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Case TitleNye-Wilson v. U.S. Department of Education
DistrictNorthern District of California
CitySan Jose
Case Number5:2018cv01846
Date Filed2018-03-26
Date Closed2018-12-21
JudgeMagistrate Judge Virginia K. DeMarchi
PlaintiffCarol Nye-Wilson
Case DescriptionCarol Nye-Wilson submitted multiple FOIA requests to the Department of Education for records on a variety of topics. When the agency failed to respond to most of her requests, Nye-Wilson filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Department of Education
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-261COMPLAINT against U.S. Department of Education (Filing fee $ 400. receipt #54611017435). Filed by Carol Nye-Wilson. Consent/Declination due by 4/9/2018. (Attachments: # 1 Civil Cover Sheet)(dhmS, COURT STAFF) (Filed on 3/26/2018) (Entered: 03/27/2018)
2018-03-262Summons Issued as to U.S. Department of Education, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 3/26/2018) (Entered: 03/27/2018)
2018-03-263Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/19/2018. Initial Case Management Conference set for 6/26/2018 01:30 PM in San Jose, Courtroom 2, 5th Floor. (Attachments: # 1 Standing Order)(dhmS, COURT STAFF) (Filed on 3/26/2018) (Entered: 03/27/2018)
2018-04-164CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carol Nye-Wilson. (dhmS, COURT STAFF) (Filed on 4/16/2018) (Entered: 04/17/2018)
2018-04-165SUMMONS Returned Executed by Carol Nye-Wilson. U.S. Department of Education served on 4/3/2018, answer due 6/4/2018. (dhmS, COURT STAFF) (Filed on 4/16/2018) (Entered: 04/17/2018)
2018-05-026CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Education.. (Attachments: # 1 Certificate/Proof of Service)(Pyle, Michael) (Filed on 5/2/2018) (Entered: 05/02/2018)
2018-05-027ANSWER to Complaint byU.S. Department of Education. (Attachments: # 1 Certificate/Proof of Service)(Pyle, Michael) (Filed on 5/2/2018) (Entered: 05/02/2018)
2018-06-048ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Virginia K. DeMarchi for all further proceedings. Magistrate Judge Howard R. Lloyd no longer assigned to the case. Signed by Judge Executive Committee on 6/4/18. (cfeS, COURT STAFF) (Filed on 6/4/2018) (Additional attachment(s) added on 6/5/2018: # 1 Certificate/Proof of Service) (sp, COURT STAFF). (Entered: 06/05/2018)
2018-06-06Reset Hearing re 3 Initial Case Management Scheduling Order with ADR Deadlines, Initial Case Management Conference set for 6/26/2018 01:30 PM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi (pmc, COURT STAFF) (Filed on 6/6/2018) (Entered: 06/06/2018)
2018-06-119ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 6/11/2018) (Entered: 06/11/2018)
2018-06-1210ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: # 1 Certificate/Proof of Service)(Pyle, Michael) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-1411CASE MANAGEMENT STATEMENT (Defendant's Case Management Conference Statement) filed by U.S. Department of Education. (Attachments: # 1 Certificate/Proof of Service)(Pyle, Michael) (Filed on 6/14/2018) (Entered: 06/14/2018)
2018-06-1415ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (dhmS, COURT STAFF) (Filed on 6/14/2018) (Entered: 06/20/2018)
2018-06-1416NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (dhmS, COURT STAFF) (Filed on 6/14/2018) (Entered: 06/20/2018)
2018-06-1812NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Attachments: # 1 Certificate/Proof of Service)(Pyle, Michael) (Filed on 6/18/2018) (Entered: 06/18/2018)
2018-06-1813ADR Remark: Because the Notice of Need for ADR Phone Conference was late-filed on June 18, 2018, the ADR Unit is unable to schedule an ADR Phone Conference in advance of the Case Management Conference on June 26, 2018. re 12 Notice of need of ADR Phone Conference (ADR L.R. 3-5 d) (af, COURT STAFF) (Filed on 6/18/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/18/2018)
2018-06-1914RULE 26(F) and CASE MANAGEMENT STATEMENT; Certificate of Service filed by Carol Nye-Wilson. (Attachments: # 1 Envelope)(dhmS, COURT STAFF) (Filed on 6/19/2018) (Entered: 06/19/2018)
2018-06-2617Minute Entry for proceedings held before Magistrate Judge Virginia K DeMarchi: Initial Case Management Conference held on 6/26/2018. Hearing held. Court to issue written scheduling order. FTR Time: 1:50-1:58. Plaintiff Attorney: Carol Nye-Wilson, in pro se. Defendant Attorney: Michael Pyle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmc, COURT STAFF) (Date Filed: 6/26/2018) (Entered: 06/26/2018)
2018-06-2618PDF with attached Audio File. Court Date & Time [ 6/26/2018 1:49:56 PM ]. File Size [ 4144 KB ]. Run Time [ 00:08:38 ]. (courtspeak). (Entered: 06/26/2018)
2018-06-2619CASE MANAGEMENT ORDER: Plaintiff's letter re document production due by 7/31/2018. Parties to confer by 8/14/2018. Parties to file Status Report by 8/28/2018. Signed by Magistrate Judge Virginia K. DeMarchi on 6/26/2018. (vkdlc2S, COURT STAFF) (Filed on 6/26/2018) (Entered: 06/26/2018)
2018-06-2620CERTIFICATE OF SERVICE re 19 Case Management Scheduling Order,, Set Deadlines/Hearings, (pmc, COURT STAFF) (Filed on 6/26/2018) (Entered: 06/26/2018)
2018-08-2721STATUS REPORT; Certificate of Service by Carol Nye-Wilson. (Attachments: # 1 Envelope)(dhmS, COURT STAFF) (Filed on 8/27/2018) (Entered: 08/27/2018)
2018-08-2822STATUS REPORT by U.S. Department of Education. (Attachments: # 1 Certificate/Proof of Service)(Pyle, Michael) (Filed on 8/28/2018) (Entered: 08/28/2018)
2018-09-0523FURTHER CASE MANAGEMENT ORDER. Signed by Magistrate Judge Virginia K. DeMarchi on 9/5/2018. (vkdlc2S, COURT STAFF) (Filed on 9/5/2018) (Entered: 09/05/2018)
2018-09-0524CERTIFICATE OF SERVICE re 23 Case Management Scheduling Order (pmc, COURT STAFF) (Filed on 9/5/2018) (Entered: 09/05/2018)
2018-10-2625MOTION to Compel Production; Memorandum of Points and Authorities in Support Thereof filed by Carol Nye-Wilson. Motion Hearing set for 12/4/2018 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K DeMarchi. Responses due by 11/9/2018. Replies due by 11/16/2018. (dhmS, COURT STAFF) (Filed on 10/26/2018) (Entered: 10/26/2018)
2018-10-2626Declaration of Carol Nye-Wilson in Support of 25 MOTION to Compel Production filed byCarol Nye-Wilson. (Related document(s) 25 ) (dhmS, COURT STAFF) (Filed on 10/26/2018) (Entered: 10/26/2018)
2018-10-2627Proposed Order re 25 MOTION to Compel Production by Carol Nye-Wilson. (dhmS, COURT STAFF) (Filed on 10/26/2018) (Entered: 10/26/2018)
2018-10-2628CERTIFICATE OF SERVICE by Carol Nye-Wilson re 25 MOTION to Compel, 26 Declaration in Support, 27 Proposed Order (dhmS, COURT STAFF) (Filed on 10/26/2018) (Entered: 10/26/2018)
2018-11-0929OPPOSITION/RESPONSE (re 25 MOTION to Compel ) filed byU.S. Department of Education. (Attachments: # 1 Declaration of Valerie Lefor, # 2 Declaration of Ann Marie Pedersen, # 3 Declaration of Chuck Mula, # 4 Declaration of Michael Pyle w Exhs 1&2, # 5 Proposed Order, # 6 Certificate/Proof of Service)(Pyle, Michael) (Filed on 11/9/2018) (Entered: 11/09/2018)
2018-11-1630RESPONSE to Defendants' Opposition to ( 25 MOTION to Compel ) filed by Carol Nye-Wilson. (dhmS, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)
2018-11-1631Declaration of Carol Nye-Wilson in Support of 30 Response to Opposition to Compel filed by Carol Nye-Wilson. (Related document(s) 30 ) (dhmS, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)
2018-11-1632Declaration of Randy Chapel in Support of 30 Response to Opposition to Compel filed by Carol Nye-Wilson. (Related document(s) 30 ) (dhmS, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)
2018-11-1633CERTIFICATE OF SERVICE by Carol Nye-Wilson re 31 Declaration in Support, 30 Response to Opposition, 32 Declaration in Support (dhmS, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)
2018-12-0434Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Motion Hearing held on 12/4/2018. re 25 MOTION to Compel filed by Carol Nye-Wilson Parties present arguments. Motion taken under submission. Court to issue written order and Summary Judgment Motion schedule. FTR Time: 10:07-10:27. Plaintiff Attorney: Carol Nye-Wilson, in pro se. Defendant Attorney: Michael Pyle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmc, COURT STAFF) (Date Filed: 12/4/2018) (Entered: 12/04/2018)
2018-12-0435PDF with attached Audio File. Court Date & Time [ 12/4/2018 10:07:06 AM ]. File Size [ 9680 KB ]. Run Time [ 00:20:10 ]. (courtspeak). (Entered: 12/04/2018)
2018-12-0436ORDER Setting Summary Judgment Briefing Schedule. Plaintiff's opening motion due by 1/11/2019. Defendant's response due by 1/25/2019. Plaintiff's reply due by 2/1/2019. Defendant's sur-reply due by 2/8/2019. Motion Hearing set for 3/5/2019 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Signed by Magistrate Judge Virginia K. DeMarchi on 12/4/2018. (vkdlc2S, COURT STAFF) (Filed on 12/4/2018) (Additional attachment(s) added on 12/5/2018: # 1 Certificate/Proof of Service) (pmcS, COURT STAFF). (Entered: 12/04/2018)
2018-12-1037NOTICE by U.S. Department of Education Defendant's Notice of Plaintiff's Request That Her Case Be Dismissed Without Prejudice (Attachments: # 1 Certificate/Proof of Service)(Pyle, Michael) (Filed on 12/10/2018) (Entered: 12/10/2018)
2018-12-1038ORDER re Email Communication from Plaintiff. Signed by Magistrate Judge Virginia K. DeMarchi on 12/10/2018. (vkdlc2S, COURT STAFF) (Filed on 12/10/2018) (Additional attachment(s) added on 12/11/2018: # 1 Certificate/Proof of Service) (pmcS, COURT STAFF). (Entered: 12/10/2018)
2018-12-1239Letter dated 12/6/2018 from Carol Nye-Wilson. (Attachments: # 1 Envelope)(dhmS, COURT STAFF) (Filed on 12/12/2018) (Entered: 12/12/2018)
2018-12-1440MOTION Requesting an Order of Dismissal without Prejudice; Proposed Order filed by Carol Nye-Wilson. Responses due by 12/28/2018. Replies due by 1/4/2019. (dhmS, COURT STAFF) (Filed on 12/14/2018) (Entered: 12/14/2018)
2018-12-2041Statement of Non-Opposition re 40 MOTION Requesting an Order of Dismissal without Prejudice filed byU.S. Department of Education. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 40 ) (Pyle, Michael) (Filed on 12/20/2018) (Entered: 12/20/2018)
2018-12-2142ORDER by Magistrate Judge Virginia K. DeMarchi granting 40 plaintiff's Motion for an Order of Dismissal. (vkdlc2S, COURT STAFF) (Filed on 12/21/2018) (Additional attachment(s) added on 12/21/2018: # 1 Certificate/Proof of Service) (pmcS, COURT STAFF). (Entered: 12/21/2018)
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