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Case TitleDefense of Freedom Institute for Policy Studies, Inc. v. US Department of Education et al
DistrictMiddle District of Florida
CityOrlando
Case Number6:2023cv01515
Date Filed2023-08-09
Date Closed2024-03-21
JudgeJudge Paul G. Byron
PlaintiffDefense of Freedom Institute for Policy Studies, Inc.
Case DescriptionThe Defense of Freedom Institute for Policy Studies submitted three FOIA requests to the Department of Education for records. DFI's first FOIA request asked for records related to the Department's enforcement of Section 117, which requires colleges and universities to report biannually to the Department foreign source gifts and contracts with an annual value of more that $250,000. DFI also requested a fee waiver. The agency acknowledged receipt of the request but denied DFI's request for a fee waiver. DFI filed an administrative appeal of the denial of its fee waiver request. The agency reversed its decision and granted DFI's fee waiver. DFI heard nothing further. DFI submitted a second request to OMB for records similar to its request to the Department of Education. OMB acknowledged receipt of the request but DFI heard nothing further from OMB. DFI's third FOIA request to the Department for similar records with somewhat more specifics. The agency acknowledged receipt of the request but after hearing nothing further from either agency, DFI filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Education
DefendantThe White House Office of Management and Budget
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [37]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-091COMPLAINT against All Defendants (Filing fee $402 receipt number AFLMDC-21129445) filed by Defense of Freedom Institute for Policy Studies, Inc . (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 All Exhibits)(Astor, Martha) Modified to edit docket text on 8/10/2023 (RLK). (Entered: 08/09/2023)
2023-08-092NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-01515-PGB-EJK. (JG) (Entered: 08/09/2023)
2023-08-093NOTICE TO COUNSEL Donald A. Daugherty, Jr. of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JG) (Entered: 08/09/2023)
2023-08-104SUMMONS issued as to The White House Office of Management and Budget, U.S. Department of Education. (RLK) (Entered: 08/10/2023)
2023-08-105INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 8/10/2023. (KM) (Entered: 08/10/2023)
2023-08-106ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 8/10/2023. (JOR) (Entered: 08/10/2023)
2023-08-157First MOTION for Donald A. Daugherty, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21148431 for $150 by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 08/15/2023)
2023-08-158Amended MOTION for Donald A. Daugherty, Jr. to appear pro hac vice by Defense of Freedom Institute for Policy Studies, Inc.. (Astor, Martha) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 08/15/2023)
2023-08-169ENDORSED ORDER denying without prejudice 8 Amended Motion for Donald A. Daugherty, Jr. to Appear Pro Hac Vice; denying as moot 7 Motion for Donald A. Daugherty, Jr. to Appear Pro Hac Vice. The Court expects attorneys seeking admission to practice before it to be familiar with and to follow all of the Federal Rules of Civil Procedure and the Local Rules. See Local Rule 2.01(b)(1)(D). Despite certifying his knowledge of these rules, Attorney Daugherty's Motion does not comply with the signature requirements set forth in Federal Rule of Civil Procedure 11(a). Additionally, counsel should review Local Rule 1.08 for the Court's formatting requirements for motions. Signed by Magistrate Judge Embry J. Kidd on 8/16/2023. (RMN) (Entered: 08/16/2023)
2023-08-1610Second MOTION for Donald A. Daugherty, Jr. to appear pro hac vice by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 08/16/2023)
2023-08-1611NOTICE of WITHDRAWAL of motion re 7 Motion to Appearfiled by Defense of Freedom Institute for Policy Studies, Inc. by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) (Entered: 08/16/2023)
2023-08-1712ORDER granting 10 Plaintiff's Second Motion for Special Admission of Donald A. Daugherty, Jr. Signed by Magistrate Judge Embry J. Kidd on 8/17/2023. (RMN) (Entered: 08/17/2023)
2023-08-2413CERTIFICATE of interested persons and corporate disclosure statement by Defense of Freedom Institute for Policy Studies, Inc. identifying Corporate Parent Defense of Freedom Institute for Policy Studies, Inc. for Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) Modified text on 8/24/2023 (MCB). (Entered: 08/24/2023)
2023-08-2414NOTICE of a related action per Local Rule 1.07(c) by Defense of Freedom Institute for Policy Studies, Inc. Related case(s): No (Astor, Martha) Modified text on 8/24/2023 (MCB). (Entered: 08/24/2023)
2023-09-0817RETURN of service executed on 8/17/2023 by Defense of Freedom Institute for Policy Studies, Inc. as to U.S. Department of Education. (Attachments: # 1 Proof of Service, # 2 Proof of Mailing)(Astor, Martha) Modified on 9/8/2023 (SPM). (Entered: 09/08/2023)
2023-09-2018Unopposed MOTION for Extension of Time to File Response to 1 Complaint by All Defendants. (Sowell, Robert) (Entered: 09/20/2023)
2023-09-2819CERTIFICATE of Interested Persons and Corporate Disclosure Statement by The White House Office of Management and Budget, U.S. Department of Education. (Sowell, Robert) Modified text on 9/29/2023 (GL). (Entered: 09/28/2023)
2023-09-2820NOTICE of a related action per Local Rule 1.07(c) by The White House Office of Management and Budget, U.S. Department of Education. Related case(s): Yes. (Sowell, Robert) Modified text on 9/29/2023 (GL). (Entered: 09/28/2023)
2023-09-2921NOTICE TO COUNSEL Martha Astor and Donald Albert Daugherty, Jr. of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (GL) (Entered: 09/29/2023)
2023-10-0322ENDORSED ORDER granting 18 Motion for Extension of Time. Defendants may have until and through October 5, 2023, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 10/3/2023. (Kidd, Embry) (Entered: 10/03/2023)
2023-10-04Set/reset deadlines/hearings: Answer due by 10/5/2023. (ARL) (Entered: 10/04/2023)
2023-10-0423NOTICE of Lead Counsel Designation by Martha Astor on behalf of Defense of Freedom Institute for Policy Studies, Inc. Lead Counsel: Martha A. Astor. (Astor, Martha) (Entered: 10/04/2023)
2023-10-0424NOTICE TO COUNSEL Martha Astor of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (ARL) (Entered: 10/04/2023)
2023-10-0525ANSWER and affirmative defenses to 1 Complaint by The White House Office of Management and Budget, U.S. Department of Education.(Sowell, Robert) (Entered: 10/05/2023)
2023-10-2326MOTION to Dismiss 1 Complaint Pursuant to 28 U.S.C. 1406 or, Alternatively, to Transfer by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Sowell, Robert) . Added MOTION to Change Venue / Transfer Case on 10/23/2023 (AJS). (Entered: 10/23/2023)
2023-10-2527MOTION for Miscellaneous Relief, specifically for Rule 16(b) Scheduling Conference by All Defendants. (Sowell, Robert) (Entered: 10/25/2023)
2023-11-0328NOTICE by Defense of Freedom Institute for Policy Studies, Inc. re 27 MOTION for Miscellaneous Relief, specifically for Rule 16(b) Scheduling Conference (Astor, Martha) (Entered: 11/03/2023)
2023-11-0729Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss 1 Complaint Pursuant to 28 U.S.C. 1406 or, Alternatively, to Transfer MOTION to Change Venue / Transfer Case by Defense of Freedom Institute for Policy Studies, Inc.. (Astor, Martha) (Entered: 11/07/2023)
2023-11-0730ENDORSED ORDER granting 29 Motion for Extension of Time to File Response to Motion to Dismiss or, Alternatively, to Transfer. On or before November 16, 2023, Plaintiff shall respond to 26 Motion to Dismiss or, Alternatively, to Transfer. Signed by Judge Paul G. Byron on 11/7/2023. (ABP) (Entered: 11/07/2023)
2023-11-0831RESPONSE in Opposition re 27 MOTION for Miscellaneous Relief, specifically for Rule 16(b) Scheduling Conference filed by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) Modified on 11/9/2023 to edit text (ELM). (Entered: 11/08/2023)
2023-11-1332ORDER granting in part and denying in part 27 Motion for Rule 16(b) Scheduling Conference. See Order for details. Signed by Judge Paul G. Byron on 11/13/2023. (ABP) (Entered: 11/13/2023)
2023-11-1633RESPONSE in Opposition re 26 MOTION to Dismiss 1 Complaint Pursuant to 28 U.S.C. 1406 or, Alternatively, to Transfer MOTION to Change Venue / Transfer Case filed by Defense of Freedom Institute for Policy Studies, Inc. (Attachments: # 1 Declaration, # 2 Declaration)(Astor, Martha) (Entered: 11/16/2023)
2023-11-1834MOTION for Leave to File Reply In Support of 26 Motion to Dismiss by All Defendants. (Sowell, Robert) Modified motion relief on 11/20/2023 (AJS). (Entered: 11/18/2023)
2023-11-2035ENDORSED ORDER denying 34 Motion for Leave to File Reply. The Court does not require the benefit of further briefing at this time. However, if additional briefing is deemed necessary in the future, the Court will direct the parties to file accordingly at the appropriate time. Signed by Judge Paul G. Byron on 11/20/2023. (ABP) (Entered: 11/20/2023)
2023-11-2036NOTICE of a related action per Local Rule 1.07(c) by Defense of Freedom Institute for Policy Studies, Inc. Related case(s): Yes (Astor, Martha) (Entered: 11/20/2023)
2024-03-1937ORDER granting 26 Motion to Dismiss for Improper Venue. The Clerk of Court is DIRECTED to transfer this matter to the District Court for the District of Columbia, where venue properly lies pursuant to 5 U.S.C. § 552(a)(4)(B), and close the case. See Order for further details. Signed by Judge Paul G. Byron on 3/19/2024. (ABD) (Entered: 03/19/2024)
2024-03-2138CASE ELECTRONICALLY TRANSFERRED to the District of Columbia. (RPB) (Entered: 03/21/2024)
2024-03-21Acknowledgment - Transferred case has been opened in the District of Columbia as case 1:24-cv-814, filed on 3/21/2024. (RPB) (Entered: 03/21/2024)
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