mem. Op. at 12, Dkt. 22 (requiring the defendant to address "whether Goldberg's school email account was used, even sporadically, for official business"). The declaration that the defendant has provided, Dkt. 23 -2, is not fully responsive to the Court's directive as it states only that Goldberg did not use her non-government email account (and/or complied with forwarding procedures) with respect to emails "concerning school discipline and/or school disciplinary policies." See Goldberg Decl. at 2. The Court, however, posed a broader question in its Memorandum Opinion, Dkt. 22 at 12, because if Goldberg used her personal email account for official business, even official business unrelated to school discipline or disciplinary policies, the account is subject to a search under FOIA. See Brennan Ctr. for Just. at N.Y. Univ. Sch. of L. v. DOJ , 377 F. Supp. 3d 428, 435-36 (2019), Democracy Forward Found. v. U.S. Dep't of Com. , 474 F. Supp. 3d 69, 74 (D.D.C. 2020) ("[E]ven evidence of a single agency record on a personal account is sufficient to raise a question of compliance with recordkeeping obligations, rendering the presumption of compliance inapplicable." (quotation marks omitted)). The defendant's continued resistance on this issue "speaks volumes." Mem. Op. at 11 (quotation marks omitted). Accordingly, the defendant shall supplement the record with another declaration from Goldberg that is fully responsive to the Court's order. So Ordered by Judge Dabney L. Friedrich on October 5, 2022. (lcdlf1) (Entered: 10/05/2022) |
| 2022-10-18 | 26 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Dreier, Douglas) (Entered: 10/18/2022) |
| 2022-10-18 | 27 | NOTICE of Filing Declaration by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Declaration of Suzanne Goldberg)(Dreier, Douglas) (Entered: 10/18/2022) |
| 2022-10-18 | | MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 25, 2022. So Ordered by Judge Dabney L. Friedrich on October 18, 2022. (lcdlf1) (Entered: 10/18/2022) |
| 2022-10-25 | 28 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Dreier, Douglas) (Entered: 10/25/2022) |
| 2022-10-26 | 29 | ERRATA to plaintiff's portion of October 25, 2022 Joint Status Report by BADER FAMILY FOUNDATION. (Bader, Hans) (Entered: 10/26/2022) |
| 2022-10-26 | | MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 22, 2022. The Court declines to address the plaintiff's arguments as to the adequacy of the search at this time. The defendant has not yet completed production of records responsive to the plaintiff's FOIA request, see Joint Status Report 12, and the Court will not engage in piecemeal litigation while production is actively ongoing. So Ordered by Judge Dabney L. Friedrich on October 26, 2022. (lcdlf1) (Entered: 10/26/2022) |
| 2022-11-18 | 30 | STIPULATION of Dismissal with Prejudice by UNITED STATES DEPARTMENT OF EDUCATION. (Dreier, Douglas) (Entered: 11/18/2022) |
| 2022-11-21 | | MINUTE ORDER. In light of the parties' 30 Stipulation of Dismissal, the plaintiff's claims against the defendant are DISMISSED with prejudice. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on November 21, 2022. (lcdlf1) (Entered: 11/21/2022) |
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