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Case TitleJewell v. United States Department of Education
DistrictDistrict of Vermont
CityBurlington
Case Number2:2022cv00053
Date Filed2022-02-22
Date ClosedOpen
JudgeJudge Kevin J. Doyle
PlaintiffJoanne C. Jewell CPA
Case DescriptionJoanne Jewell submitted nine FOIA requests to the Department of Education for records concerning the Office of Civil Rights' dismissal under Case Manual Processing Section 108 (i). The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Jewell filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Education
400 Maryland Avenue SW, Room 7W104
Washington, DC 20202-1100
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [50]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-221COMPLAINT for Declaratory and Injunctive Relief for Violation of Freedom of Information Act 5 U.S.C. § 552, et seq against United States Department of Education filed by Joanne C. Jewell. Summonses issued. LR 73 Forms issued. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet) (hbc) (Main Document 1 replaced on 2/23/2022) (law). (Entered: 02/22/2022)
2022-02-222NOTICE OF PRO SE APPEARANCE by Joanne C. Jewell. (hbc) (Entered: 02/22/2022)
2022-02-223CONSENT to Direct Assignment by Joanne C. Jewell. (hbc) (Entered: 02/22/2022)
2022-02-234NOTICE OF DOCKET ENTRY CORRECTION re: 1 Complaint filed by Joanne C. Jewell. The main document has been replaced as a page was omitted at the time of filing. The complete document is now attached to 1 and this entry. (law) (Entered: 02/23/2022)
2022-02-285CERTIFICATE OF SERVICE re Service of Process by Joanne C. Jewell. United States Department of Education served on 2/28/2022, answer due 3/30/2022. (Attachments: # 1 USPS Tracking) (Jewell, Joanne) Text clarified on 3/1/2022. (hbc) (Entered: 02/28/2022)
2022-02-28Set Deadlines/Hearings: United States Department of Education answer due 3/30/2022. (hbc) (Entered: 03/01/2022)
2022-03-316EMERGENCY APPLICATION for Clerk's Entry of Default filed by Joanne C. Jewell. (Attachments: # 1 Proof of Service, # 2 Email, # 3 Email)(Jewell, Joanne) (Main Document and Attachment 1 replaced, Additional attachment(s) added on 4/1/2022: # 4 Proof of Service) (jlh) (Main Document replaced, additional attachment(s) added on 4/4/2022: # 5 Declaration of Joanne C. Jewell, # 6 Exhibit 1) (jlh) Event/text clarified on 4/6/2022 (jlh). (Entered: 03/31/2022)
2022-04-047NOTICE OF DOCKET ENTRY CORRECTION re: 6 EMERGENCY MOTION for Entry of Default filed by Joanne C. Jewell. The main document has been replaced with a corrected version. A declaration and exhibit have been added to the entry. The documents are now attached to 6 as well as this entry. (Attachments: # 1 Declaration of Joanne C. Jewell, # 2 Exhibit 1) (jlh) (Entered: 04/04/2022)
2022-04-068CERTIFICATE OF SERVICE re Service of Process by Joanne C. Jewell. (Attachments: # 1 Form 3811 Domestic Return Receipt)(Jewell, Joanne) Text clarified/link removed on 4/8/2022 (law). (Entered: 04/06/2022)
2022-04-069SUMMONS RETURNED EXECUTED filed by Joanne C. Jewell. United States Department of Education (U.S. Attorney) served on 4/6/2022, answer due 5/6/2022. (Jewell, Joanne) Text clarified on 4/8/2022 (law). (Entered: 04/06/2022)
2022-04-0710WITHDRAWAL of 6 EMERGENCY APPLICATION for Clerk's Entry of Default by Joanne C. Jewell (Jewell, Joanne) Link removed/text clarified on 4/8/2022 (law). (Entered: 04/07/2022)
2022-04-0811NOTICE OF DOCKET ENTRY CORRECTION re: 9 Summons Returned Executed. Docket text has been corrected to read: SUMMONS RETURNED EXECUTED filed by Joanne C. Jewell. United States Department of Education (U.S. Attorney) served on 4/6/2022, answer due 5/6/2022. (law) (Entered: 04/08/2022)
2022-04-1512SUMMONS RETURNED Executed. United States Department of Education (local AUSA) served on 4/15/2022, answer due 5/6/2022 by Joanne C. Jewell.(Jewell, Joanne) Text clarified on 5/4/2022 (jlh). (Entered: 04/15/2022)
2022-04-1513FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief for Violation of Freedom of Information Act 5 U.S.C. § 552, et seq against United States Department of Education filed by Joanne C. Jewell. (Attachments: # 1 Footnote 3, # 2 Footnote 4, # 3 Exhibit 1) (eh) (Entered: 04/15/2022)
2022-04-15REISSUED Summons as to United States Department of Education. (eh) (Entered: 04/15/2022)
2022-05-0214SUMMONS RETURNED Executed. United States Department of Education (Dept of Education) served on 4/22/2022 and 4/25/2022 by Joanne C. Jewell.(Jewell, Joanne) Text clarified on 5/4/2022 (jlh) (Entered: 05/02/2022)
2022-05-0215SUMMONS RETURNED Executed. United States Department of Education (Dept of Justice) served on 4/25/2022 by Joanne C. Jewell.(Jewell, Joanne) Text clarified on 5/5/2022 (jlh). (Entered: 05/02/2022)
2022-05-0616NOTICE OF APPEARANCE by Benjamin Weathers-Lowin, AUSA on behalf of United States Department of Education.(Weathers-Lowin, Benjamin) (Entered: 05/06/2022)
2022-05-0617ANSWER to 13 Amended Complaint, by United States Department of Education.(Weathers-Lowin, Benjamin) (Entered: 05/06/2022)
2022-05-1618CONSENT to Direct Assignment by United States Department of Education (Attachments: # 1 Certificate of Service) (eh) (Entered: 05/17/2022)
2022-05-2619Document has been removed. (Entered 5/26/2022) (Entered: 05/26/2022)
2022-05-2620CONSENT to Direct Assignment by Joanne C. Jewell (Jewell, Joanne) (Entered: 05/26/2022)
2022-05-2721NOTICE OF DOCKET ENTRY REMOVAL. Document No. 19 has been removed from the docket as duplicative of 20 CONSENT to Direct Assignment. (hbc) (Entered: 05/27/2022)
2022-06-2122JOINT MOTION for Extension of Time to File Stipulated Scheduling Proposal filed by United States Department of Education.(Weathers-Lowin, Benjamin) (Entered: 06/21/2022)
2022-06-2223ORDER granting 22 Joint Motion for Extension of Time to File Stipulated Scheduling Proposal. Signed by Judge Kevin J. Doyle on 6/22/2022. (This is a text-only Order.) (eh) (Entered: 06/22/2022)
2022-06-2824STIPULATED MOTION for Scheduling Conference filed by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 06/28/2022)
2022-06-2825STIPULATED MOTION for Scheduling Conference filed by Joanne C. Jewell. (Jewell, Joanne) Event/text corrected on 6/28/2022. (hbc) (Entered: 06/28/2022)
2022-06-2826STIPULATED MOTION for Scheduling Conference (Amended) by Joanne C. Jewell (Jewell, Joanne) Event/text corrected on 6/29/2022. (hbc) (Entered: 06/28/2022)
2022-06-2927ORDER granting Defendant's 24 STIPULATED MOTION for Scheduling Conference; denying as moot Plaintiff's 25 STIPULATED MOTION for Scheduling Conference; granting Plaintiff's 26 STIPULATED MOTION for Scheduling Conference (Amended). Signed by Judge Kevin J. Doyle on 6/29/2022. (This is a text-only Order.) (hbc) (Entered: 06/29/2022)
2022-06-2928NOTICE of Hearing: Scheduling Conference set for 7/7/2022 at 11:30 AM in Burlington Courtroom 410 before Judge Kevin J. Doyle. (hbc) (Entered: 06/29/2022)
2022-06-3029MOTION for Clarification and, Potentially, MOTION for Reconsideration re 27 Order filed by United States Department of Education.(Weathers-Lowin, Benjamin). Added MOTION for Reconsideration on 6/30/2022 (law). (Entered: 06/30/2022)
2022-06-3030RESPONSE to 29 MOTION for Clarification and, Potentially, MOTION for Reconsideration re: 27 Order filed by Joanne C. Jewell. (Jewell, Joanne) (Entered: 06/30/2022)
2022-07-0131ORDER granting 29 MOTION for Clarification re Text Order (ECF No. 27). The Court clarifies that the only relief granted in its 6/29/2022 Text Order (ECF No. 27) is to set a scheduling conference, as requested by the parties in 24 , 25 , and 26 Stipulated Motions for Scheduling Conference. At the 7/7/2022 Scheduling Conference (see 28 Notice of Hearing), the parties will be heard regarding a schedule for the Department of Education to complete its production of records responsive to the FOIA requests at issue in this case. 29 MOTION for Reconsideration of Text Order (ECF No. 27) is DENIED as moot. Signed by Judge Kevin J. Doyle on 7/1/2022. (This is a text-only Order.) (hbc) (Entered: 07/01/2022)
2022-07-0532STIPULATED MOTION for Permission to Attend Scheduling Conference by Telephone or Other Remote Means filed by United States Department of Education.(Weathers-Lowin, Benjamin) (Entered: 07/05/2022)
2022-07-0633ORDER granting 32 STIPULATED MOTION for Permission to Attend Scheduling Conference by Telephone or Other Remote Means. Signed by Judge Kevin J. Doyle on 7/6/2022. (This is a text-only Order.) (hbc) (Entered: 07/06/2022)
2022-07-0734MINUTE ENTRY for proceedings held before Judge Kevin J. Doyle: Scheduling Conference held on 7/7/2022. Present in the courtroom are pro se pltf Joanne Jewell and AUSA Benjamin Weathers-Lowin for deft. Attys Jill Siegelbaum and Joanna Torres present by teleconference for deft. Statements by parties re FOIA requests and production. Court makes inquiries. Statements re possible content for scheduling order. ORDERED: Parties will confer and file a proposed scheduling order. (Court Reporter: Recorded) (hbc) (Entered: 07/08/2022)
2022-07-1735PROPOSED Production Schedule by Joanne C. Jewell (Attachments: # 1 Attachment Footnote # 1, # 2 Attachment Footnote # 2, # 3 Attachment Footnote # 3) (Jewell, Joanne) Text clarified on 7/20/2022. (hbc) (Entered: 07/17/2022)
2022-07-1936MOTION for the Court to Order an Expedited Response from Defendant and/or Accept Plaintiff's 35 Proposed Production Schedule by Joanne C. Jewell (Attachments: # 1 Attachment Footnote # 1) (Jewell, Joanne) Event corrected and text clarified on 7/20/2022. (hbc) (Entered: 07/19/2022)
2022-07-2037MOTION for Entry of Defendant's Proposed Scheduling Order and OPPOSITION to Plaintiff's 35 Proposed Production Schedule filed by United States Department of Education. (Attachments: # 1 Proposed Order) (Weathers-Lowin, Benjamin) Text clarified on 7/21/2022. (hbc) (Entered: 07/20/2022)
2022-07-2138RESPONSE re 37 MOTION for Entry of Defendant's Proposed Scheduling Order and OPPOSITION to Plaintiff's 35 Proposed Production Schedule (Jewell, Joanne) Event corrected and text clarified on 7/27/2022. (hbc) (Entered: 07/21/2022)
2022-07-2739REPLY to Response to 37 MOTION for Entry of Defendant's Proposed Scheduling Order and Opposition to Plaintiff's Proposed Production Schedule re 35 Proposed Order filed by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 07/27/2022)
2022-08-0140STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 08/01/2022)
2022-08-0441MOTION Challenging the Deficiency of the Department of Education's Search and Production filed by Joanne C. Jewell. (Attachments: # 1 Attachment Graham Forward - Senator Leahy's Office)(Jewell, Joanne) Docket event/type corrected on 8/9/2022 (eh). (Entered: 08/04/2022)
2022-08-1642OPINION AND ORDER granting in part and denying in part 37 MOTION for Entry of Defendant's Proposed Scheduling Order; denying as moot 36 MOTION for the Court to Order an Expedited Response from Defendant and/or Accept Plaintiff's 35 Proposed Production Schedule. The Court hereby approves and enters the 43 Scheduling Order filed concurrently with this Opinion and Order. Signed by Judge Kevin J. Doyle on 8/16/2022. (eh) Modified on 8/16/2022 (eh). (Entered: 08/16/2022)
2022-08-1643SCHEDULING ORDER: Once the DOE has responded to all of the FOIA requests at issue in this case, the parties shall confer regarding the need, if any, for further litigation and apprise the Court of the same. Signed by Judge Kevin J. Doyle on 8/16/2022. (eh) Additional text added on 8/19/2022 (eh). (Entered: 08/16/2022)
2022-08-1844STATUS REPORT Addendum by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 08/18/2022)
2022-08-1845RESPONSE in Opposition re 41 Motion Challenging the Deficiency of the Department of Education's Search and Production, CROSS MOTION for Stay of Litigation Pending Production filed by United States Department of Education. (Attachments: # 1 Exhibit 1)(Weathers-Lowin, Benjamin) Modified on 8/22/2022 to add motion event (eh). Docket text clarified on 10/26/2022 (eh). (Entered: 08/18/2022)
2022-09-0246STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 09/02/2022)
2022-09-0247MOTION to Transfer Venue filed by Joanne C. Jewell. (Attachments: # 1 Exhibit # 1, # 2 Exhibit # 2, # 3 Exhibit #3) (Jewell, Joanne) Text clarified on 9/6/2022. (hbc) (Entered: 09/02/2022)
2022-09-1548RESPONSE in Opposition re 47 MOTION to Transfer Venue filed by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 09/15/2022)
2022-10-0349STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 10/03/2022)
2022-10-2650OPINION AND ORDER denying 41 MOTION Challenging the Deficiency of the Department of Education's Search and Production; granting 45 CROSS MOTION for Stay of Litigation Pending Production; denying 47 MOTION to Transfer Venue. Upon completion of DOE's document production, the parties shall advise the Court of the need, if any, for further litigation. Signed by Judge Kevin J. Doyle on 10/26/2022. (eh) (Entered: 10/26/2022)
2022-11-0251STATUS REPORT re: FOIA requests by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 11/02/2022)
2022-12-0252STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 12/02/2022)
2023-01-0353STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 01/03/2023)
2023-02-0154STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 02/01/2023)
2023-03-0155STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 03/01/2023)
2023-04-0356STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 04/03/2023)
2023-05-0257STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 05/02/2023)
2023-06-0158STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 06/01/2023)
2023-07-0559STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 07/05/2023)
2023-08-0160STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 08/01/2023)
2023-08-0261NOTICE of Hearing: Status Conference set for 8/25/2023 at 1:00 PM in Burlington Courtroom 410 before Judge Kevin J. Doyle. (hbc) (Entered: 08/02/2023)
2023-08-2362STIPULATED MOTION Attend Scheduling Conference by Telephone or Other Remote Means re 61 Notice of Hearing August 25, 2023 filed by Joanne C. Jewell (Attachments: # 1 Exhibit 1)(Jewell, Joanne) (Entered: 08/23/2023)
2023-08-2463ORDER granting 62 STIPULATED MOTION to Attend Scheduling Conference by Telephone or Other Remote Means re 61 Notice of Hearing August 25, 2023 . Signed by Judge Kevin J. Doyle on 8/24/2023. (This is a text-only Order.) (drg) (Entered: 08/24/2023)
2023-08-2464REVISED NOTICE of Hearing (location change for Plaintiff only): Status Conference set for 8/25/2023 at 1:00 PM in Burlington Courtroom 410 before Judge Kevin J. Doyle. (hbc) (Entered: 08/24/2023)
2023-08-2565MINUTE ENTRY for proceedings held before Judge Kevin J. Doyle: Status Conference held on 8/25/2023. Present via video conference is pro se pltf Joanne C. Jewell, present in the courtroom for deft is AUSA Benjamin Weathers-Lowin. Court makes inquiries. Statements by parties re status and pace of FOIA requests and production. ORDERED: The U.S. Department of Education will continue to release responsive records to pltf and file monthly status reports as outlined in the 43 Scheduling Order . (Court Reporter: Recorded) (hbc) Text clarified and link added on 8/25/2023. (hbc) (Entered: 08/25/2023)
2023-09-0166STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 09/01/2023)
2023-10-0267STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 10/02/2023)
2023-11-0668STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 11/06/2023)
2023-12-0169STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 12/01/2023)
2024-01-0270STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 01/02/2024)
2024-02-0271STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 02/02/2024)
2024-02-2872NOTICE of Hearing: Status Conference set for 3/7/2024 at 11:00 AM in Burlington Courtroom 410 before Judge Kevin J. Doyle. (hbc) (Entered: 02/28/2024)
2024-03-0673STATUS REPORT by United States Department of Education. (Weathers-Lowin, Benjamin) (Entered: 03/06/2024)
2024-03-0774MINUTE ENTRY for proceedings held before Judge Kevin J. Doyle: Status Conference held on 3/7/2024. Present via video conference are pro se pltf Joanne C. Jewell and AUSA Zachary Dayno. Present in the courtroom for deft is AUSA Benjamin Weathers-Lowin. Court makes inquiries. Gov't reports it's on track to finish production by approximately 3/31/2024. Statements by plaintiff re pace of production and de-duplication of documents. Gov't makes responsive statements. (Court Reporter: Recorded) (hbc) (Entered: 03/07/2024)
2024-03-0875MOTION to Modify Notes re 74 Status Conference filed by Joanne C. Jewell (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6 Attachment 6, # 7 Attachment 7, # 8 Attachment 8, # 9 Attachment 9, # 10 Attachment 10)(Jewell, Joanne) Document title corrected and attachments numbered in docket text on 3/8/2024 (drg). (Entered: 03/08/2024)
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