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Case TitleNATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01923
Date Filed2021-07-16
Date Closed2023-07-18
JudgeJudge Beryl A. Howell
PlaintiffNATIONAL STUDENT LEGAL DEFENSE NETWORK
Case DescriptionThe National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning communications between the agency and the Social Security Administration concerning information or data related to the implementation of the Gainful Employment Rule. NSLDN also requested a fee waiver. The agency acknowledged receipt of the request and granted NSLDN's request for a fee waiver. After hearing nothing further from the agency, NSLDN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF EDUCATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-161COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 402 receipt number ADCDC-8605313) filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO, # 3 Summons Department of Education, # 4 Summons Attorney General)(Bitner, Robyn) (Entered: 07/16/2021)
2021-07-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL STUDENT LEGAL DEFENSE NETWORK (Bitner, Robyn) (Entered: 07/16/2021)
2021-07-16Case Assigned to Chief Judge Beryl A. Howell. (adh, ) (Entered: 07/16/2021)
2021-07-163SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/16/2021)
2021-07-194STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 19, 2021. (lcbah4) (Entered: 07/19/2021)
2021-08-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/26/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 8/25/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 7/26/2021 (Attachments: # 1 Certificate of Service)(Bitner, Robyn) (Entered: 08/02/2021)
2021-08-256ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Tilghman, Michael) (Entered: 08/25/2021)
2021-09-087Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Tilghman, Michael) (Entered: 09/08/2021)
2021-09-16MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 7 Joint Status Report, the parties to file, by October 13, 2021, a joint status report advising the Court of the status of this matter and proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on September 16, 2021. (lcbah4) (Entered: 09/16/2021)
2021-09-16Set/Reset Deadlines: Joint Status Report due by 10/13/2021. (ztg) (Entered: 09/16/2021)
2021-10-138Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Tilghman, Michael) (Entered: 10/13/2021)
2021-10-14MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 8 Joint Status Report, the parties to file, by December 1, 2021, a joint status report advising the Court of the status of this matter and proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on October 14, 2021. (lcbah4) (Entered: 10/14/2021)
2021-10-15Set/Reset Deadlines: Joint Status Report due by 12/1/2021. (ztg) (Entered: 10/15/2021)
2021-12-019Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Tilghman, Michael) (Entered: 12/01/2021)
2021-12-02MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status Report, the parties to submit a joint status report by January 31, 2022, with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on December 2, 2021. (lcbah4) (Entered: 12/02/2021)
2021-12-03Set/Reset Deadlines: Joint Status Report due by 1/31/2022. (ztg) (Entered: 12/03/2021)
2021-12-0310NOTICE of Appearance by Emily Goldman on behalf of NATIONAL STUDENT LEGAL DEFENSE NETWORK (Goldman, Emily) (Entered: 12/03/2021)
2021-12-0311NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL STUDENT LEGAL DEFENSE NETWORK. Attorney Robyn K. Bitner terminated. (Bitner, Robyn) (Entered: 12/03/2021)
2022-01-3112Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Tilghman, Michael) (Entered: 01/31/2022)
2022-01-31MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to submit a joint status report by March 2, 2022, with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on January 31, 2022. (lcbah4) (Entered: 01/31/2022)
2022-02-01Set/Reset Deadlines: Joint Status Report due by 3/2/2022. (ztg) (Entered: 02/01/2022)
2022-03-0213Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Tilghman, Michael) (Entered: 03/02/2022)
2022-03-03MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, and over plaintiff's objection, the parties to submit a joint status report by May 1, 2022, with a proposed schedule to govern further proceedings in this matter, and FURTHER DIRECTING plaintiff to identify with specificity and provide the bases for its objections to defendants response to defendant, in order to narrow the issues in dispute for summary judgment briefing. Signed by Chief Judge Beryl A. Howell on March 3, 2022. (lcbah4) (Entered: 03/03/2022)
2022-03-03Set/Reset Deadlines: Joint Status Report due by 5/1/2022. (ztg) (Entered: 03/03/2022)
2022-04-2914NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES DEPARTMENT OF EDUCATION (DeGenaro, Stephen) (Entered: 04/29/2022)
2022-04-2915Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (DeGenaro, Stephen) (Entered: 04/29/2022)
2022-04-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to submit a joint status report by June 13, 2022, with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on April 29, 2022. (lcbah4) (Entered: 04/29/2022)
2022-04-29Set/Reset Deadlines: Joint Status Report due by 6/13/2022. (ztg) (Entered: 04/29/2022)
2022-06-1316Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (DeGenaro, Stephen) (Entered: 06/13/2022)
2022-06-14MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 16 Joint Status Report, the following SCHEDULING ORDER: (1) By September 1, 2022, defendant shall file any motion for summary judgment; (2) By October 3, 2022, plaintiff shall file any opposition to defendant's motion and cross-motion for summary judgment; (3) By October 17, 2022, defendant shall file any reply in support of its motion and opposition to plaintiff's cross-motion; and (4) By October 31, 2022, plaintiff shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on June 14, 2022. (lcbah4) (Entered: 06/14/2022)
2022-06-15Set/Reset Deadlines: Summary judgment motion due by 9/1/2022; cross-motion and opposition to motion for summary judgment due by 10/3/2022; opposition to cross-motion and reply to opposition to motion for summary judgment due by 10/17/2022; reply to opposition to cross-motion due by 10/31/2022. (ztg) (Entered: 06/15/2022)
2022-07-0817NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF EDUCATION. Attorney Stephen DeGenaro terminated. (DeGenaro, Stephen) (Entered: 07/08/2022)
2022-07-1518NOTICE of Change of Address by Emily Goldman (Goldman, Emily) (Entered: 07/15/2022)
2022-09-0119MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Defendant's Statement of Undisputed Material Facts, # 3 Exhibit 1 (Declaration of Jill Siegelbaum), # 4 Exhibit 2 (July 12, 2022 email), # 5 Exhibit 3 (Declaration of Steven Z. Finley), # 6 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/01/2022)
2022-09-0820NOTICE OF SUBSTITUTION OF COUNSEL by Michael Yohannan on behalf of All Defendants Substituting for attorney Michael A. Tilghman, II (Yohannan, Michael) (Entered: 09/08/2022)
2022-10-0321Memorandum in opposition to re 19 Motion for Summary Judgment, filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Goldman, Emily) (Entered: 10/03/2022)
2022-10-0322DECLARATION of Emily Goldman in Support of Plaintiff's Statement of Undisputed Material Facts by NATIONAL STUDENT LEGAL DEFENSE NETWORK re 21 Memorandum in Opposition filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Goldman, Emily) (Entered: 10/03/2022)
2022-10-0323Cross MOTION for Summary Judgment by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Emily Goldman, # 4 Text of Proposed Order)(Goldman, Emily) (Entered: 10/03/2022)
2022-10-0624Unopposed MOTION for Extension of Time to File Response/Reply with proposed order by UNITED STATES DEPARTMENT OF EDUCATION. (Yohannan, Michael) (Entered: 10/06/2022)
2022-10-06MINUTE ORDER (paperless) GRANTING defendant's 24 Unopposed Motion for Extension of Time for Defendant to File Reply and AMENDING the SCHEDULING ORDER as follows: (1) By November 2, 2022, defendant shall file any reply in support of its motion and opposition to plaintiff's cross-motion; and (2) By November 18, 2022, plaintiff shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on October 6, 2022. (lcbah4) (Entered: 10/06/2022)
2022-10-07Set/Reset Deadlines: Defendant's opposition to cross-motion and reply in support of its motion due by 11/2/2022; plaintiff's reply in support of its to cross-motions due by 11/18/2022. (ztg) (Entered: 10/07/2022)
2022-11-0125Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment , 23 Cross MOTION for Summary Judgment with proposed order by UNITED STATES DEPARTMENT OF EDUCATION. (Yohannan, Michael) (Entered: 11/01/2022)
2022-11-02MINUTE ORDER (paperless) GRANTING the government's 25 Unopposed Motion for Extension of Time to File Reply and AMENDING the SCHEDULING ORDER previously entered on October 06, 2022 as follows: (1) By November 16, 2022, the government shall file any reply in support of its motion and opposition to plaintiff's cross-motion; and (2) By December 7, 2022, plaintiff shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on November 2, 2022. (lcbah4) (Entered: 11/02/2022)
2022-11-02Set/Reset Deadlines: Government's response in support of its motion and opposition to plaintiff's cross-motion due by 11/16/2022. Plaintiff's reply in support of its cross-motion due by 12/7/2022. (hmc) Modified deadline on 11/3/2022 (ztg). (Entered: 11/02/2022)
2022-11-1426MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment , 23 Cross MOTION for Summary Judgment with proposed order by UNITED STATES DEPARTMENT OF EDUCATION. (Yohannan, Michael) (Entered: 11/14/2022)
2022-11-16MINUTE ORDER (paperless) GRANTING government's 26 unopposed Motion for Extension of Time to File Combined Opposition & Reply and AMENDING the SCHEDULING ORDER previously entered on November 02, 2022 as follows: (1) By December 7, 2022, the government shall file any reply in support of its motion and opposition to plaintiff's cross-motion; and (2) By December 28, 2022, plaintiff shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on November 16, 2022. (lcbah4) (Entered: 11/16/2022)
2022-11-16Set/Reset Deadlines: Government's reply in support of its motion and opposition to plaintiff's cross-motion due by 12/7/2022; plaintiff's reply in support of its cross-motion due by 12/28/2022. (ztg) (Entered: 11/16/2022)
2022-11-1827Unopposed MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Summary Judgment by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Goldman, Emily) (Entered: 11/18/2022)
2022-12-0728REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration, # 2 Declaration)(Yohannan, Michael) (Entered: 12/07/2022)
2022-12-0729Memorandum in opposition to re 23 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration, # 2 Declaration)(Yohannan, Michael) (Entered: 12/07/2022)
2022-12-12MINUTE ORDER (paperless) GRANTING plaintiff's unopposed 27 Motion for Extension of Time to File Reply, and DIRECTING plaintiff to file any reply by January 13, 2023. Signed by Chief Judge Beryl A. Howell on December 2, 2022. (lcbah4) (Entered: 12/12/2022)
2022-12-13Set/Reset Deadlines: Plaintiff's reply due by 1/13/2023. (ztg) (Entered: 12/13/2022)
2022-12-2230NOTICE of Appearance by Daniel A. Zibel on behalf of NATIONAL STUDENT LEGAL DEFENSE NETWORK (Zibel, Daniel) (Entered: 12/22/2022)
2023-01-0331NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL STUDENT LEGAL DEFENSE NETWORK. Attorney Emily Goldman terminated. (Goldman, Emily) (Entered: 01/03/2023)
2023-01-1332REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Zibel, Daniel) (Entered: 01/13/2023)
2023-01-18RESOLVED...NOTICE of Provisional/Government Not Certified Status re 32 REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Zibel, Daniel). Your attorney renewal has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/25/2023. (zbaj) Modified on 1/24/2023 (zbaj). (Entered: 01/18/2023)
2023-03-3133NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF EDUCATION. Attorney Michael Yohannan terminated. (Yohannan, Michael) (Entered: 03/31/2023)
2023-04-1234NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of UNITED STATES DEPARTMENT OF EDUCATION Substituting for attorney Michael Yohannan (Berhane, Fithawi) (Entered: 04/12/2023)
2023-06-16MINUTE ORDER (paperless) DIRECTING the government to, by June 20, 2023 at 11:00 AM, file ex parte and under seal the unredacted communications identified in the government's Vaughn Index, see [19-3] Decl. of Jill Siegelbaum at Ex. D., for in camera review. Signed by Judge Beryl A. Howell on June 16, 2023. (lcbah4) (Entered: 06/16/2023)
2023-06-16Set/Reset Deadlines: Government's filing of ex parte and under seal unredacted communications identified in the government's Vaughn Index due by 11:00 AM on 6/20/2023. (ztg) (Entered: 06/16/2023)
2023-06-2035NOTICE OF SUBMISSION OF DOCUMENTS FOR IN CAMERA REVIEW by UNITED STATES DEPARTMENT OF EDUCATION (Berhane, Fithawi) (Entered: 06/20/2023)
2023-07-1137ORDER GRANTING the government's 19 Motion for Summary Judgment and DENYING plaintiff's 23 Cross-Motion for Summary Judgment. See order for further details. The Clerk of the Court is directed to close this case. Signed by Judge Beryl A. Howell on July 11, 2023. (lcbah4) (Entered: 07/11/2023)
2023-07-1138MEMORANDUM OPINION regarding the government's 19 Motion for Summary Judgment and plaintiff's 32 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on July 11, 2023. (lcbah4) (Entered: 07/11/2023)
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