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Case TitleSTATE OF INDIANA et al v. BIDEN et al
DistrictSouthern District of Indiana
CityIndianapolis
Case Number1:2022cv00430
Date Filed2022-03-04
Date Closed2023-03-22
JudgeJudge Jane Magnus-Stinson
PlaintiffSTATE OF INDIANA
PlaintiffSTATE OF ARIZONA
TERMINATED: 02/15/2023
PlaintiffSTATE OF ARKANSAS
PlaintiffSTATE OF GEORGIA
PlaintiffSTATE OF KANSAS
PlaintiffCOMMONWEALTH OF KENTUCKY
PlaintiffSTATE OF LOUISIANA
TERMINATED: 02/13/2023
PlaintiffSTATE OF MISSOURI
PlaintiffSTATE OF MONTANA
PlaintiffSTATE OF OHIO
TERMINATED: 02/13/2023
PlaintiffSTATE OF OKLAHOMA
PlaintiffSTATE OF SOUTH CAROLINA
PlaintiffSTATE OF TEXAS
PlaintiffSTATE OF UTAH
TERMINATED: 02/13/2023
Case DescriptionThe State of Indiana and 12 other states submitted FOIA requests to President Joe Biden, Attorney General Merrick Garland, and the Department of Education for records concerning Garland's comments that the Justice Department would act to protect school board meetings from violent disruption by groups and individuals protecting critical race theory. The requests focused on government exchanges with the National School Board Association. The requests also asked for fee waivers. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the States filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantPRESIDENT JOSEPH R. BIDEN
DefendantPRESIDENT JOSEPH R. BIDEN
TERMINATED: 01/20/2023
DefendantEXECUTIVE OFFICE OF THE PRESIDENT
DefendantEXECUTIVE OFFICE OF THE PRESIDENT
TERMINATED: 01/20/2023
DefendantATTORNEY GENERAL MERRICK B. GARLAND
DefendantATTORNEY GENERAL MERRICK B. GARLAND
TERMINATED: 01/20/2023
DefendantUS DEPARTMENT OF JUSTICE
DefendantSEC. OF EDUCATI MIGUEL A CARDONA
DefendantSEC. OF EDUCATI MIGUEL A CARDONA
TERMINATED: 01/20/2023
DefendantUS DEPARTMENT OF EDUCATION
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Opinion/Order [63]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-041COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-6996452) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - DOJ Oct 4 2021 Memorandum on Schools, # 3 Exhibit B - NSBA Sept 29 2021 Letter to President Biden, # 4 Exhibit C - State AGs Oct 18 2021 Letter Objecting to DOJ Memo, # 5 Exhibit D - NSBA Sept 29 2021 Email, # 6 Exhibit E - NSBA Oct 11 2021 Communication to Members, # 7 Exhibit F - NSBA Oct 5 2021 Email, # 8 Exhibit G - NSBA Oct 22 2021 Apology Letter, # 9 Exhibit H - State AGs Oct 26 2021 FOIA Request, # 10 Exhibit I - State AGs Oct 26 2021 Letter Requesting NSBA Documents, # 11 Exhibit J - Senate Judiciary Letter Dec 6 2021, # 12 Exhibit K - December 17 2021 FOIA Acknowledgement Letter, # 13 Exhibit L - Jan 5 2022 Acknowledgement Letter, # 14 Exhibit M - Education Dept Acknowledgement, # 15 Exhibit M - Education Dept Follow-up Emails)(DeNardi, Betsy) (Entered: 03/04/2022)
2022-03-042NOTICE of Appearance by Betsy M. DeNardi on behalf of Plaintiff STATE OF INDIANA. (DeNardi, Betsy) (Entered: 03/04/2022)
2022-03-043Proposed Summons submitted for issuance by the clerk as to All Defendants. (DeNardi, Betsy) (Entered: 03/04/2022)
2022-03-044NOTICE of Appearance by Cory Christian Voight on behalf of Plaintiff STATE OF INDIANA. (Voight, Cory) (Entered: 03/04/2022)
2022-03-045NOTICE of Appearance by Corrine Lorraine Youngs on behalf of Plaintiff STATE OF INDIANA. (Youngs, Corrine) (Entered: 03/04/2022)
2022-03-076Summons Issued as to JOSEPH R. BIDEN, MIGUEL A CARDONA, EXECUTIVE OFFICE OF THE PRESIDENT, MERRICK B. GARLAND, US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (MAC) (Entered: 03/07/2022)
2022-03-077MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) (Entered: 03/07/2022)
2022-03-078PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MAC) (Entered: 03/07/2022)
2022-03-079NOTICE of Appearance by Aaron John Silletto on behalf of Plaintiff COMMONWEALTH OF KENTUCKY. (Silletto, Aaron) (Entered: 03/07/2022)
2022-03-0810MOTION for Attorney(s) Benjamin M. Flowers to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7001898), filed by Plaintiff STATE OF OHIO. (Attachments: # 1 Text of Proposed Order)(Flowers, Benjamin) (Entered: 03/08/2022)
2022-03-0811MOTION for Attorney(s) Thomas T. Hydrick to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7001995), filed by Plaintiff STATE OF SOUTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(Hydrick, Thomas) (Entered: 03/08/2022)
2022-03-0812MOTION for Attorney(s) Bryan Cleveland to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7002116), filed by Plaintiff STATE OF OKLAHOMA. (Attachments: # 1 Proposed Order)(Cleveland, Bryan) (Entered: 03/08/2022)
2022-03-0813CERTIFICATE OF SERVICE by STATE OF OKLAHOMA re 12 MOTION for Attorney(s) Bryan Cleveland to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7002116) Certificate of Good Standing (Cleveland, Bryan) (Entered: 03/08/2022)
2022-03-0814MOTION for Attorney(s) Stephen J. Petrany to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7002371), filed by Plaintiff STATE OF GEORGIA. (Petrany, Stephen) (Entered: 03/08/2022)
2022-03-0815Submission of Proposed Order , re 14 MOTION for Attorney(s) Stephen J. Petrany to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7002371), filed by Plaintiff STATE OF GEORGIA. (Petrany, Stephen) (Entered: 03/08/2022)
2022-03-1016ORDER granting 10 Motion to Appear pro hac vice. Attorney Benjamin Michael Flowers for STATE OF OHIO added. Signed by Magistrate Judge Tim A. Baker on 3/10/2022. (SWM) (Entered: 03/10/2022)
2022-03-1017ORDER granting 11 Motion to Appear pro hac vice. Attorney Thomas T. Hydrick for STATE OF SOUTH CAROLINA added. Signed by Magistrate Judge Tim A. Baker on 3/10/2022. (SWM) (Entered: 03/10/2022)
2022-03-1018ORDER granting 12 Motion to Appear pro hac vice. Attorney Bryan Cleveland for STATE OF OKLAHOMA added. Signed by Magistrate Judge Tim A. Baker on 3/10/2022. (SWM) (Entered: 03/10/2022)
2022-03-1019ORDER granting 14 Motion to Appear pro hac vice. Attorney Stephen John Petrany for STATE OF GEORGIA added. Signed by Magistrate Judge Tim A. Baker on 3/10/2022. (SWM) (Entered: 03/10/2022)
2022-03-1020NOTICE of Appearance by Bryan Cleveland on behalf of Plaintiff STATE OF OKLAHOMA. (Cleveland, Bryan) (Entered: 03/10/2022)
2022-03-1121NOTICE of Appearance by Stephen John Petrany on behalf of Plaintiff STATE OF GEORGIA. (Petrany, Stephen) (Entered: 03/11/2022)
2022-03-1122NOTICE of Appearance by Benjamin Michael Flowers on behalf of Plaintiff STATE OF OHIO. (Flowers, Benjamin) (Entered: 03/11/2022)
2022-03-1623MOTION for Attorney(s) Jeffrey A. Chanay to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7015907), filed by Plaintiff STATE OF KANSAS. (Attachments: # 1 Text of Proposed Order)(Chanay, Jeffrey) (Entered: 03/16/2022)
2022-03-1724SUBMISSION OF PROPOSED ORDER re 23 MOTION for Attorney(s) Jeffrey A. Chanay to Appear pro hac vice , filed by Plaintiff STATE OF KANSAS. (Chanay, Jeffrey) Modified on 3/17/2022 (MAC). (Entered: 03/17/2022)
2022-03-1725ORDER granting 23 Motion to Appear pro hac vice. Attorney Jeffrey A Chanay for STATE OF KANSAS added. Signed by Magistrate Judge Tim A. Baker on 3/17/2022. (SWM) (Entered: 03/17/2022)
2022-03-2126NOTICE of Appearance by Jeffrey A Chanay on behalf of Plaintiff STATE OF KANSAS. (Chanay, Jeffrey) (Entered: 03/21/2022)
2022-03-2227MOTION for Attorney(s) Melissa Holyoak to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7023741), filed by Plaintiff STATE OF UTAH. (Attachments: # 1 Text of Proposed Order)(Holyoak, Melissa) (Entered: 03/22/2022)
2022-03-2328ORDER granting 27 Motion to Appear pro hac vice. Attorney Melissa Holyoak for STATE OF UTAH added. Signed by Magistrate Judge Tim A. Baker on 3/23/2022. (SWM) (Entered: 03/23/2022)
2022-03-2429MOTION for Attorney(s) Christian Corrigan to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7028241), filed by Plaintiff STATE OF MONTANA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Corrigan, Christian) (Entered: 03/24/2022)
2022-03-2430RETURN of Service, filed by STATE OF INDIANA. All Defendants. (Attachments: # 1 Exhibit A - Cardona Summons, # 2 Exhibit B - Dept of Education Summons, # 3 Exhibit C - Garland Summons, # 4 Exhibit D - Dept of Justice Summons, # 5 Exhibit E - President Biden Summons, # 6 Exhibit F - Exec. Office of the President Summons, # 7 Exhibit G - US Attorney Southern District of Indiana Delivery)(DeNardi, Betsy) (Entered: 03/24/2022)
2022-03-2531ORDER granting 29 Motion to Appear pro hac vice. Attorney Christian Brian Corrigan for STATE OF MONTANA added. Signed by Magistrate Judge Tim A. Baker on 3/25/2022. (SWM) (Entered: 03/25/2022)
2022-03-2532NOTICE of Appearance by Christian Brian Corrigan on behalf of Plaintiff STATE OF MONTANA. (Corrigan, Christian) (Entered: 03/25/2022)
2022-04-1233MOTION for Attorney(s) Elizabeth Murrill to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7056053), filed by Plaintiff STATE OF LOUISIANA. (Attachments: # 1 Proposed Order)(Murrill, Elizabeth) (Entered: 04/12/2022)
2022-04-1234MOTION for Attorney(s) Elisabeth Daigle to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7056103), filed by Plaintiff STATE OF LOUISIANA. (Attachments: # 1 Proposed Order)(Daigle, Elisabeth) (Entered: 04/12/2022)
2022-04-1235MOTION for Attorney(s) Joseph Scott St. John to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7056187), filed by Plaintiff STATE OF LOUISIANA. (Attachments: # 1 Proposed Order)(St. John, Joseph) (Entered: 04/12/2022)
2022-04-1336ORDER GRANTING 33 MOTION TO APPEAR PRO HAC VICE - This cause has come before the Court upon the motion of Elizabeth Murrill, counsel for the State of Louisiana, for leave to appear and participate pro hac vice in the above captioned cause only (Dkt. 33 ). Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. Signed by Magistrate Judge Tim A. Baker on 4/13/2022. (AKH) (Entered: 04/13/2022)
2022-04-1337ORDER GRANTING 34 MOTION TO APPEAR PRO HAC VICE - This cause has come before the Court upon the motion of Elisabeth Daigle counsel for the State of Louisiana, for leave to appear and participate pro hac vice in the above captioned cause only (Dkt. 34 ). Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. Signed by Magistrate Judge Tim A. Baker on 4/13/2022. (AKH) (Entered: 04/13/2022)
2022-04-1338ORDER GRANTING 35 MOTION TO APPEAR PRO HAC VICE - This cause has come before the Court upon the motion of Joseph Scott St. John, counsel for the State of Louisiana, for leave to appear and participate pro hac vice in the above-captioned cause only (Dkt. 35 ). Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. Signed by Magistrate Judge Tim A. Baker on 4/13/2022. (AKH) (Entered: 04/13/2022)
2022-04-2039MOTION for Attorney(s) Samuel Grant Dorfman to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7069137), filed by Plaintiff STATE OF TEXAS. (Attachments: # 1 Text of Proposed Order Proposed Order)(Dorfman, Samuel) (Entered: 04/20/2022)
2022-04-2140ORDER granting 39 Motion to Appear pro hac vice. Attorney Samuel Grant Dorfman for STATE OF TEXAS added. Signed by Magistrate Judge Tim A. Baker on 4/21/2022. (SWM) (Entered: 04/21/2022)
2022-04-2541NOTICE of Appearance by Joseph E. Borson on behalf of Defendants JOSEPH R. BIDEN, MIGUEL A CARDONA, EXECUTIVE OFFICE OF THE PRESIDENT, MERRICK B. GARLAND, US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (Borson, Joseph) (Entered: 04/25/2022)
2022-04-2542Partial ANSWER to 1 Complaint , filed by US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE.(Borson, Joseph) (Entered: 04/25/2022)
2022-04-2543MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) , filed by Defendants JOSEPH R. BIDEN, MIGUEL A CARDONA, EXECUTIVE OFFICE OF THE PRESIDENT, MERRICK B. GARLAND. (Attachments: # 1 Brief in Support)(Borson, Joseph) (Entered: 04/25/2022)
2022-04-2644SCHEDULING ORDER: Initial Pretrial Conference set for 5/10/2022 03:30 PM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. Counsel who attend the conference must have their appearance on file, and must be familiar with and prepared to discuss the facts and legal issues in the case, as well as the scope of damages. Counsel should expect to be asked specific questions concerning the case, and should be prepared to set forth all known facts that support any issue, claim, or defense, including any claim for or defense to damages. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 4/26/2022.(SWM) (Entered: 04/26/2022)
2022-04-2745NOTICE of Appearance by Joseph Scott St. John on behalf of Plaintiff STATE OF LOUISIANA. (St. John, Joseph) (Entered: 04/27/2022)
2022-04-2746NOTICE of Appearance by Elisabeth Daigle on behalf of Plaintiff STATE OF LOUISIANA. (Daigle, Elisabeth) (Entered: 04/27/2022)
2022-04-2747NOTICE of Appearance by Samuel Grant Dorfman on behalf of Plaintiff STATE OF TEXAS. (Dorfman, Samuel) (Entered: 04/27/2022)
2022-04-2848NOTICE of Appearance by Elizabeth B Murrill on behalf of Plaintiff STATE OF LOUISIANA. (Murrill, Elizabeth) (Entered: 04/28/2022)
2022-05-1050MOTION for Extension of Time to File Response to June 13, 2022 re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) , filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Voight, Cory) Modified on 5/10/2022 (NLR). (Entered: 05/10/2022)
2022-05-1251ORDER ON MAY 11, 2022, TELEPHONIC INITIAL PRETRIAL CONFERENCE - Parties appeared by counsel May 11, 2022, for a telephonic initial pretrial conference. Plaintiffs' motion for extension of time [Filing No. 50] is granted, and the deadline for Plaintiffs to respond to Defendants' motion to dismiss is enlarged to June 13, 2022. Any response to that motion shall be a single, joint response on behalf of all Plaintiffs. The parties shall file a status report by August 31, 2022, addressing case status, settlement, and the need to set any scheduling deadlines. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 05/12/2022)
2022-06-1352RESPONSE in Opposition re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) , filed by Plaintiffs COMMONWEALTH OF KENTUCKY, STATE OF ARIZONA, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF INDIANA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MISSOURI, STATE OF MONTANA, STATE OF OHIO, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, STATE OF UTAH. (Voight, Cory) (Entered: 06/13/2022)
2022-06-1353Unopposed MOTION for Extension of Time to File Reply to July 11, 2022 re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) , filed by Defendants JOSEPH R. BIDEN, MIGUEL A CARDONA, EXECUTIVE OFFICE OF THE PRESIDENT, MERRICK B. GARLAND. (Borson, Joseph) (Entered: 06/13/2022)
2022-06-1454ORDER -- It is hereby ORDERED that Defendants' Unopposed Motion for an Extension of Time to File Their Reply in Support of Their Partial Motion to Dismiss, ECF No. 53 , is GRANTED. Defendants shall file their reply brief on or before July 11, 2022. Signed by Judge Jane Magnus-Stinson on 6/14/2022. (MRI) (Entered: 06/14/2022)
2022-07-1155REPLY in Support of Motion re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) , filed by Defendants JOSEPH R. BIDEN, MIGUEL A CARDONA, EXECUTIVE OFFICE OF THE PRESIDENT, MERRICK B. GARLAND. (Borson, Joseph) (Entered: 07/11/2022)
2022-08-3156STATUS REPORT (Joint) by All Defendants. (Borson, Joseph) (Entered: 08/31/2022)
2022-09-0157MARGINAL ENTRY re 56 Status Report - The parties shall file an updated status report by October 14, 2022. Signed by Magistrate Judge Tim A. Baker on 9/1/2022.(SWM) (Entered: 09/01/2022)
2022-10-1458STATUS REPORT (Joint) by US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (Borson, Joseph) (Entered: 10/14/2022)
2022-10-1859MARGINAL ENTRY re 58 Status Report - The parties shall file an updated status report by November 14, 2022. Signed by Magistrate Judge Tim A. Baker on 10/18/2022.(SWM) (Entered: 10/18/2022)
2022-11-1460STATUS REPORT (Joint) by US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (Borson, Joseph) (Entered: 11/14/2022)
2022-11-1861Submission Text of Proposed Order Re: Doc No. 60 , filed by Defendants US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (Borson, Joseph) (Entered: 11/18/2022)
2022-11-1862ORDER re 60 Status Report-Parties shall adhereto the following briefing schedule: Defendants' Motion and Brief in Support: January 26, 2023. Plaintiffs' Cross-Motion, Brief in Support, and Opposition: February 23, 2023. Defendants' Reply in Support of Motion and Opposition to Cross-Motion: March 23, 2023. Plaintiffs' Reply: April 20, 2023. Signed by Magistrate Judge Tim A. Baker on 11/18/2022.(CBU) (Entered: 11/21/2022)
2023-01-2063ORDER - The Defendants' Motion to Dismiss, 43 , is GRANTED. The Plaintiff States' claims against President Biden, the Executive Office of the President, Attorney General Garland, and Secretary Cardona are DISMISSED under Fed. R. Civ. P. 12(b)(6). The Court directs the Clerk to terminate them as Defendants. This case remains pending against the Department of Justice and the Department of Education. The States of Arizona, Arkansas, and Missouri must each appear by counsel within 14 days. Failure to do so will result in their termination as Plaintiffs. Because these States have not appeared by counsel, they will not receive a copy of this Order via the Electronic Case Filing system. The Court therefore Orders counsel for the State of Indiana--who purported to file the response brief for these States--to provide appropriate notification to them of this Court's Order that they appear by counsel. The States of Louisiana, Ohio, Oklahoma, and Utah must each SHOW CAUSE within 14 days as to why they should not be dismissed for lack of standing to seek relief under FOIA given there is no evidence they made the FOIA request that is the basis of this lawsuit. (SEE ORDER.) Signed by Judge Jane Magnus-Stinson on 1/20/2023. (JSR) (Entered: 01/20/2023)
2023-01-2364MOTION for Attorney(s) Charles F. Capps to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7469125), filed by Plaintiff STATE OF MISSOURI. (Attachments: # 1 Text of Proposed Order Proposed Order)(Capps, Charles) (Entered: 01/23/2023)
2023-01-2365MOTION for Attorney(s) Zach West to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7470167), filed by Plaintiff STATE OF OKLAHOMA. (Attachments: # 1 Certificate of Good Standing)(West, Zachary) (Entered: 01/23/2023)
2023-01-2366Joint MOTION for Extension of Time to 28 days re: Briefing Schedule , filed by Defendants US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 01/23/2023)
2023-01-2467RESPONSE to Order to Show Cause , re 63 Order on Motion to Dismiss for Failure to State a Claim, filed by Plaintiffs STATE OF LOUISIANA, STATE OF OHIO, STATE OF OKLAHOMA, STATE OF UTAH. (Flowers, Benjamin) (Entered: 01/24/2023)
2023-01-2568ORDER granting 64 Motion to Appear pro hac vice. Attorney Charles F. Capps for STATE OF MISSOURI added. Signed by Magistrate Judge Tim A. Baker on 1/25/2023. (SWM) (Entered: 01/25/2023)
2023-01-2569ORDER granting 65 Motion to Appear pro hac vice. Attorney Zachary Paul West for STATE OF OKLAHOMA added. Signed by Magistrate Judge Tim A. Baker on 1/25/2023. (SWM) (Entered: 01/25/2023)
2023-01-2570ORDER granting Parties' 66 Motion to Modify Briefing Schedule. See Order for established deadlines. Signed by Magistrate Judge Tim A. Baker on 1/25/2023. (SWM) (Entered: 01/25/2023)
2023-01-2671ORDER - The Court ORDERS the Government to file any response to the Response to Order to Show Cause by February 10, 2023. In addition to generally addressing the standing of any state that did not submit a FOIA request, the Government should specifically address the State of Oklahoma's contention that it signed the FOIA request at issue in this case. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/26/2023. (JSR) (Entered: 01/26/2023)
2023-01-2672MOTION to Withdraw Attorney Appearance of Bryan Cleveland , filed by Plaintiff STATE OF OKLAHOMA. (West, Zachary) (Entered: 01/26/2023)
2023-01-2773Submission of Proposed Order , re 72 MOTION to Withdraw Attorney Appearance of Bryan Cleveland , filed by Plaintiff STATE OF OKLAHOMA. (West, Zachary) (Entered: 01/27/2023)
2023-01-2774MOTION for Attorney(s) Hannah Porter to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7477390), filed by Plaintiff STATE OF ARIZONA. (Attachments: # 1 Text of Proposed Order)(Porter, Hannah) (Entered: 01/27/2023)
2023-01-2775MOTION for Attorney(s) Dylan L. Jacobs to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7477965), filed by Plaintiff STATE OF ARKANSAS. (Jacobs, Dylan) (Entered: 01/27/2023)
2023-01-2776ORDER granting 72 Motion to Withdraw Attorney Appearance. Attorney Bryan Cleveland withdrawn. Signed by Magistrate Judge Tim A. Baker on 1/27/2023. (SWM) (Entered: 01/27/2023)
2023-01-3077ORDER granting 74 Motion to Appear pro hac vice. Attorney Hannah Porter for STATE OF ARIZONA added. Signed by Magistrate Judge Tim A. Baker on 1/30/2023. (SWM) (Entered: 01/30/2023)
2023-01-3078ORDER granting 75 Motion to Appear pro hac vice. Attorney Dylan L. Jacobs for STATE OF ARKANSAS added. Signed by Magistrate Judge Tim A. Baker on 22430. (SWM) (Entered: 01/30/2023)
2023-01-3179NOTICE of Appearance by Hannah Porter on behalf of Plaintiff STATE OF ARIZONA. (Porter, Hannah) (Entered: 01/31/2023)
2023-02-1080RESPONSE , re 71 Order, filed by Defendants US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (Borson, Joseph) (Entered: 02/10/2023)
2023-02-1381ORDER - The Court DISMISSES the claims asserted by the States of Louisiana, Ohio, and Utah WITHOUT PREJUDICE. No partial final judgment shall issue. The Clerk is DIRECTED to TERMINATE the States of Louisiana, Ohio, and Utah as parties in this case. (See Order.) Signed by Judge Jane Magnus-Stinson on 2/13/2023. (JSR) (Entered: 02/13/2023)
2023-02-1582Unopposed MOTION to Dismiss Plaintiff State of Arizona's Unopposed Motion for Voluntary Dismissal , filed by Plaintiff STATE OF ARIZONA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Porter, Hannah) (Entered: 02/15/2023)
2023-02-1583ORDER GRANTING PLAINTIFF STATE OF ARIZONA'S UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL - This cause has come before the Court upon the motion of Plaintiff State of Arizona for an order dismissing its claims in this case. Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED 82 . It is FURTHER ORDERED dismissing Plaintiff State of Arizona and its claims in this case, with each party to bear its own fees and costs. Signed by Judge Jane Magnus-Stinson on 2/15/2023. (JSR) (Entered: 02/15/2023)
2023-02-1784Joint MOTION for Extension of Time to March 9, 2023 in which to 70 Order on Motion for Extension of Time to File and to further extend the briefing schedule , filed by Defendants US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 02/17/2023)
2023-02-2185ORDER granting Parties' 84 Joint Motion to Modify the Briefing Schedule. See Order. Signed by Magistrate Judge Tim A. Baker on 2/21/2023. (SWM) (Entered: 02/21/2023)
2023-03-0986Joint MOTION for Extension of Time to 03/23/2023 in which to 85 Order on Motion for Extension of Time to File , filed by Defendants US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 03/09/2023)
2023-03-1087ORDER granting Parties' 86 Joint Motion to modify the briefing schedule in this case - See Order for briefing schedule. Signed by Magistrate Judge Tim A. Baker on 3/10/2023. (SWM) (Entered: 03/13/2023)
2023-03-2288**DISREGARD - SEE AMENDED STIPULATION 89 ** STIPULATION of Dismissal , as to Plaintiffs STATE OF INDIANA, COMMONWEALTH OF KENTUCKY, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF KANSAS, STATE OF MISSOURI, STATE OF MONTANA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, Defendants US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE, filed by STATE OF INDIANA. (Voight, Cory) Modified on 3/22/2023 (MRI). (Entered: 03/22/2023)
2023-03-2289STIPULATION of Dismissal (Amended) , as to Plaintiffs STATE OF INDIANA, COMMONWEALTH OF KENTUCKY, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF KANSAS, STATE OF MISSOURI, STATE OF MONTANA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, Defendants US DEPARTMENT OF EDUCATION, US DEPARTMENT OF JUSTICE, filed by STATE OF INDIANA. (Voight, Cory) (Entered: 03/22/2023)
2023-03-2290MARGINAL ENTRY - Dismissal with prejudice acknowledged 89 . Signed by Judge Jane Magnus-Stinson on 3/22/2023. (JSR) (Entered: 03/22/2023)
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