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Case TitleNational Consumer Law Center v. Department of Education
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2018cv12399
Date Filed2018-11-16
Date Closed2021-11-23
JudgeChief Judge F. Dennis Saylor, IV
PlaintiffNational Consumer Law Center
Case DescriptionThe National Consumer Law Center submitted a FOIA request to the Department of Education for records concerning the department's association with Maximus Federal Services or any other party operating under the name Default Resolution Group. NCLC also requested a fee waiver. The agency acknowledged receipt of the request and denied NCLC's fee waiver request. After hearing nothing further from the agency, NCLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Education
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-161COMPLAINT against Department of Education Filing fee: $ 400, receipt number 0101-7415271 (Fee Status: Filing Fee paid), filed by National Consumer Law Center. (Attachments: # 1 Exhibit Declaration of Ana Girn Vives with attachments, # 2 Civil Cover Sheet)(Yu, Persis) (Attachment 2 replaced on 11/16/2018 due to fillable format) (DaSilva, Carolina). (Entered: 11/16/2018)
2018-11-162ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (DaSilva, Carolina) (Entered: 11/16/2018)
2018-11-163Category Sheet by National Consumer Law Center. (Yu, Persis) (Main Document 3 replaced on 11/19/2018 to flatten PDF) (DaSilva, Carolina). (Entered: 11/16/2018)
2018-11-194ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary) (Entered: 11/19/2018)
2018-11-195Summons Issued as to Department of Education. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina) (Entered: 11/19/2018)
2019-01-046AMENDED COMPLAINT against Department of Education, filed by National Consumer Law Center. (Attachments: # 1 Exhibit Giron Vives Amended Declaration)(Yu, Persis) (Entered: 01/04/2019)
2019-02-067AFFIDAVIT OF SERVICE Executed by National Consumer Law Center. Department of Education served on 1/18/2019, answer due 2/8/2019. Acknowledgement filed by National Consumer Law Center. (Yu, Persis) (Entered: 02/06/2019)
2019-02-068First MOTION to Stay of Administrative Appeal Deadline by National Consumer Law Center. (Attachments: # 1 Text of Proposed Order Proposed Order)(Yu, Persis) (Entered: 02/06/2019)
2019-02-079NOTICE of Appearance by Stuart T. Rossman on behalf of National Consumer Law Center (Rossman, Stuart) (Entered: 02/07/2019)
2019-03-0510Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered. Plaintiff's 8 Motion for Stay of Administrative Appeal Deadline is GRANTED. The Plaintiff shall have until seven days after Defendant answers or otherwise responds to Plaintiff's First Amended Complaint to file any administrative appeal in the underlying FOIA request. (Pezzarossi, Lisa) (Entered: 03/05/2019)
2019-03-2211First MOTION for Leave to Appear Pro Hac Vice for admission of Joanna K. Darcus Filing fee: $ 100, receipt number 0101-7597858 by National Consumer Law Center. (Attachments: # 1 Affidavit Joanna Darcus Declaration)(Yu, Persis) (Entered: 03/22/2019)
2019-03-2512Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice Added Joanna K. Darcus. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Halley, Taylor) (Entered: 03/25/2019)
2019-04-1613ANSWER to 6 Amended Complaint by Department of Education.(Poswistilo, Susan) (Entered: 04/16/2019)
2019-07-2414NOTICE of Scheduling Conference: Scheduling Conference set for 8/21/2019 02:30 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Attachments: # 1 Scheduling Order Template) (Bono, Christine) (Entered: 07/24/2019)
2019-08-1915JOINT STATEMENT re scheduling conference . (Darcus, Joanna) (Entered: 08/19/2019)
2019-08-1916CERTIFICATION pursuant to Local Rule 16.1 by Plaintiff . (Attachments: # 1 Certificate of Service)(Darcus, Joanna) (Entered: 08/19/2019)
2019-08-1917Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered re 15 JOINT STATEMENT re scheduling conference. The parties shall file a joint status report by 9/13/2019, as to whether summary judgment briefing will be necessary and, if so, propose a briefing schedule. (Bono, Christine) (Entered: 08/19/2019)
2019-08-1918ELECTRONIC NOTICE OF RESCHEDULING. Scheduling Conference set for 8/21/2019 is CANCELLED. Status Conference set for 9/26/2019 02:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Parties may participate by telephone by notifying the deputy clerk by email, on or before 9/24/2019, and requesting dial-in information.) (Bono, Christine) (Entered: 08/19/2019)
2019-09-1619STATUS REPORT Jointly Filed by the Parties by National Consumer Law Center. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Darcus, Joanna) (Entered: 09/16/2019)
2019-09-2620Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered re 19 Status Report filed by National Consumer Law Center. Parties' proposed briefing schedule allowed. Defendant will file a motion to dismiss for lack of jurisdiction by 10/1/2019; Plaintiff will file its opposition by 10/22/2019; Defendant will file its reply in support of its motion to dismiss by 11/8/2019. (Bono, Christine) (Entered: 09/26/2019)
2019-09-2621Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 9/26/2019. Case called. Parties update court as to status of case. Court sets date for motion hearing. NOTICE OF HEARING: Motion Hearing set for 11/13/2019 03:30 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Darcus, Brizius) (Bono, Christine) (Entered: 09/27/2019)
2019-09-3022MOTION to Dismiss by Department of Education.(Poswistilo, Susan) (Entered: 09/30/2019)
2019-09-3023MEMORANDUM in Support re 22 MOTION to Dismiss filed by Department of Education. (Poswistilo, Susan) (Entered: 09/30/2019)
2019-10-2224MEMORANDUM in Opposition re 22 MOTION to Dismiss filed by National Consumer Law Center. (Darcus, Joanna) (Entered: 10/22/2019)
2019-11-0825Assented to MOTION for Extension of Time to November 22, 2019 to File Reply and to Continue Motion Hearing by Department of Education.(Poswistilo, Susan) (Entered: 11/08/2019)
2019-11-1226Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 25 Motion for Extension of Time. Defendant's reply to plaintiff's opposition to Defendant's Motion to Dismiss is due 11/22/2019. Hearing shall be rescheduled to 12/6/2019 at 2:00 PM. (Bono, Christine) (Entered: 11/12/2019)
2019-11-1227ELECTRONIC NOTICE Resetting Hearing on Motion 22 MOTION to Dismiss : Motion Hearing reset for 12/6/2019 02:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Bono, Christine) (Entered: 11/12/2019)
2019-11-1228ELECTRONIC NOTICE Canceling 11/13/2019 Motion Hearing. (Bono, Christine) (Entered: 11/12/2019)
2019-11-2229REPLY to Response to 22 MOTION to Dismiss filed by Department of Education. (Attachments: # 1 Exhibit)(Poswistilo, Susan) (Entered: 11/22/2019)
2019-12-0630Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Motion Hearing held on 12/6/2019 re 22 MOTION to Dismiss filed by Department of Education. Court hears arguments from parties and takes motion under advisement. (Court Reporter: Valerie OHara at vaohara@gmail.com.) (Attorneys present: Darcus, Rossman, Poswistilo) (Bono, Christine) (Entered: 12/06/2019)
2020-09-2431Chief Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered denying 22 Motion to Dismiss (Halley, Taylor) (Entered: 09/24/2020)
2020-09-2532ELECTRONIC NOTICE of Hearing. Status Conference set for 10/1/2020 at 2:00 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Bono, Christine) (Entered: 09/25/2020)
2020-09-2933NOTICE of Appearance by Jason C. Weida on behalf of Department of Education (Weida, Jason) (Entered: 09/29/2020)
2020-10-0134Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 10/1/2020. Case called; hearing is conducted by telephone. Parties update court as to status, efforts toward document production, and request additional time to report back to court as to progress. Court sets further status conference. NOTICE OF HEARING: Status Conference set for 12/1/2020 11:30 AM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Weida, Darcus) (Bono, Christine) (Entered: 10/01/2020)
2020-11-0235NOTICE of Withdrawal of Appearance by Jason C. Weida (Weida, Jason) (Entered: 11/02/2020)
2020-12-0136Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 12/1/2020. Case called; hearing is conducted by telephone. Parties update court as to status, efforts toward document production, and identification, narrowing and prioritization of search terms. Court instructs that parties shall continue to confer. Court sets further status conference. NOTICE OF HEARING: Status Conference set for 1/15/2021 at 3:20 PM in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.) (Attorneys present: Darcus, Poswistilo) (Bono, Christine) (Entered: 12/01/2020)
2021-01-1537Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 1/15/202. Case called; hearing is conducted by telephone. Parties update court as to status, and continued efforts toward document production, and identification, narrowing and prioritization of search terms; parties report that progress is being made. Court sets further status conference. NOTICE OF HEARING: Status Conference set for 2/26/2021 at 3:20 PM in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.) (Attorneys present: Darcus, Yu, Poswistilo) (Bono, Christine) (Entered: 01/15/2021)
2021-01-2538NOTICE of Withdrawal of Appearance by Joanna K. Darcus (Darcus, Joanna) (Entered: 01/25/2021)
2021-02-2639Electronic Clerk's Notes for Status Conference held before Chief Judge F. Dennis Saylor, IV: Case called; hearing is conducted by telephone. Parties update court as to status, and continued efforts toward document production, and identification, narrowing and prioritization of search terms; parties report that progress is being made with documents being released in March, April and May. Court sets further status conference. NOTICE OF HEARING(S): Status Conference set for 4/9/2021 at 3:10 p.m. in Remote Proceeding: Boston beforeJudge F. Dennis Saylor IV; This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, andrebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Yu, AUSA Poswistilo) (Beatty, Barbara) (Entered: 03/01/2021)
2021-04-0540ELECTRONIC NOTICE OF RESCHEDULING: Status Conference set for 4/8/2021 02:30 PM before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (McKillop, Matthew) (Entered: 04/05/2021)
2021-04-0841Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by telephone on 4/8/2021. Case called; Status discussed. DOE to release documents within the next week. NOTICE OF HEARING: Status Conference set for 6/15/2021 10:30 AM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Persis S. Yu for the plaintiff. Susan M. Poswistilo for the defendant.) (McKillop, Matthew) (Entered: 04/08/2021)
2021-06-1542Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by telephone on 6/15/2021. Case called; Search terms agreed upon. Defendant continues to send plaintiff documents. NOTICE OF HEARING: Status Conference set for 8/11/2021 10:00 AM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Persis S. Yu for the plaintiff. Susan M. Poswistilo for the defendant.) (McKillop, Matthew) (Entered: 06/15/2021)
2021-08-1143Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by telephone on 8/11/2021. Case called; status discussed; Defendant continues to send plaintiff documents. NOTICE OF HEARING: Status Conference set for 10/6/2021 10:00 AM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Persis S. Yu for the plaintiff. Susan M. Poswistilo for the defendant.) (McKillop, Matthew) (Entered: 08/11/2021)
2021-10-0644Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by telephone on 10/6/2021. Case called; status discussed; final production expected by 11/7/21. NOTICE OF HEARING: Status Conference set for 11/23/2021 03:20 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Stuart T. Rossman for the plaintiff. Susan M. Poswistilo for the government.) (McKillop, Matthew) (Entered: 10/06/2021)
2021-11-2345Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by telephone on 11/23/2021. Case called; Counsel reports settlement agreement has been reached; Clerk to enter 120 day settlement order. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Stuart T. Rossman for the plaintiff. Susan M. Poswistilo for the government.) (McKillop, Matthew) (Entered: 11/23/2021)
2021-11-2346Chief Judge F. Dennis Saylor, IV: ORDER entered. 120-DAY SETTLEMENT ORDER OF DISMISSAL (McManus, Caetlin) (Entered: 11/23/2021)
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