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Case TitleBADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02086
Date Filed2021-08-04
Date Closed2022-04-19
JudgeJudge Dabney L. Friedrich
PlaintiffBADER FAMILY FOUNDATION
Case DescriptionThe Bader Family Foundation submitted a FOIA request to the Department of Education for records concerning for keywords associated with critical race theory being taught in history classes. The agency acknowledged receipt of the request. The agency told the Bader Family Foundation that it found no responsive records. BFF filed an administrative appeal. The agency told BFF that it had located 605 responsive records, which had not been identified previously because they fell outside the date parameters of the request. However, after processing the records, the agency withheld most of them under Exemption 5 (privileges). BFF filed an administrative appeal of the withholding decision. However, after hearing nothing further from the agency, BFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2021-08-041COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 402 receipt number ADCDC-8644649) filed by BADER FAMILY FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for the U.S. Attorney, # 3 Summons for the agency, # 4 Summons for the attorney general)(Bader, Hans) (Entered: 08/04/2021)
2021-08-042NOTICE OF RELATED CASE by BADER FAMILY FOUNDATION. Case related to Case No. 21-cv-01741-DLF. (znmg) (Entered: 08/05/2021)
2021-08-05Case Assigned to Judge Dabney L. Friedrich. (znmg) (Entered: 08/05/2021)
2021-08-053SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 08/05/2021)
2021-08-054STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on August 5, 2021. (lcdlf3) (Entered: 08/05/2021)
2021-08-115NOTICE of Appearance by Stephanie R. Johnson on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Johnson, Stephanie) (Entered: 08/11/2021)
2021-08-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/11/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/10/2021. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 8/10/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/11/2021. (Bader, Hans) Modified service date for U.S. Attorney on 8/18/2021 (ztd). (Entered: 08/17/2021)
2021-08-17Set/Reset Deadlines: Answer due by 9/10/2021, (ztd) (Entered: 08/18/2021)
2021-09-107ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Johnson, Stephanie) (Entered: 09/10/2021)
2021-09-10MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before September 24, 2021. So Ordered by Judge Dabney L. Friedrich on September 10, 2021. (lcdlf3) (Entered: 09/10/2021)
2021-09-208Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Johnson, Stephanie) (Entered: 09/20/2021)
2021-09-20MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, the parties are directed to file another joint status report on or before November 12, 2021. So Ordered by Judge Dabney L. Friedrich on September 20, 2021. (lcdlf3) (Entered: 09/20/2021)
2021-11-129Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Johnson, Stephanie) (Entered: 11/12/2021)
2021-11-12MINUTE ORDER. In light of the parties' 9 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the defendant's Motion for Summary Judgment shall be due on or before January 11, 2022; the plaintiff's Cross-Motion for Summary Judgment and Opposition shall be due on or before February 10, 2022; the defendant's Reply and Opposition shall be due on or before March 12, 2022; and the plaintiff's Reply shall be due on or before April 20, 2022. So Ordered by Judge Dabney L. Friedrich on November 12, 2021. (lcdlf3) (Entered: 11/12/2021)
2022-01-0710MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT , MOTION to Modify BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF EDUCATION. (Johnson, Stephanie) (Entered: 01/07/2022)
2022-01-0911Memorandum in opposition to re 10 MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT MOTION to Modify BRIEFING SCHEDULE filed by BADER FAMILY FOUNDATION. (Bader, Hans) (Entered: 01/09/2022)
2022-01-10MINUTE ORDER. Upon consideration of the defendant's 10 Motion for Extension of Time to File Motion for Summary Judgment and Motion to Modify Briefing Schedule and the plaintiff's 11 Memorandum in Opposition to those motions, it is hereby ORDERED that the motions are GRANTED IN PART. The following schedule shall govern further proceedings: the defendant's Motion for Summary Judgment shall be due on or before January 25, 2022; the plaintiff's Cross-Motion for Summary Judgment and Opposition shall be due on or before February 24, 2022; the defendant's Reply and Opposition shall be due on or before March 26, 2022; and the plaintiff's Reply shall be due on or before May 4, 2022. So Ordered by Judge Dabney L. Friedrich on November 12, 2021. (lcdlf3) (Entered: 01/10/2022)
2022-01-2512WITHDRAWN PURSUANT TO NOTICE FILED 03/18/2022.....MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration of Kristin Delbridge)(Johnson, Stephanie) Modified on 3/21/2022 (zeg). (Entered: 01/25/2022)
2022-02-2413Memorandum in opposition to re 12 MOTION for Summary Judgment filed by BADER FAMILY FOUNDATION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Hans Bader, # 3 Text of Proposed Order)(Bader, Hans) (Entered: 02/24/2022)
2022-02-2414MOTION for Summary Judgment by BADER FAMILY FOUNDATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Bader, Hans) (Entered: 02/24/2022)
2022-03-1315NOTICE of Filing of Amended Complaint by BADER FAMILY FOUNDATION (Bader, Hans) (Entered: 03/13/2022)
2022-03-1316AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION filed by BADER FAMILY FOUNDATION.(Bader, Hans) (Entered: 03/13/2022)
2022-03-1817NOTICE OF WITHDRAWAL OF MOTION by UNITED STATES DEPARTMENT OF EDUCATION re 12 MOTION for Summary Judgment (Johnson, Stephanie) (Entered: 03/18/2022)
2022-03-18MINUTE ORDER. Upon consideration of the defendant's 17 Notice of Withdrawal of Defendant's Motion for Summary Judgment, it is hereby ORDERED that the plaintiff's 14 Motion for Summary Judgment is DENIED as MOOT. The parties are directed to file a joint status report on or before April 29, 2022, that includes the status of document production, the plaintiff's view on the adequacy of the supplemental search, and how the parties would like to proceed in this case. So Ordered by Judge Dabney L. Friedrich on March 18, 2022. (lcdlf3) (Entered: 03/18/2022)
2022-03-3118Consent MOTION for Extension of Time to File Answer re 16 Amended Complaint NUNC PRO TUNC by UNITED STATES DEPARTMENT OF EDUCATION. (Johnson, Stephanie) (Entered: 03/31/2022)
2022-04-01MINUTE ORDER. Upon consideration of the defendant's 18 Consent Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED nunc pro tunc . Accordingly, the defendant shall answer or otherwise respond to the plaintiff's 16 Amended Complaint on or before April 7, 2022. So Ordered by Judge Dabney L. Friedrich on April 1, 2022. (lcdlf3) (Entered: 04/01/2022)
2022-04-0719ANSWER to 16 Amended Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Johnson, Stephanie) (Entered: 04/07/2022)
2022-04-1820STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF EDUCATION. (Johnson, Stephanie) (Entered: 04/18/2022)
2022-04-19MINUTE ORDER. Upon consideration of the parties' 20 Stipulation of Dismissal, it is hereby ORDERED that the case is DISMISSED WITH PREJUDICE. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on April 19, 2022. (lcdlf3) (Entered: 04/19/2022)
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