| Date Filed | Doc # | Docket Text |
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| 2017-08-22 | 1 | COMPLAINT against United States Department of Education, United States Department of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14043659)Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Silver, Blair) (Entered: 08/22/2017) |
| 2017-08-22 | 2 | CIVIL COVER SHEET filed. (Silver, Blair) (Entered: 08/22/2017) |
| 2017-08-22 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lambda Legal Defense and Education Fund, Inc..(Silver, Blair) (Entered: 08/22/2017) |
| 2017-08-22 | 4 | REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 08/22/2017) |
| 2017-08-22 | 5 | REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Education, re: 1 Complaint,. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 08/22/2017) |
| 2017-08-22 | 6 | NOTICE OF APPEARANCE by Susan L. Sommer on behalf of Lambda Legal Defense and Education Fund, Inc.. (Sommer, Susan) (Entered: 08/22/2017) |
| 2017-08-23 | 7 | ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (rch) (Entered: 08/23/2017) |
| 2017-08-23 | 8 | ELECTRONIC SUMMONS ISSUED as to United States Department of Education. (rch) (Entered: 08/23/2017) |
| 2017-08-23 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (rch) (Entered: 08/23/2017) |
| 2017-08-23 | | Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (rch) (Entered: 08/23/2017) |
| 2017-08-23 | | Case Designated ECF. (rch) (Entered: 08/23/2017) |
| 2017-08-28 | 9 | AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Education served on 8/28/2017, answer due 9/27/2017. Service was made by Mail. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 08/28/2017) |
| 2017-08-28 | 10 | AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Justice served on 8/28/2017, answer due 9/27/2017. Service was made by Mail. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 08/28/2017) |
| 2017-08-29 | 11 | ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Parties who are not local (within the Metropolitan tri-state area) may request to attend by phone by filing a letter motion via ECF. Any open legal issues can be addressed at the conference. All parties are required to register promptly as filing users on ECF. Counsel are further required to review and comply with the Court's Individual Rules and Procedures ("Individual Rules") (available at the Courts website, http://nysd.uscourts.gov/judge/Schofield).Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to prepare a joint Proposed Civil Case Management Plan and Scheduling Order in the form available at the Court's website (http://nysd.uscourts.gov/judge/Schofield) and append it to their joint letter described below. The parties must propose dates for the various deadlines even if they intend to request a stay of discovery. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF at least seven calendar days prior to the initial pre-trial conference, not to exceed 5 pages, providing the following information in separate paragraphs as further set forth in this Order. DATE AND PLACE OF CONFERENCE: October 10, 2017 at 11:00 a.m., in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. (Initial Conference set for 10/10/2017 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/29/17) (yv) (Entered: 08/29/2017) |
| 2017-09-05 | 12 | NOTICE OF APPEARANCE by Michael James Byars on behalf of United States Department of Education, United States Department of Justice. (Byars, Michael) (Entered: 09/05/2017) |
| 2017-09-06 | 13 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joseph Phillip Vardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14096343. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B)(Vardner, Joseph) Modified on 9/6/2017 (jc). (Entered: 09/06/2017) |
| 2017-09-06 | | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Joseph Phillip Vardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14096343. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (our court does not accept state bar certificates). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) (Entered: 09/06/2017) |
| 2017-09-20 | 14 | MOTION for Joseph Phillip Vardner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Vardner, Joseph) (Entered: 09/20/2017) |
| 2017-09-21 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Joseph Phillip Vardner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 09/21/2017) |
| 2017-09-21 | 15 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Avi Samuel Garbow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14153360. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Garbow, Avi) Modified on 9/21/2017 (ma). (Entered: 09/21/2017) |
| 2017-09-21 | | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 15 MOTION for Avi Samuel Garbow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14153360. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): PLEASE REMOVE THE NAME OF THE STATE BAR IN WHICH THE ATTORNEY IS INACTIVE FROM THE MOTION AND PLEASE REMOVE THAT CERTIFICATE OF GOOD STANDING AS WELL.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) (Entered: 09/21/2017) |
| 2017-09-21 | 16 | MOTION for Avi Samuel Garbow to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Text of Proposed Order)(Garbow, Avi) (Entered: 09/21/2017) |
| 2017-09-21 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Avi Samuel Garbow to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 09/21/2017) |
| 2017-09-26 | 17 | CONSENT LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Lorna G. Schofield from AUSA Michael J. Byars dated September 26, 2017. Document filed by United States Department of Education, United States Department of Justice.(Byars, Michael) (Entered: 09/26/2017) |
| 2017-09-27 | 18 | ORDER: granting 17 Letter Motion for Extension of Time. Application GRANTED. Defendants' deadline to respond to the Complaint is extended from September 27, 2017, to October 6, 2017. (Signed by Judge Lorna G. Schofield on 9/27/2017) (ama) (Entered: 09/27/2017) |
| 2017-09-27 | | Set/Reset Deadlines: United States Department of Education answer due 10/6/2017; United States Department of Justice answer due 10/6/2017. (ama) (Entered: 09/27/2017) |
| 2017-10-03 | 19 | LETTER addressed to Judge Lorna G. Schofield from Blair Silver dated 10/3/2017 re: Case Management Plan and Scheduling Order. Document filed by Lambda Legal Defense and Education Fund, Inc..(Silver, Blair) (Entered: 10/03/2017) |
| 2017-10-04 | 20 | ORDER: WHEREAS, on October 3, 2017, the parties filed a joint letter (Dkt. No. 19) in advance of the Initial Pretrial Conference Scheduled on October 10, 2017, at 11:00 A.M. It is hereby ORDERED that by October 5, 2017, at noon, the parties shall file a joint Proposed Civil Case Management Plan and Scheduling Order, in the form available at the Court's website (http://nysd.uscourts.gov/judge/Schofield), in compliance with the Court's Individual Rules. (Signed by Judge Lorna G. Schofield on 10/4/2017) (kgo) (Entered: 10/04/2017) |
| 2017-10-05 | 21 | NOTICE of Proposed Civil Case Management Plan and Scheduling Order re: 20 Order,,. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Silver, Blair) (Entered: 10/05/2017) |
| 2017-10-06 | 22 | ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for October 10, 2017 at 11:00 a.m., shall be rescheduled for October 10, 2017 at 10:40 a.m., due to a scheduling conflict. SO ORDERED., ( Initial Conference set for 10/10/2017 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/06/2017) (ama) (Entered: 10/06/2017) |
| 2017-10-06 | 23 | ANSWER to 1 Complaint,. Document filed by United States Department of Education, United States Department of Justice.(Byars, Michael) (Entered: 10/06/2017) |
| 2017-10-10 | 24 | ORDER granting 14 Motion for Joseph Phillip Vardner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 10/10/2017) |
| 2017-10-10 | 25 | ORDER granting 16 Motion for Avi Samuel Garbow to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 10/10/2017) |
| 2017-10-10 | 26 | ORDER: It is hereby ORDERED that by December 20, 2017, Defendants shall produce the Vaughn Index and documents in response to Plaintiff's Freedom of Information Act request. It is further ORDERED that by December 26, 2017, the parties shall file a joint status letter with an update about the document production in response to Plaintiff's FOIA request, and if Defendants are not fully compliant, Plaintiff shall file a pre-motion letter for any anticipated summary judgment motion. It is further ORDERED that by January 8, 2017, Defendants shall file a letter in response to Plaintiffs pre-motion letter, if any. It is further ORDERED that a conference will be held on January 16, 2018, at 10:40 A.M. to discuss the summary judgment motion, if any. Motion Hearing set for 1/16/2018 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/10/2017) (kgo) (Entered: 10/10/2017) |
| 2017-10-10 | | Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 10/10/2017. (jcs) (Entered: 01/09/2018) |
| 2017-10-27 | 27 | AMENDED ANSWER to 1 Complaint,. Document filed by United States Department of Education, United States Department of Justice. (Byars, Michael) (Entered: 10/27/2017) |
| 2017-11-30 | 28 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Susan L. Sommer to Withdraw as Attorney for Plaintiff . Document filed by Lambda Legal Defense and Education Fund, Inc..(Sommer, Susan) Modified on 12/3/2017 (db). (Entered: 11/30/2017) |
| 2017-12-01 | 29 | MEMO ENDORSEMENT granting 28 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Susan L. Sommer terminated. (Signed by Judge Lorna G. Schofield on 12/1/2017) (kgo) (Entered: 12/01/2017) |
| 2017-12-01 | 30 | CONSENT MOTION for Paul David Castillo to Appear Pro Hac Vice on behalf of Plaintiff Lambda Legal Defense and Education Fund, Inc. . Filing fee $ 200.00, receipt number 0208-14426325. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Castillo, Paul) (Entered: 12/01/2017) |
| 2017-12-01 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 CONSENT MOTION for Paul David Castillo to Appear Pro Hac Vice on behalf of Plaintiff Lambda Legal Defense and Education Fund, Inc. . Filing fee $ 200.00, receipt number 0208-14426325. Motion and supporting papers to b. The document has been reviewed and there are no deficiencies. (jc) (Entered: 12/01/2017) |
| 2017-12-13 | 31 | ORDER granting 30 Motion for Paul David Castillo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 12/13/2017) |
| 2017-12-19 | 32 | LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from AUSA Michael J. Byars dated December 19, 2017. Document filed by United States Department of Education, United States Department of Justice.(Byars, Michael) (Entered: 12/19/2017) |
| 2017-12-20 | 33 | ORDER: granting 32 Letter Motion for Extension of Time. Application GRANTED. The SCHEDULE is modified as follows: The deadline to produce the Vaughn Index and documents in response to Plaintiff's Freedom of Information Act request is extended from December 20, 2017, to January 19, 2018. The deadline to file a joint status letter with an update about document production in response to Plaintiff's FOIA request is extended from December 26, 2017, to January 26, 2018. The deadline to file a pre-motion letter for any anticipated summary judgment motion is extended from December 26, 2017, to January 26, 2018. The deadline to file a letter in response to Plaintiff's pre-motion letter, if any, is extended from January 8, 2018, to February 8, 2018. A pre-motion conference for the summary judgment motion will be held on February 25, 2018, at 10:50 A.M., if any. Motion hearing set for 2/25/2018, at 10:50 A.M. (Signed by Judge Lorna G. Schofield on 12/20/2017) (ap) (Entered: 12/20/2017) |
| 2017-12-20 | | Set/Reset Deadlines as to Motion Hearing set for 2/22/2018 at 10:30 AM before Judge Lorna G. Schofield. (ap) (Entered: 12/20/2017) |
| 2018-01-19 | 34 | LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Joseph P. Vardner dated January 19, 2018. Document filed by Lambda Legal Defense and Education Fund, Inc..(Vardner, Joseph) (Entered: 01/19/2018) |
| 2018-01-22 | 35 | ORDER granting 34 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 1/22/2018) (mro) (Entered: 01/22/2018) |
| 2018-02-16 | 36 | LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Joseph P. Vardner dated February 16, 2018. Document filed by Lambda Legal Defense and Education Fund, Inc..(Vardner, Joseph) (Entered: 02/16/2018) |
| 2018-02-20 | 37 | ORDER granting 36 Letter Motion for Extension of Time. Application GRANTED. This application is untimely. The SCHEDULE is modified as follows: The deadline for a joint status letter with an update about document production in response to Plaintiff's FOIA request is extended from February 16, 2018, to March 9, 2018. The deadline to file a pre-motion letter for any anticipated summary judgment is extended from February 16, 2018, to March 9, 2018. The deadline to file a letter in response to Plaintiff's pre-motion letter, if any, is extended from March 2, 2018, to March 23, 2018. (Signed by Judge Lorna G. Schofield on 2/20/2018) (kgo) (Entered: 02/20/2018) |
| 2018-02-27 | 38 | ENDORSED LETTER addressed to Judge Lorna G. Schofield from Joseph P. Vardner dated 2/21/2018 re: request to withdraw as counsel. ENDORSEMENT: SO ORDERED. (Attorney Joseph Phillip Vardner terminated.) (Signed by Judge Lorna G. Schofield on 2/27/2018) (ras) (Entered: 02/27/2018) |
| 2018-03-09 | 39 | JOINT STIPULATION OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to this action, that Plaintiff's claims are dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, and IT IS HEREBY FURTHER STIPULATED AND AGREED that this dismissal is without search fees, costs, attorneys' fees or conferral of prevailing party status pursuant to the Freedom of Information Act, 5 U.S.C. §552, or any other federal statute. The parties understand and agree that this stipulation contains their entire agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/9/2018) (rj) (Entered: 03/09/2018) |
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