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Case TitleThe Century Foundation v. United States Department of Education
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv03581
Date Filed2018-04-23
Date ClosedOpen
JudgeJudge Naomi Reice Buchwald
PlaintiffThe Century Foundation
Case DescriptionThe Century Foundation submitted a FOIA request to the Department of Education for records concerning a staff analysis provided to the Accrediting Council for Independent Colleges and Schools, a non-governmental entity. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Century Foundation 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
DefendantAccrediting Council for Independent Colleges and Schools
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-231COMPLAINT against United States Department of Education. (Filing Fee $ 400.00, Receipt Number 0208-14976211)Document filed by The Century Foundation. (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)(Elson, Alexander) (Entered: 04/23/2018)
2018-04-232CIVIL COVER SHEET filed. (Elson, Alexander) (Entered: 04/23/2018)
2018-04-233RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Century Foundation.(Elson, Alexander) (Entered: 04/23/2018)
2018-04-234FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) Modified on 4/24/2018 (jgo). (Entered: 04/23/2018)
2018-04-24***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander Samuel Elson. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 04/24/2018)
2018-04-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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 . (jgo) (Entered: 04/24/2018)
2018-04-24Magistrate Judge Stewart D. Aaron 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 . (jgo) (Entered: 04/24/2018)
2018-04-24Case Designated ECF. (jgo) (Entered: 04/24/2018)
2018-04-24***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Samuel Elson to RE-FILE Document No. 4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): second party name must include 'care of (c/o)';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 04/24/2018)
2018-04-245REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by The Century Foundation. (Elson, Alexander) (Entered: 04/24/2018)
2018-04-256ELECTRONIC SUMMONS ISSUED as to United States Department of Education. (sj) (Entered: 04/25/2018)
2018-04-267MOTION for Allyson Beth Baker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14994538. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accrediting Council for Independent Colleges and Schools. (Attachments: # 1 Affidavit of Allyson B. Baker in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing (District of Columbia), # 3 Text of Proposed Order)(Baker, Allyson) (Entered: 04/26/2018)
2018-04-26>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Allyson Beth Baker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14994538. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 04/26/2018)
2018-04-268ORDER FOR ADMISSION PRO HAC VICE granting 7 Motion for Allyson Beth Baker to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 4/26/2018) (mro) Modified on 4/27/2018 (mro). (Entered: 04/27/2018)
2018-04-279LETTER addressed to Judge Naomi Reice Buchwald from Allyson B. Baker, Esq. dated April 27, 2018 re: ACICS' Request to Move to Intervene. Document filed by Accrediting Council for Independent Colleges and Schools. (Attachments: # 1 Declaration of Sameer P. Sheikh, # 2 Declaration of Michelle Edwards)(Baker, Allyson) (Entered: 04/27/2018)
2018-04-3010LETTER addressed to Judge Naomi Reice Buchwald from Alexander Elson dated April 30, 2018 re: Rule 2B Pre-Motion Conference Request. Document filed by The Century Foundation. (Attachments: # 1 Exhibit A (ED Final Response to FOIA Request))(Elson, Alexander) (Entered: 04/30/2018)
2018-05-0211LETTER addressed to Judge Naomi Reice Buchwald from Alexander S. Elson dated May 2, 2018 re: Response to ACICS Letter [Dkt.9]. Document filed by The Century Foundation.(Elson, Alexander) (Entered: 05/02/2018)
2018-05-0212NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of United States Department of Education. (Lee, Casey) (Entered: 05/02/2018)
2018-05-0313AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. United States Department of Education served on 5/3/2018, answer due 6/4/2018. Service was made by Mail. Document filed by The Century Foundation. (Attachments: # 1 Exhibit A)(Elson, Alexander) (Entered: 05/03/2018)
2018-05-0414MOTION for Sameer Parvez Sheikh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15031694. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accrediting Council for Independent Colleges and Schools. (Attachments: # 1 Affidavit of Sameer P. Sheikh in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing (District of Columbia), # 3 Text of Proposed Order)(Sheikh, Sameer) (Entered: 05/04/2018)
2018-05-07>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Sameer Parvez Sheikh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15031694. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 05/07/2018)
2018-05-0715ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for Sameer P. Sheikh to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 5/7/2018) (rjm) (Entered: 05/08/2018)
2018-05-0816NOTICE OF APPEARANCE by Sameer Parvez Sheikh on behalf of Accrediting Council for Independent Colleges and Schools. (Sheikh, Sameer) (Entered: 05/08/2018)
2018-05-1817LETTER addressed to Judge Naomi Reice Buchwald from Casey K. Lee dated May 18, 2018 re: U.S. Department of Education's Response to Plaintiff's March 21, 2018, FOIA Request. Document filed by United States Department of Education.(Lee, Casey) (Entered: 05/18/2018)
2018-05-24Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 5/24/2018. (ade) (Entered: 05/24/2018)
2018-05-2418LETTER addressed to Judge Naomi Reice Buchwald from Casey K. Lee dated May 24, 2018 re: Follow-up to May 24, 2018, Telephonic Hearing. Document filed by United States Department of Education.(Lee, Casey) (Entered: 05/24/2018)
2018-05-3019ANSWER to 1 Complaint,. Document filed by United States Department of Education.(Lee, Casey) (Entered: 05/30/2018)
2018-06-0520NOTICE of Withdrawal of Letter Motion to Intervene (Dkt. 9) re: 9 Letter,. Document filed by Accrediting Council for Independent Colleges and Schools. (Baker, Allyson) (Entered: 06/05/2018)
2018-08-0121STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) United States Department of Education pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Century Foundation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .(Elson, Alexander) (Entered: 08/01/2018)
2018-08-01***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 21 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Naomi Reice Buchwald for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) (Entered: 08/01/2018)
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