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Case TitleDEFENSE OF FREEDOM INSTITUTE FOR POLICY STUDIES, INC. v. US DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00816
Date Filed2024-03-21
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffDEFENSE OF FREEDOM INSTITUTE FOR POLICY STUDIES, INC.
Case DescriptionDefense of Freedom Institute submitted two FOIA requests to the Department of Education for records concerning its sex desegregation policies. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, DFI 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
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) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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. [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (Entered: 09/05/2023)
2023-09-066ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 9/6/2023. (JOR) [Transferred from Florida Middle on 3/21/2024.] (Entered: 09/06/2023)
2023-09-067Remark: Doc. 5 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/6/2023. (JWG) [Transferred from Florida Middle on 3/21/2024.] (Entered: 09/06/2023)
2023-09-068SUMMONS issued as to US Department of Education. (ABC) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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). [Transferred from Florida Middle on 3/21/2024.] (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). [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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. [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (Entered: 11/01/2023)
2023-11-1618CERTIFICATE of interested persons and corporate disclosure statement re 10 Order by US Department of Education. (Sowell, Robert) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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. [Transferred from Florida Middle on 3/21/2024.] (Entered: 11/18/2023)
2023-11-2021Remark: Doc. 18 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 11/20/2023. (JWG) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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. [Transferred from Florida Middle on 3/21/2024.] (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). [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (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. [Transferred from Florida Middle on 3/21/2024.] (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) [Transferred from Florida Middle on 3/21/2024.] (Entered: 03/19/2024)
2024-03-2131Case transferred in from District of Florida Middle; Case Number 6:23-cv-01695. Original file ,transfer order and docket sheet received. (Entered: 03/21/2024)
2024-04-0132NOTICE of Appearance by Kaitlin Kerry Eckrote on behalf of US DEPARTMENT OF EDUCATION (Eckrote, Kaitlin) (Entered: 04/01/2024)
2024-04-0233STANDING ORDER. Signed by Judge Beryl A. Howell on April 2, 2024. (lcbah2) (Entered: 04/02/2024)
2024-04-1234ANSWER to 1 Complaint, by US DEPARTMENT OF EDUCATION.(Eckrote, Kaitlin) (Entered: 04/12/2024)
2024-04-2635MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 04/26/2024)
2024-04-29MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 35 Meet and Confer Statement, to file, by July 1, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on April 29, 2024. (lcbah1) (Entered: 04/29/2024)
2024-04-29Set/Reset Deadlines: Parties Joint Status Report due by 7/1/2024 (mac) (Entered: 04/29/2024)
2024-07-0136Joint STATUS REPORT by DEFENSE OF FREEDOM INSTITUTE FOR POLICY STUDIES, INC.. (Astor, Martha) (Entered: 07/01/2024)
2024-07-09MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 36 Joint Status report, the parties to submit, by August 30, 2024, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on July 9, 2024. (lcbah2) (Entered: 07/09/2024)
2024-07-09Set/Reset Deadlines: Parties Joint Status Report due by 8/30/2024. (mac) (Entered: 07/09/2024)
2024-08-3037Joint STATUS REPORT by US DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 08/30/2024)
2024-08-30MINUTE ORDER (paperless), upon consideration of the parties' 37 Joint Status Report, DIRECTING the parties to file, by October 29, 2024, and every 60 days thereafter, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties, and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on August 30, 2024. (lcbah2) (Entered: 08/30/2024)
2024-08-30Set/Reset Deadlines: Joint Status Report due by 10/29/2024. (zalh) (Entered: 08/30/2024)
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