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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03029
Date Filed2019-10-10
Date Closed2020-05-26
JudgeJudge Emmet G. Sullivan
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted four FOIA requests to the Department of Education for records concerning Steven Menashi, the agency's acting General Counsel who had just been nominated to serve on the U.S. Court of Appeals for the Second Circuit. American Oversight also requested expedited processing. The agency acknowledged receipt of the requests. The agency denied American Oversight's expedited processing request for two of its requests but did not address the other two requests. After hearing nothing further from the agency pertaining to any of its requests, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. DEPARTMENT OF EDUCATION
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

2019-10-101COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number ADCDC-6439932) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons, # 8 Summons)(Lewis, Emma) (Entered: 10/10/2019)
2019-10-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Lewis, Emma) (Entered: 10/10/2019)
2019-10-11Case assigned to Judge Emmet G. Sullivan. (zmc) (Entered: 10/11/2019)
2019-10-113SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/11/2019)
2019-10-214STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 10/21/19. (Attachment: Exhibit 1) (mac) (Entered: 10/21/2019)
2019-10-215NOTICE of Appearance by Sara Kaiser Creighton on behalf of AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 10/21/2019)
2019-10-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/16/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/15/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/21/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 10/21/2019 (Creighton, Sara) (Entered: 10/25/2019)
2019-10-297NOTICE of Appearance by Charles Edward Talmadge Roberts on behalf of All Defendants (Roberts, Charles) (Entered: 10/29/2019)
2019-11-158ANSWER to Complaint by U.S. DEPARTMENT OF EDUCATION.(Roberts, Charles) (Entered: 11/15/2019)
2020-01-09MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than February 10, 2020. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiffs FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 1/9/2020. (lcegs2) (Entered: 01/09/2020)
2020-01-10Set/Reset Deadlines: Proposed Joint Scheduling Order due by 2/10/2020. (mac) (Entered: 01/10/2020)
2020-02-109Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Roberts, Charles) (Entered: 02/10/2020)
2020-02-10MINUTE ORDER. In light of 9 Parties Joint Status Report, the parties are directed to file another Joint Status Report by no later than March 27, 2020. Signed by Judge Emmet G. Sullivan on 2/10/2020. (lcegs2) (Entered: 02/10/2020)
2020-02-11Set/Reset Deadlines: Joint Status Report due by 3/27/2020. (mac) (Entered: 02/11/2020)
2020-03-2510NOTICE of Appearance by Mehreen A Rasheed on behalf of AMERICAN OVERSIGHT (Rasheed, Mehreen) (Entered: 03/25/2020)
2020-03-2711Joint STATUS REPORT by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 03/27/2020)
2020-03-31MINUTE ORDER. In view of 11 the parties' joint status report, the parties are directed to file a further joint status report by no later than May 26, 2020. Signed by Judge Emmet G. Sullivan on 3/31/2020. (lcegs2) (Entered: 03/31/2020)
2020-04-01Set/Reset Deadlines: Joint Status Report due by 5/26/2020. (mac) (Entered: 04/01/2020)
2020-05-2612STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 05/26/2020)
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by FOIA Project Staff
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