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Case TitleNye-Wilson et al v. United States Department of Education et al
DistrictDistrict of Hawaii
CityHawaii
Case Number1:2016cv00104
Date Filed2016-03-08
Date Closed2016-06-15
JudgeJUDGE SUSAN OKI MOLLWAY
PlaintiffCarol Nye-Wilson e-mail: carolnyewilson@yahoo.com
PlaintiffRandy Chapel
Case DescriptionCarol Nye-Wilson and Randy Chapel submitted a FOIA request to the Department of Education for records concerning educational funds available for Western Seminary. The agency indicated it would begin processing the request, but the agency had failed to provide any records by the time Nye-Wilson filed suit. Nye-Wilson and Randy Chapel also submitted seven FOIA requests to the Department of State for records pertaining to various members of the Chapel family. The agency acknowledged receipt of the requests, but failed to respond by the time Nye-Wilson and Chapel 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 400 Maryland Avenue, S.W., Washington, DC 20202
DefendantUnited States Department of State The Executive Office, Office of the Legal Adviser, Suite 5.600, 600 19th Street N.W., Washington, DC 20522
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-081COMPLAINT against United States Department of Education, United States Department of State - filed by Carol Nye-Wilson, Randy Chapel. (Attachments: # 1 Civil Cover Sheet, # 2 Transmittal Letter, # 3 Mailing Documentation) (emt, ) (Entered: 03/08/2016)
2016-03-082Summons Issued as to United States Department of Education. (emt, ) (Entered: 03/08/2016)
2016-03-083Summons Issued as to United States Department of State. (emt, ) (Entered: 03/08/2016)
2016-03-084Filing fee: $ 400, receipt number HI017638 re 1 Complaint. (emt, ) (Entered: 03/08/2016)
2016-03-085Order Setting Rule 16 Scheduling Conference TO BE SET Before Magistrate Judge Richard L. Puglisi - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/8/2016. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, ) (Entered: 03/08/2016)
2016-03-096EO: Rule 16 Scheduling Conference is set for 09:00AM on 6/22/2016 before MAGISTRATE JUDGE RICHARD L. PUGLISI. Plaintiffs shall notify Defendants of the Rule 16 Scheduling Conference set by the Court. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/09/2016)
2016-04-147CERTIFICATE OF SERVICE re 1 - by Carol Nye-Wilson. (Attachments: # 1 Certificate of Service Instructions) (emt, ) (Entered: 04/15/2016)
2016-04-278FIRST AMENDED COMPLAINT against United States Department of Education, United States Department of State - filed by Carol Nye-Wilson, Randy Chapel. (emt, ) (Additional attachment(s) added on 4/27/2016: # 1 Transmittal Letter from Carol Nye-Wilson and Randy Chapel, dated April 26, 2016) (emt, ). (Entered: 04/27/2016)
2016-04-279Summons Issued as to United States Department of State. (emt, ) (Entered: 04/27/2016)
2016-04-2711DECLARATION (of Randy Chapel) in response to the April 12, 2016 letter from the U.S. Department of Justice regarding Attorney General Loretta Lynch. This document is signed "/s/ Randy Chapel" and does not bear an original signature of the declarant. (emt, ) (Additional attachment(s) added on 5/10/2016: # 1 Mailing Documentation) (emt, ). (Entered: 05/10/2016)
2016-05-0910NOTICE of Appearance by Michael F. Albanese on behalf of United States Department of Education, United States Department of State on behalf of United States Department of Education, United States Department of State. (Albanese, Michael) (Entered: 05/09/2016)
2016-05-0912Letter from Carol Nye-Wilson dated May 4, 2016 Re: Declaration of Randy Chapel filed on April 27, 2016. (Attachments: # 1 PACER report) (emt, ) (Entered: 05/10/2016)
2016-05-1013Letter from the Clerk's Office addressed to Carol Nye-Wilson and Randy Chapel re 11 DECLARATION (of Randy Chapel) dated May 10, 2016. (emt, ) (Entered: 05/10/2016)
2016-05-1214STIPULATION to Extend Defendants' Deadline to Answer the First Amended Complaint by United States Department of Education, United States Department of State. (Albanese, Michael) (Entered: 05/12/2016)
2016-05-13ADVISORY ENTRY. If the filing party has not already done so, the 14 Stipulation to Extend Defendants' Deadline to Answer the First Amended Complaint filed by United States Department of Education, United States Department of State may be submitted by e-mail, to Magistrate Judge Richard L. Puglisi (puglisi_orders@hid.uscourts.gov) for consideration. The filing party may refer to LR100.8.1. Proposed Orders, LR100.8.2. E-mailing of Proposed Orders and Stipulations and LR100.8.3. E-mail addresses for order and stipulation submission to Chambers. (emt, ) (Entered: 05/13/2016)
2016-05-1315STIPULATION TO EXTEND DEFENDANTS' DEADLINE TO ANSWER THE FIRST AMENDED COMPLAINT re 8 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/13/2016. United States Department of Education answer due 6/15/2016; United States Department of State answer due 6/15/2016. (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Carol Nye-Wilson and Randy Chapel served by first class mail at the address of record on May 13, 2016. (Entered: 05/13/2016)
2016-05-2716CERTIFICATE OF SERVICE re 8 - by Carol Nye-Wilson. (Attachments: # 1 Certificate of Service Instructions, # 2 Mailing Documentation) (emt, ) (Entered: 05/27/2016)
2016-06-0817REPORT of Planning Meeting Joint Report of Rule 26(F) Conference; Certificate of Service . (Albanese, Michael) (Entered: 06/08/2016)
2016-06-1318ORIGINAL SIGNATURE submitted by Randy Chapel re 11 Declaration (of Randy Chapel) in responsive to the April 12, 2016 letter from the U.S. Department of Justice regarding Attorney General Loretta Lynch. (Attachments: # 1 copy of Clerk's Office letter to Plaintiffs re submission of original signature, dated May 10, 2016)(emt, ) (Entered: 06/13/2016)
2016-06-1319MOTION for Permission for Electronic Case Filing - by Plaintiff Carol Nye-Wilson. (Attachments: # 1 Transmittal Letter dated June 8, 2016, # 2 Mailing Documentation)(emt, ) (Entered: 06/14/2016)
2016-06-1521STIPULATION FOR DISMISSAL; ORDER by Randy Chapel, Carol Nye-Wilson - Signed by JUDGE SUSAN OKI MOLLWAY. This action is dismissed with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. (emt, ) (Entered: 06/15/2016)
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