Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that disclosure of documents concerning a risk model used by the Education Department's Inspector General to assess risks of misuse of federal funds by state and local education agencies does not moot a request submitted by Brustein & Manasevit. However, she granted the agency's summary judgment motion after finding the agency had conducted an adequate search and found all responsive records. In its semi-annual report to Congress, the IG revealed the existence of the risk model. Brustein & Manasevit then filed a request for documents explaining the risk model and the agency located three documents. However, the agency withheld the documents entirely under Exemption 5 (privileges) and Exemption 7(E) (investigative methods and techniques). Sometime after Brustein & Manasevit filed suit, the agency changed its mind and disclosed the three documents entirely. It then asked Jackson to find that the case was moot because all the responsive documents had been disclosed. Jackson rejected the agency's mootness claim, pointing out that "the production of documents in the context of a FOIA case does not automatically render the case moot because the plaintiff may still have 'a cognizable interest' in having a court determine the adequacy of the agency's search for records." She noted that "Plaintiff vigorously maintains that the dispute is still alive and well because there are additional documents related to the Risk Model that DOE has not located or released, and therefore DOE's search was obviously inadequate." Having found the case was not moot, Jackson proceeded to approve of the adequacy of the agency's search and disclosure of responsive documents. Noting that the agency had provided an affidavit from the individual in the IG's Office who created and maintained the risk model, Jackson observed that the employee's "attestation that 'all records related to' the Risk Model are stored on his own work computer, which he personally searched in response to Plaintiff's FOIA request, eliminates any material questions of fact regarding the scope of the search and also effectively disposes of any adequacy issue." She dismissed Brustein & Manasevit's claims that the search was inadequate because it did not uncover other documents, pointing out that "Plaintiff here has provided nothing beyond rank speculation about the possible existence of materials that explain the various factors in the Risk Model in its attempt to undermine the clear conclusion that DOE's search was reasonable and adequate."
Issues: Litigation - Jurisdiction, Adequacy - Search

Date Filed	Doc #	Docket Text
2013-05-15	1	COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-3325964) filed by BRUSTEIN & MANASEVIT, PLLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1: OIG Semiannual Report, # 3 Exhibit Exhibit 2: FOIA Request, # 4 Exhibit Exhibit 3: FOIA Request Acknowledgement, # 5 Exhibit Exhibit 4: FOIA Request Response, # 6 Exhibit Exhibit 5: FOIA Appeal, # 7 Exhibit Exhibit 6: FOIA Appeal Response)(Auerbach, Erin) . (Entered: 05/15/2013)
2013-05-15		Case Assigned to Judge Colleen Kollar-Kotelly. (kb, ) (Entered: 05/16/2013)
2013-05-16	2	ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on May 16, 2013. (SM) (Entered: 05/16/2013)
2013-05-16	3	REQUEST FOR SUMMONS TO ISSUE by BRUSTEIN & MANASEVIT, PLLC filed by BRUSTEIN & MANASEVIT, PLLC.(Auerbach, Erin) (Entered: 05/16/2013)
2013-05-16	4	Case randomly reassigned to Judge Ketanji Brown Jackson. Judge Colleen Kollar-Kotelly no longer assigned to the case. (ds) (Entered: 05/16/2013)
2013-05-17	5	Electronic (1) Summons Issued as to UNITED STATES DEPARTMENT OF EDUCATION (jf, ) (Entered: 05/17/2013)
2013-06-20	6	NOTICE of Appearance by Wyneva Johnson on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Johnson, Wyneva) (Entered: 06/20/2013)
2013-06-21	7	Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 06/21/2013)
2013-06-24		MINUTE ORDER. Upon consideration of 7 Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by Defendant UNITED STATES DEPARTMENT OF EDUCATION, the motion is hereby GRANTED. Defendant shall file a responsive pleading by August 1, 2013. Signed by Judge Ketanji Brown Jackson on 06/24/2013. (lckbj2) (Entered: 06/24/2013)
2013-08-01	8	MOTION to Dismiss , MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Affidavit Declaration of Marta Erceg, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/01/2013)
2013-08-14	9	RESPONSE re 8 MOTION to Dismiss MOTION for Summary Judgment filed by BRUSTEIN & MANASEVIT, PLLC. (Attachments: # 1 Memorandum in Support Memorandum of Points and Authorities, # 2 Statement of Facts Statement of Material Facts To Which There is Genuine Issue, # 3 Text of Proposed Order Proposed Order)(Auerbach, Erin) (Entered: 08/14/2013)
2013-08-26	10	REPLY to opposition to motion re 8 MOTION to Dismiss MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration, # 2 Declaration)(Johnson, Wyneva) (Entered: 08/26/2013)
2014-03-31	11	ORDER granting 8 Motion for Summary Judgment. See attached order and accompanying Memorandum Opinion for details. Signed by Judge Ketanji Brown Jackson on 03/31/2014. (lckbj2) (Entered: 03/31/2014)
2014-03-31	12	MEMORANDUM OPINION. See attached Memorandum Opinion and accompanying Order for details. Signed by Judge Ketanji Brown Jackson on 03/31/2014. (lckbj2) (Entered: 03/31/2014)
Hide Docket Events