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Case TitleDefense of Freedom Institute for Policy Studies, Inc. v. US Department of Education
DistrictMiddle District of Florida
CityOrlando
Case Number6:2023cv01695
Date Filed2023-09-05
Date Closed2024-03-19
JudgeJudge Paul G. Byron
PlaintiffDefense of Freedom Institute for Policy Studies, Inc.
Case DescriptionThe Defense of Freedom Institute for Policy Studies submitted two FOIA requests to the Department of Education for records concerning the agency's role in diluting the federal Desegregation of Public Education. The agency acknowledged receipt of the requests and told DFIPS that the requests were too broad to search. After hearing nothing further from the agency, DFIPS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS Department of Education
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-051COMPLAINT against Defense of Freedom Institute for Policy Studies, Inc. (Filing fee $402 receipt number AFLMDC-21213759) filed by Defense of Freedom Institute for Policy Studies, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibits A-1 through B-4)(Astor, Martha) (Entered: 09/05/2023)
2023-09-052NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-1695-RBD-EJK. (ARC) (Entered: 09/05/2023)
2023-09-053MOTION for Donald A. Daugherty, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21217009 for $150 by Defense of Freedom Institute for Policy Studies, Inc.. (Astor, Martha) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 09/05/2023)
2023-09-054NOTICE 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: 09/05/2023)
2023-09-055CORPORATE 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) (Entered: 09/05/2023)
2023-09-066ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 9/6/2023. (JOR) (Entered: 09/06/2023)
2023-09-067Remark: Doc. 5 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/6/2023. (JWG) (Entered: 09/06/2023)
2023-09-068SUMMONS issued as to US Department of Education. (ABC) (Entered: 09/06/2023)
2023-09-069ORDER granting 3 Plaintiff's Motion for Special Admission of Donald A. Daugherty, Jr. Signed by Magistrate Judge Embry J. Kidd on 9/6/2023. (RMN) (Entered: 09/06/2023)
2023-09-1110INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 9/11/2023. (ALL) (Entered: 09/11/2023)
2023-09-1811PROOF of service as to US Department of Education by Defense of Freedom Institute for Policy Studies, Inc. (Attachments: # 1 Mailing Envelope)(Astor, Martha) Modified text on 9/25/2023 (LNR). (Entered: 09/18/2023)
2023-10-1112NOTICE 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) Modified on 10/11/2023 (CTR). (Entered: 10/11/2023)
2023-10-1113MOTION to Dismiss 1 Complaint or, Alternatively, to Transfer Case 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)(Sowell, Robert) (Entered: 10/11/2023)
2023-10-2214Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss 1 Complaint or, Alternatively, to Transfer Case by Defense of Freedom Institute for Policy Studies, Inc.. (Astor, Martha) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 10/22/2023)
2023-10-2415NOTICE of WITHDRAWAL of motion re 14 Motion for Extension of Time to File Response/Replyfiled by Defense of Freedom Institute for Policy Studies, Inc. by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) (Entered: 10/24/2023)
2023-10-2416ENDORSED ORDER denying as moot 14 Motion for Extension of Time, in light of the 15 Notice of Withdrawal. Signed by Magistrate Judge Embry J. Kidd on 10/24/2023. (Kidd, Embry) (Entered: 10/24/2023)
2023-11-0117RESPONSE in Opposition re 13 MOTION to Dismiss 1 Complaint or, Alternatively, to Transfer Case filed by Defense of Freedom Institute for Policy Studies, Inc.. (Attachments: # 1 Declaration, # 2 Declaration)(Astor, Martha) (Entered: 11/01/2023)
2023-11-1618CERTIFICATE of interested persons and corporate disclosure statement re 10 Order by US Department of Education. (Sowell, Robert) (Entered: 11/16/2023)
2023-11-1619NOTICE of a related action per Local Rule 1.07(c) by US Department of Education. Related case(s): Yes (Sowell, Robert) (Entered: 11/16/2023)
2023-11-1820MOTION for Miscellaneous Relief, specifically For Leave to File Reply in Support of 13 Motion to Dismiss by All Defendants. (Sowell, Robert) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 11/18/2023)
2023-11-2021Remark: Doc. 18 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 11/20/2023. (JWG) (Entered: 11/20/2023)
2023-11-2022ENDORSED ORDER granting 20 Motion. Defendant may file a reply of no more than six pages by Wednesday, November 22, 2023. Signed by Judge Roy B. Dalton, Jr. on 11/20/2023. (LLM) (Entered: 11/20/2023)
2023-11-2123REPLY to Response to Motion re 13 MOTION to Dismiss 1 Complaint or, Alternatively, to Transfer Case filed by US Department of Education. (Sowell, Robert) (Entered: 11/21/2023)
2023-11-2824It is ORDERED that the parties are DIRECTED to file a joint Case Management Report no later than December 11, 2023. Signed by Judge Roy B. Dalton, Jr. on 11/27/2023. (ALL) (Entered: 11/28/2023)
2023-12-0125Time Sensitive MOTION for Miscellaneous Relief, specifically for Relief from Case Management Report Requirement or, Alternatively, for Rule 16(b) Scheduling Conference by All Defendants. (Sowell, Robert) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 12/01/2023)
2023-12-0426RESPONSE in Opposition re 25 Time Sensitive MOTION for Miscellaneous Relief, specifically for Relief from Case Management Report Requirement or, Alternatively, for Rule 16(b) Scheduling Conference filed by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) Modified text on 12/5/2023 (GL). (Entered: 12/04/2023)
2023-12-0427ORDER pursuant to Local Rule 1.05(a), the Court orderes this case be TRANSFERRED to U.S. District Judge Paul G. Byron, with his consent, in light of Case No. 6:23-cv-1515-PGB-EJK. Signed by Judge Roy B. Dalton, Jr. on 12/4/2023. (RPB) (Entered: 12/04/2023)
2023-12-0428Case Reassigned to Judge Paul G. Byron. New case number: 6:23-cv-1695-PGB-EJK. Judge Roy B. Dalton, Jr. no longer assigned to the case. (RPB) (Entered: 12/04/2023)
2023-12-0529ORDER granting 25 Time-Sensitive Motion for Relief from Case Management Report Requirement. The parties are relieved from their obligation to file a joint Case Management Report until further Order of the Court. See Order for further details. Signed by Judge Paul G. Byron on 12/5/2023. (Entered: 12/05/2023)
2024-03-1930ORDER granting 13 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)
2024-03-1931CASE ELECTRONICALLY TRANSFERRED to the District of Columbia. (RN) (Entered: 03/21/2024)
2024-03-22Acknowledgment - Transferred case has been opened in the District of Columbia as case 1:24-cv-816, filed on 3/21/2024. (RPB) (Entered: 03/22/2024)
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by FOIA Project Staff
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