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Case TitleNew York Legal Assistance Group v. United States Department of Education
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv01427
Date Filed2023-02-21
Date Closed2024-08-16
JudgeMagistrate Judge Stewart D. Aaron
PlaintiffNew York Legal Assistance Group
Case DescriptionThe New York Legal Assistance Group submitted a FOIA request to the Department of Education for records concerning litigation on defaulted federal student loans and the agency's FOIA practices. NYLAG also requested a fee waiver. The agency acknowledged receipt of the request. The agency provided some records. NYLAG filed an administrative appeal. After hearing nothing further from the agency, NYLAG filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Education
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-211COMPLAINT against United States Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27368037)Document filed by New York Legal Assistance Group. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit FOIA Response, # 3 Exhibit Responsive Record).(Ranucci, Jessica) (Entered: 02/21/2023)
2023-02-212CIVIL COVER SHEET filed..(Ranucci, Jessica) (Entered: 02/21/2023)
2023-02-213REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 02/21/2023)
2023-02-214RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 02/21/2023)
2023-02-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(jgo) (Entered: 02/22/2023)
2023-02-22Magistrate 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 02/22/2023)
2023-02-22Case Designated ECF. (jgo) (Entered: 02/22/2023)
2023-02-225ELECTRONIC SUMMONS ISSUED as to United States Department of Education..(jgo) (Entered: 02/22/2023)
2023-02-246SUMMONS RETURNED EXECUTED Summons and Complaint, served. United States Department of Education served on 2/24/2023. Service was made by Mail. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 02/24/2023)
2023-03-107NOTICE OF APPEARANCE by Danielle Feldman Tarantolo on behalf of New York Legal Assistance Group..(Tarantolo, Danielle) (Entered: 03/10/2023)
2023-03-178NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of United States Department of Education..(Dolinger, Samuel) (Entered: 03/17/2023)
2023-03-209NOTICE OF APPEARANCE by Shanna Marie Tallarico on behalf of New York Legal Assistance Group..(Tallarico, Shanna) (Entered: 03/20/2023)
2023-03-2910NOTICE OF APPEARANCE by Jeremy Liss on behalf of United States Department of Education..(Liss, Jeremy) (Entered: 03/29/2023)
2023-03-2911ANSWER to 1 Complaint,. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 03/29/2023)
2023-04-0312ORDER: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Andrew L. Carter, Jr on 4/3/2023) (tg) Modified on 4/3/2023 (tg). (Entered: 04/03/2023)
2023-04-0413ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference on Tuesday, April 18, 2023, at 2:00 p.m. to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. Telephone Conference set for 4/18/2023 at 02:00 PM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 4/4/2023) (kv) (Entered: 04/04/2023)
2023-04-1814ORDER: Following a telephone conference with the parties, it is hereby Ordered that the parties shall file a joint letter on May 18, 2023 setting forth the status of this action, including the productions made to date and a proposed plan for productions going forward. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/18/2023) (kl) (Entered: 04/18/2023)
2023-04-18Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 4/18/2023. (kl) (Entered: 05/08/2023)
2023-04-25Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 4/25/2023. (kl) (Entered: 05/08/2023)
2023-05-1815STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 05/18/2023)
2023-05-1816MEMO ENDORSEMENT: on re: 15 Status Report filed by United States Department of Education. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/18/2023) (ama) (Entered: 05/18/2023)
2023-06-2117STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 06/21/2023)
2023-06-2118MEMO ENDORSEMENT on re: 17 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/21/2023) (kv) (Entered: 06/21/2023)
2023-07-2119STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 07/21/2023)
2023-07-2120MEMO ENDORSEMENT on re: 19 Status Report filed by United States Department of Education. ENDORSEMENT: The parties shall file another joint status report on August 21, 2023. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/21/2023) (kv) (Entered: 07/21/2023)
2023-08-2121STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 08/21/2023)
2023-08-2222MEMO ENDORSEMENT on re: 21 Status Report filed by United States Department of Education. ENDORSEMENT: The parties shall file another status update on September 21, 2023. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/22/2023) (ate) (Entered: 08/22/2023)
2023-09-2123NOTICE OF APPEARANCE by Amanda M Lee on behalf of United States Department of Education..(Lee, Amanda) (Entered: 09/21/2023)
2023-09-2124STATUS REPORT. Document filed by United States Department of Education..(Lee, Amanda) (Entered: 09/21/2023)
2023-09-2225MEMO ENDORSEMENT on re: 24 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. The parties shall file another status update by October 23, 2023. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/22/2023) (vfr) (Entered: 09/22/2023)
2023-10-2326STATUS REPORT. Document filed by United States Department of Education..(Lee, Amanda) (Entered: 10/23/2023)
2023-10-2327MEMO ENDORSEMENT on re: 26 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. The parties shall file another status update by December 7, 2023. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/23/2023) (kv) (Entered: 10/23/2023)
2023-12-0728STATUS REPORT. Document filed by United States Department of Education..(Lee, Amanda) (Entered: 12/07/2023)
2023-12-0829MEMO ENDORSEMENT on re: 28 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. The parties shall file another status update by January 31, 2024. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/8/2023) (vfr) (Entered: 12/08/2023)
2024-01-3130STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 01/31/2024)
2024-01-3131MEMO ENDORSEMENT on re: 30 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. The parties shall file another status update by March 13, 2024. SO ORDERED. Dated: January 31, 2024. (Signed by Magistrate Judge Stewart D. Aaron on 1/31/2024) (va) (Entered: 01/31/2024)
2024-03-1332STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 03/13/2024)
2024-03-1433MEMO ENDORSEMENT on re: 32 Status Report filed by United States Department of Education ENDORSEMENT: Application GRANTED. The parties shall file another status report by April 26, 2024. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/14/2024) (ks) (Entered: 03/14/2024)
2024-04-1934STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 04/19/2024)
2024-04-2235MEMO ENDORSEMENT on re: 34 Status Report filed by United States Department of Education. ENDORSEMENT: The parties' proposed schedule is approved. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/22/2024) (rro) (Entered: 04/22/2024)
2024-05-2336LETTER MOTION for Extension of Time addressed to Magistrate Judge Stewart D. Aaron from Jeremy M. Liss dated 05/23/2024. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 05/23/2024)
2024-05-2437ORDER granting 36 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/24/2024) (mml) (Entered: 05/24/2024)
2024-06-1738FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 39 Memorandum Endorsement)- STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) Modified on 6/20/2024 (db). As per ECF-ERROR Email Correspondence Received on 6/17/2024 @ 4:14pm. (Entered: 06/17/2024)
2024-06-18***DELETED DOCUMENT. Deleted document number 39 STATUS REPORT. The document was a duplicate filing in this case. (kl) (Entered: 06/18/2024)
2024-06-1839MEMO ENDORSEMENT on re: 38 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/18/2024) (mml) (Entered: 06/18/2024)
2024-07-0840STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 07/08/2024)
2024-07-0941MEMO ENDORSEMENT on re: 40 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. The parties shall file another status report by July 29, 2024. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/9/2024) (kl) (Entered: 07/09/2024)
2024-07-2942STATUS REPORT. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 07/29/2024)
2024-07-3043MEMO ENDORSEMENT on re: 42 Status Report filed by United States Department of Education. ENDORSEMENT: Application GRANTED. The parties shall file another status report by August 19, 2024. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/30/2024) (kl) (Entered: 07/30/2024)
2024-08-0744PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by United States Department of Education. Document filed by United States Department of Education..(Liss, Jeremy) (Entered: 08/07/2024)
2024-08-0945CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by New York Legal Assistance Group, United States Department of Education. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Andrew L. Carter, Jr on 8/9/24).(yv) (Entered: 08/09/2024)
2024-08-1646PROPOSED STIPULATION AND ORDER. Document filed by New York Legal Assistance Group..(Tarantolo, Danielle) (Entered: 08/16/2024)
2024-08-1647STIPULATION AND PROPOSED ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED, AGREED, and ORDERED as follows: This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order, including any application for relief by NYLAG due to any alleged failure by Defendant to make the payment specified in Paragraph 1 within a reasonable timeframe. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/16/2024) (sgz) (Entered: 08/16/2024)
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