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Case TitleBarry Goldwater Institute for Public Policy Research v. United States Department of Education
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2024cv00314
Date Filed2024-02-14
Date ClosedOpen
JudgeSenior Judge Stephen M McNamee
PlaintiffBarry Goldwater Institute for Public Policy Research
Case DescriptionThe Barry Goldwater Institute for Public Policy Research submitted a FOIA request to the Department of Education for records concerning communications pertaining to fines under the Higher Education Act as that relates to Grand Canyon University. The Goldwater Institute also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request for expedited processing. The agency told the Goldwater Institute that it had located 7,000 responsive records and the cost for processing the request would incur $2,099 in fees. The Goldwater Institute asked the agency if its fee waiver request had been granted. The agency then indicated that it had granted the fee waiver request. However, after hearing nothing further from the agency, the Goldwater Institute filed suit.
Complaint issues: Adequacy - Search, Expedited processing, Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Department of Education named as: U.S. Department of Education
Documents
Docket
Complaint
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Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-141COMPLAINT. Filing fee received: $405.00, receipt number AAZDC-22754891 filed by Barry Goldwater Institute for Public Policy Research. (submitted by Jonathan Riches) (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 J, # 11 Exhibit K, # 12 Civil Cover Sheet)(REK) (Entered: 02/14/2024)
2024-02-142Corporate Disclosure Statement by Barry Goldwater Institute for Public Policy Research. (submitted by Jonathan Riches) (REK) (Entered: 02/14/2024)
2024-02-143SUMMONS Submitted by Barry Goldwater Institute for Public Policy Research. (submitted by Jonathan Riches) (REK) (Entered: 02/14/2024)
2024-02-144Filing fee paid, receipt number AAZDC-22754891. This case has been assigned to the Honorable Stephen M McNamee. All future pleadings or documents should bear the correct case number: CV-24-00314-PHX-SMM. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 02/14/2024)
2024-02-145Summons Issued as to United States Department of Education. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/14/2024)
2024-02-146NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Barry Goldwater Institute for Public Policy Research. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 02/14/2024)
2024-02-207SERVICE EXECUTED filed by Barry Goldwater Institute for Public Policy Research: Affidavit of Process re: Summons & Complaint to US Department of Education upon US Attorneys Office on 02/14/2024. (Skankey, Stacy) (Entered: 02/20/2024)
2024-03-088First MOTION for Extension of Time to File Answer re: 1 Complaint, (Unopposed) by United States Department of Education. (Attachments: # 1 Proposed Order)(Gray, Victoria) (Entered: 03/08/2024)
2024-03-119ORDER granting the Motion 8 . IT IS FURTHER ORDERED allowing Defendant up to and including April 19, 2024 to file an answer or otherwise respond to Plaintiff's Complaint. Signed by Senior Judge Stephen M McNamee on 3/11/24. (KLG) (Entered: 03/11/2024)
2024-04-0910Second MOTION for Extension of Time to File Answer re: 1 Complaint, (Unopposed) by United States Department of Education. (Attachments: # 1 Proposed Order)(Gray, Victoria) (Entered: 04/09/2024)
2024-04-1211ORDER granting the Motion to Extend Responsive Pleading Deadline (Doc. 10 ). IT IS FURTHER ORDERED allowing Defendant up to and including 5/17/2024 to file an answer or otherwise respond to Plaintiff's complaint. Signed by Senior Judge Stephen M McNamee on 4/12/2024. (KJ) (Entered: 04/12/2024)
2024-04-2912Joint MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by Barry Goldwater Institute for Public Policy Research. (Attachments: # 1 Proposed Order)(Skankey, Stacy) (Entered: 04/29/2024)
2024-04-2913ORDER granting the Joint Motion. (Doc. 12 ). Plaintiff may file an Amended Complaint by no later than Friday, 5/3/2024. Defendant has until Friday, 5/24/2024 to file an Answer or otherwise respond to the Amended Complaint. Signed by Senior Judge Stephen M McNamee on 4/29/2024. (KJ) (Entered: 04/29/2024)
2024-05-0314AMENDED COMPLAINT against United States Department of Education filed by Barry Goldwater Institute for Public Policy Research. (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 J, # 11 Exhibit K, # 12 Exhibit L Part 1, # 13 Exhibit L Part 2, # 14 Exhibit L Part 3, # 15 Exhibit L Part 4, # 16 Exhibit L Part 5, # 17 Exhibit L Part 6, # 18 Exhibit L Part 7, # 19 Exhibit L Part 8, # 20 Exhibit L Part 9, # 21 Exhibit L Part 10, # 22 Exhibit M)(Skankey, Stacy) (Entered: 05/03/2024)
2024-05-0315NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Barry Goldwater Institute for Public Policy Research . (Attachments: # 1 Attachment Redlined First Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L Part 1, # 14 Exhibit L Part 2, # 15 Exhibit L Part 3, # 16 Exhibit L Part 4, # 17 Exhibit L Part 5, # 18 Exhibit L Part 6, # 19 Exhibit L Part 7, # 20 Exhibit L Part 8, # 21 Exhibit L Part 9, # 22 Exhibit L Part 10, # 23 Exhibit M)(Skankey, Stacy) (Entered: 05/03/2024)
2024-05-2416ANSWER to 14 Amended Complaint,, by United States Department of Education.(Gray, Victoria) (Entered: 05/24/2024)
2024-05-2417SCHEDULING ORDER: The deadline for filing dispositive motions will be Wednesday, 9/4/2024. If no dispositive motions have been filed, the parties shall file a written joint status report with the Court on this date. If neither a dispositive motion nor a joint status report has been filed by the above date, the Court will dismiss this case without further notice or will provide other such relief as the Court deems appropriate. Signed by Senior Judge Stephen M McNamee on 5/24/2024. (KJ) (Entered: 05/24/2024)
2024-07-2618MOTION for Summary Judgment by Barry Goldwater Institute for Public Policy Research. (Skankey, Stacy) (Entered: 07/26/2024)
2024-07-2619STATEMENT OF FACTS re: 18 MOTION for Summary Judgment by Plaintiff Barry Goldwater Institute for Public Policy Research. (Skankey, Stacy) (Entered: 07/26/2024)
2024-08-2320First MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment (Unopposed) by United States Department of Education. (Attachments: # 1 Proposed Order)(Gray, Victoria) (Entered: 08/23/2024)
2024-08-2621ORDER granting the Unopposed Motion (Doc. 20 ). IT IS FURTHER ORDERED allowing Defendant up to and including 8/30/2024 to respond to Plaintiff's Motion for Summary Judgment (Doc. 18 ). Signed by Senior Judge Stephen M McNamee on 8/26/2024. (KJ) (Entered: 08/26/2024)
2024-08-3022*RESPONSE to Motion re: 18 MOTION for Summary Judgment, CROSS-MOTION for Summary Judgment filed by United States Department of Education. (Gray, Victoria) *Added motion part on 9/3/2024 (KJ). (Entered: 08/30/2024)
2024-08-3023STATEMENT OF FACTS re: 22 Response to Motion for Summary Judgment (Controverting and Separate) by Defendant United States Department of Education. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Vaughn Index)(Gray, Victoria) (Entered: 08/30/2024)
2024-09-0924Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment by Barry Goldwater Institute for Public Policy Research. (Attachments: # 1 Proposed Order)(Skankey, Stacy) (Entered: 09/09/2024)
2024-09-0925ORDER granting the Unopposed Motion. (Doc. 24 ). IT IS FURTHER ORDERED allowing Plaintiff up to and including 9/30/2024 to file a Reply in support of Plaintiff's Motion for Summary Judgment. Signed by Senior Judge Stephen M McNamee on 9/9/2024. (KJ) (Entered: 09/09/2024)
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