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Case TitlePROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictWestern District of Pennsylvania
CityPittsburgh
Case Number2:2018cv01642
Date Filed2018-12-07
Date Closed2019-10-08
JudgeJudge Nora Barry Fischer
PlaintiffPROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL
Case DescriptionIn 2016, the Project on Predatory Lending at Harvard Law School submitted a FOIA request to the Department of Justice for records produced in discovery in DOJ's lawsuit against Education Management. It eventually responded to the request by denying it entirely under several exemptions. The Project filed new FOIA requests for records concerning how its original FOIA request was processed. The Project also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further, the Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-071COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE (Filing fee, including Administrative fee, $400, receipt number 315-4958272), filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Civil Cover Sheet, # 2 Index, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F) (sdp) (Entered: 12/10/2018)
2018-12-104Summons Issued as to UNITED STATES DEPARTMENT OF JUSTICE IN Pgh. (sdp) (sdp) (Entered: 12/10/2018)
2018-12-102NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) (Entered: 12/10/2018)
2018-12-103ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Nora Barry Fischer on 12/10/18. (jg) (Entered: 12/10/2018)
2018-12-125AFFIDAVIT of Service for Summons and Complaint served on United States Department of Justice on December 12, 2018, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Emedi, Stephen) (Entered: 12/12/2018)
2018-12-126AFFIDAVIT of Service for Summons and Complaint served on Acting Attorney General of the United States, Matthew G. Whitaker on December 12, 2018, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Emedi, Stephen) (Entered: 12/12/2018)
2018-12-127AFFIDAVIT of Service for Summons and Complaint served on Civil Process Clerk, United States Attorney's Office for the Western District of Pennsylvania on December 12, 2018, filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Emedi, Stephen) (Entered: 12/12/2018)
2018-12-13Update Answer Deadline: Answer due from UNITED STATES DEPARTMENT OF JUSTICE on 1/11/2019 (sdp) (Entered: 12/13/2018)
2018-12-208SUMMONS/Return of Service Returned Executed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. UNITED STATES DEPARTMENT OF JUSTICE served on 12/17/2018, answer due 1/11/2019. (Attachments: # 1 Exhibit Certified Mail Return Receipts) (Emedi, Stephen) (Entered: 12/20/2018)
2018-12-21Update Answer Deadline: Answer due from UNITED STATES DEPARTMENT OF JUSTICE on 1/16/2019 (sdp) (Entered: 12/21/2018)
2019-01-039NOTICE of Appearance by Karen Gal-Or on behalf of UNITED STATES DEPARTMENT OF JUSTICE. (Gal-Or, Karen) (Entered: 01/03/2019)
2019-01-0810MOTION for attorney Stephen J. Emedi to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4986424) by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Emedi, Stephen) (Entered: 01/08/2019)
2019-01-0811MOTION for attorney Toby R. Merrill to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4986542) by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Emedi, Stephen) (Entered: 01/08/2019)
2019-01-0912ORDER granting 10 Motion for Stephen J. Emedi, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 1/9/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 01/09/2019)
2019-01-0913ORDER granting 11 Motion for Toby R. Merrill, Esquire to Appear Pro Hac Vice. on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 1/9/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 01/09/2019)
2019-01-0914MOTION for attorney Eileen M. Connor to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4987012) by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Emedi, Stephen) (Entered: 01/09/2019)
2019-01-0915ORDER granting 14 Motion for Eileen M. Connor, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 1/9/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 01/09/2019)
2019-01-0916MOTION for attorney Jennifer D. Bennett to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4987865) by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Emedi, Stephen) (Entered: 01/09/2019)
2019-01-0917ORDER granting 16 Motion for Jennifer D. Bennett, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 1/9/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 01/09/2019)
2019-01-1418ORDER indicating that, as a function of the pending government shutdown, the deadline for submissions to the Court are continued and will be re-scheduled upon conclusion of said shutdown. Signed by Judge Nora Barry Fischer on 1/14/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 01/14/2019)
2019-01-2819ORDER indicating that the government shutdown having ended, it is hereby ordered that defendant shall file a response to plaintiff's complaint by 3/4/19. Signed by Judge Nora Barry Fischer on 1/28/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 01/28/2019)
2019-03-0420ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE. (Gal-Or, Karen) (Entered: 03/04/2019)
2019-03-0421MEMORANDUM ORDER indicating that the parties' Rule 26 Meeting Report and Stipulation Selecting ADR Process are due by 3/27/19; A Case Management Conference is set for 4/3/19 at 2:30 PM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 3/4/19. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (jg) (Entered: 03/04/2019)
2019-03-2022ORDER indicating that the Case Management Conference set for 4/3/2019 at 2:30 PM is re-set 4/3/19 at 4:30 PM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 3/20/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 03/20/2019)
2019-03-2223NOTICE of Appearance by Paul E. Skirtich on behalf of UNITED STATES DEPARTMENT OF JUSTICE. (Skirtich, Paul) (Entered: 03/22/2019)
2019-03-2324NOTICE of Judge Fischer's son's employment with United States Attorney's Office. (jg) (Entered: 03/23/2019)
2019-03-2525Consent MOTION To Waive ADR Requirement by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Skirtich, Paul) (Entered: 03/25/2019)
2019-03-2626ORDER granting 25 Defendant's Consent Motion To Waive ADR Requirement. Signed by Judge Nora Barry Fischer on 3/26/19. (jg) (Entered: 03/26/2019)
2019-03-2627REPORT of Rule 26(f) Planning Meeting. (Emedi, Stephen) (Entered: 03/26/2019)
2019-04-0428Minute Entry for proceedings held before Judge Nora Barry Fischer: Case Management Conference held on 4/3/19; Appropriate Orders follow. (Court Reporter: None) (jg) (Entered: 04/04/2019)
2019-04-0429ORDER Implementing Federal Rule of Evidence 502(d). Signed by Judge Nora Barry Fischer on 4/3/19. (jg) (Entered: 04/04/2019)
2019-04-0430ORDER indicating that the Court having conducted an initial case management conference on this date, and with consent of the parties, the Court hereby orders the following: 1. Discovery: a.Defendant shall produce its Vaughn index to Plaintiff by 4/17/19; b. Plaintiff shall file any motion for discovery and supporting brief by 5/1/19; c. Defendant shall file any response by 5/15/19; d. Plaintiff shall file any motion for leave to file a reply by 5/22/19; 2. The Court defers entering an Order establishing summary deadlines until resolving any disputes related to discovery. Signed by Judge Nora Barry Fischer on 4/3/19. (jg) (Entered: 04/04/2019)
2019-04-1731MOTION to Extend Time to Produce Vaughn Index to Plaintiff by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Skirtich, Paul) (Entered: 04/17/2019)
2019-04-1732RESPONSE IN OPPOSITION to Defendant's 31 Motion to Extend Time to Produce Vaughn Index to Plaintiff filed by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order) (Emedi, Stephen) Modified text on 4/18/2019 to add document linkage. (ksa) (Entered: 04/17/2019)
2019-04-1833ORDER indicating that upon consideration of Defendant's Motion for Extension of Time to Produce Vaughn Index to Plaintiff 31 and Plaintiff's Response in Opposition thereto 32 , it is hereby ordered that said Motion is granted and that the Order dated 4/4/19 30 is amended as follows: 1. Discovery - a. Defendant shall produce its Vaughn index to Plaintiff by 5/17/19; b. Plaintiff shall file any motion for discovery and supporting brief by 6/3/19; c. Defendant shall file any response by 6/17/19; d. Plaintiff shall file any motion for leave to file a reply by 6/24/19; 2. The Court defers entering an Order establishing summary deadlines until resolving any disputes related to discovery. Signed by Judge Nora Barry Fischer on 4/18/19. (jg) Modified text on 4/18/2019. (ksa) (Entered: 04/18/2019)
2019-04-18CLERK'S OFFICE QUALITY CONTROL MESSAGE re 32 Response in Opposition. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa) (Entered: 04/18/2019)
2019-06-0434ORDER indicating that the parties' shall file a Joint Proposed Order regarding Summary Judgment deadlines by 6/11/19. Signed by Judge Nora Barry Fischer on 6/4/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 06/04/2019)
2019-06-1135Proposed Order (Joint) by UNITED STATES DEPARTMENT OF JUSTICE. (Gal-Or, Karen) (Entered: 06/11/2019)
2019-06-1136ORDER indicating that upon consideration of the 35 Joint Proposed Order, it is ordered that the parties filed a Second Proposed Scheduling Order setting forth proposed deadlines for summary judgment by 6/18/19. Signed by Judge Nora Barry Fischer on 6/11/19. (jg) (Entered: 06/11/2019)
2019-06-1837STATUS REPORT Joint Status Report by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Emedi, Stephen) (Entered: 06/18/2019)
2019-06-1938ORDER indicating that: Defendant's motion for summary judgment and supporting materials are due 9/13/19 at 12:00 p.m.; Plaintiff's response to the motion for summary judgment and supporting materials are due 10/14/19 at 12:00 p.m.; Defendant's reply and supporting materials are due 10/28/19 at 12:00 p.m.; Plaintiff's sur-reply and supporting materials are due 11/12/19 at 12:00 p.m.; Oral Argument is set for 11/21/19 at 2:30 PM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 6/19/19. (jg) (Entered: 06/19/2019)
2019-07-1239MOTION to Withdraw as Attorney of Stephen J. Emedi by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Attachments: # 1 Proposed Order Proposed Order) (Emedi, Stephen) (Entered: 07/12/2019)
2019-07-1240ORDER granting 39 Motion to Withdraw of Attorney Stephen J. Emedi as counsel for Plaintiff. Signed by Judge Nora Barry Fischer on 7/12/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 07/12/2019)
2019-09-1341MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 09/13/2019)
2019-09-1342BRIEF in Support re 41 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of John W. Kornmeier, # 2 Exhibit A (for John Kornmeier Declaration), # 3 Exhibit B (for John Kornmeier Declaration), # 4 Exhibit C (for John Kornmeier Declaration), # 5 Exhibit D (for John Kornmeier Declaration), # 6 Exhibit E (for John Kornmeier Declaration), # 7 Exhibit F (for John Kornmeier Declaration)) (Gal-Or, Karen) (Entered: 09/13/2019)
2019-09-1343CONCISE STATEMENT OF MATERIAL FACTS (Undisputed) re 41 Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Gal-Or, Karen) (Entered: 09/13/2019)
2019-10-0844STIPULATION of Dismissal JOINT by PROJECT ON PREDATORY STUDENT LENDING OF THE LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL. (Bennett, Jennifer) (Entered: 10/08/2019)
2019-10-0845ORDER granting 44 Joint Stipulation of Dismissal, with each party bearing its own costs and fees. Signed by Judge Nora Barry Fischer on 10/8/19. (jg) (Entered: 10/08/2019)
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