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Case TitleWohl v. United States Department of Education
DistrictSouthern District of Florida
CityWest Palm Beach
Case Number9:2024cv80731
Date Filed2024-06-11
Date ClosedOpen
JudgeJudge Aileen M. Cannon
PlaintiffAlison Wohl
Case DescriptionAlison Wohl submitted a FOIA request to the Department of Education for records concerning fraudulent student loans that were taken out in her name at various colleges. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Wohl filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Education
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-06-111COMPLAINT against United States Department of Education. Filing fees $ 405.00 receipt number AFLSDC-17596915, filed by Alison Wohl. (Attachments: # 1 Exhibit "A" FOIA Request, # 2 Exhibit "B" Acknowledgment Letter, # 3 Composite Exhibit "C" Follow Up Requests, # 4 Summons, # 5 Civil Cover Sheet)(Gindel, Robert) (Entered: 06/11/2024)
2024-06-112Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nan) (Entered: 06/11/2024)
2024-06-113Summons Issued as to United States Department of Education. (nan) (Entered: 06/11/2024)
2024-08-154ORDER TO SERVE. On or before September 9, 2024, Plaintiff shall perfect service upon Defendant or show cause why the case should not be dismissed as. Failure to file proof of service or to show good cause by September 9, 2024, will result in the case being dismissed, without prejudice and without further notice. Show Cause Response due by 9/9/2024. Signed by Judge Aileen M. Cannon on 8/15/2024. See attached document for full details. (nan) (Entered: 08/15/2024)
2024-09-055SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alison Wohl. United States Department of Education served on 6/12/2024, response/answer due 7/3/2024. (Attachments: # 1 Summon(s))(Gindel, Robert) (Entered: 09/05/2024)
2024-09-056SUMMONS (Affidavit) Returned Executed by Alison Wohl. United States Department of Education served on 6/12/2024, response/answer due 8/12/2024. (nan) See DE# 5 for Image. (Entered: 09/06/2024)
2024-09-067Clerk's Notice to Filer re 6 Summons Returned Executed as to USA, 5 Summons Returned Executed,. Incorrect Service Date Entered ; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see [DE# 6 ]. It is not necessary to refile this document. The United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) -- has 60 days to serve the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. (nan) (Entered: 09/06/2024)
2024-09-108Defendant's NOTICE Regarding Lack of Service by United States Department of Education re 4 Order to Show Cause,. Attorney Zakarij Neil Laux added to party United States Department of Education(pty:dft). (Laux, Zakarij) (Entered: 09/10/2024)
2024-09-109MOTION for Extension of Time to Perfect Service re 8 Notice (Other), 6 Summons Returned Executed as to USA by Alison Wohl. Responses due by 9/24/2024. (Gindel, Robert) (Entered: 09/10/2024)
2024-09-1210PAPERLESS ORDER denying without prejudice 9 Plaintiff's Motion for Extension of Time to Perfect Service. Plaintiff's Motion 9 does not contain a certificate of conference, as required by S.D. Fla. L.R. 7.1(a)(3). Plaintiff shall file a compliant motion on or before September 16, 2024 . Signed by Judge Aileen M. Cannon on 9/12/2024. (bbk) (Entered: 09/12/2024)
2024-09-1611MOTION for Extension of Time to Perfect Service re 8 Notice (Other), 10 Order, 6 Summons Returned Executed as to USA by Alison Wohl. Responses due by 9/30/2024. (Attachments: # 1 Text of Proposed Order)(Gindel, Robert) (Entered: 09/16/2024)
2024-09-1912PAPERLESS ORDER granting 11 Plaintiff's Motion for Extension of Time to Perfect Service. Plaintiff shall comply with Rule 4(i) and perfect service on or before October 18, 2024. Moving forward, any requests for extension must be filed sufficiently in advance of the deadline at issue. Signed by Judge Aileen M. Cannon on 9/19/2024. (bbk) (Entered: 09/19/2024)
2024-10-1113NOTICE of Filing Proposed Summons(es) by Alison Wohl re 12 Order on Motion for Extension of Time, (Attachments: # 1 Summon(s)) (Gindel, Robert) (Entered: 10/11/2024)
2024-10-1114Summons Issued as to United States Department of Education(nan) (Entered: 10/11/2024)
2024-10-1715SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alison Wohl. United States Department of Education served on 8/16/2024, response/answer due 9/6/2024. (Attachments: # 1 Notice of Service Certified Mail)(Gindel, Robert) (Entered: 10/17/2024)
2024-12-1116Agreed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by United States Department of Education. (Attachments: # 1 Text of Proposed Order)(Laux, Zakarij) (Entered: 12/11/2024)
2024-12-1617PAPERLESS ORDER granting in part 16 Defendant's Agreed Motion for Extension of Time to Respond to Plaintiff's Complaint 1 . On or before February 3, 2025 , Defendant shall respond to Plaintiff's Complaint 1 . Signed by Judge Aileen M. Cannon on 12/16/2024. (bbk) (Entered: 12/16/2024)
2024-12-17Set Answer Due Deadline: United States Department of Education response/answer due 2/3/2025. On or before February 3, 2025, Defendant shall respond to Plaintiff's Complaint. Per DE# 7 . (nan) (Entered: 12/17/2024)
2025-01-3018Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, (Dismissal as Moot) by United States Department of Education. Responses due by 2/13/2025. (Attachments: # 1 Exhibit Composite A - FOIA Response Letter, # 2 Exhibit B - Email Correspondence)(Laux, Zakarij) (Entered: 01/30/2025)
2025-02-1319RESPONSE to 18 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, (Dismissal as Moot) by Alison Wohl. (Attachments: # 1 Exhibit A (Emails), # 2 Exhibit B (Promissory Note), # 3 Exhibit C (Loan Summary))(Gindel, Robert) (Entered: 02/13/2025)
2025-02-1820REPLY in Support of Motion re 18 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, (Dismissal as Moot) . filed by United States Department of Education. (Attachments: # 1 Exhibit A - Plaintiff's Interrogatories)(Laux, Zakarij) (Entered: 02/18/2025)
2025-02-1821PAPERLESS NOTICE of Hearing on 18 Defendant's Motion to Dismiss: Motion Hearing set for 3/19/2025 10:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. The parties shall meaningfully confer before the hearing to discuss any remaining disputes at issue in this case. To the extent the parties reach an agreement on the Motion, they shall file a joint notice advising of the same, due no later than March 14, 2025. Signed by Judge Aileen M. Cannon on 2/18/2025. (bbk) (Entered: 02/18/2025)
2025-03-0722STATUS REPORT (Joint) and Request for Hearing Cancellation by United States Department of Education (Laux, Zakarij) (Entered: 03/07/2025)
2025-03-1023PAPERLESS ORDER: The Court is in receipt of the Joint Status Report 22 indicating that the parties have reached a resolution of this matter. Accordingly, the hearing on Defendant's Motion to Dismiss 21 is CANCELED . On or before March 21, 2025 , the parties shall file a joint stipulation of dismissal in accordance with Rule 41. Signed by Judge Aileen M. Cannon on 3/10/2025. (bbk) (Entered: 03/10/2025)
2025-03-2124STIPULATION of Dismissal (Joint) by United States Department of Education (Laux, Zakarij) (Entered: 03/21/2025)
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