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Case TitleLATHAM & WATKINS LLP v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00878
Date Filed2023-03-31
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffLATHAM & WATKINS LLP
Case DescriptionThe law firm of Latham & Watkins submitted a FOIA request to the Department of Education for records concerning the agency's change in position on the definition of third-party servicers. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lathan & Watkins filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-311COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 402 receipt number ADCDC-9966445) filed by LATHAM & WATKINS LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons on U.S. Department of Education, # 6 Summons on U.S. Attorney General, # 7 Summons on U.S. Attorney for DC)(Martinez, Roman) (Entered: 03/31/2023)
2023-03-312NOTICE of Appearance by Andrew D. Prins on behalf of LATHAM & WATKINS LLP (Prins, Andrew) (Entered: 03/31/2023)
2023-03-313NOTICE of Appearance by Charles S. Dameron on behalf of LATHAM & WATKINS LLP (Dameron, Charles) (Entered: 03/31/2023)
2023-03-314NOTICE of Appearance by William James Seidleck on behalf of LATHAM & WATKINS LLP (Seidleck, William) (Entered: 03/31/2023)
2023-03-31Case Assigned to Judge Trevor N. McFadden. (zcb) (Entered: 03/31/2023)
2023-03-315SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 03/31/2023)
2023-03-316STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 3/31/2023. (lctnm3) (Entered: 03/31/2023)
2023-04-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/3/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/3/2023. (Martinez, Roman) (Entered: 04/13/2023)
2023-04-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/07/2023. (Martinez, Roman) (Entered: 04/13/2023)
2023-04-139RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 4/5/2023 (Martinez, Roman) (Entered: 04/13/2023)
2023-05-0310ANSWER to Complaint by U.S. DEPARTMENT OF EDUCATION.(Simon, Jeremy) (Entered: 05/03/2023)
2023-05-03MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 3, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2023. (lctnm3) (Entered: 05/03/2023)
2023-05-03NOTICE OF ERROR re 10 Answer to Complaint; emailed to jeremy.simon@usdoj.gov, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed , 2. Incorrect case number. Please refile using the event ERRATA. (zed, ) (Entered: 05/03/2023)
2023-05-0311ERRATA by U.S. DEPARTMENT OF EDUCATION re 10 Answer to Complaint. (Attachments: # 1 Answer (with corrected case number))(Simon, Jeremy) (Entered: 05/03/2023)
2023-05-0412WITHDRAWN PURSUANT TO NOTICE FILED ON 5/4/2023.....AMENDED COMPLAINT against U.S. DEPARTMENT OF EDUCATION filed by LATHAM & WATKINS LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Martinez, Roman) Modified on 5/5/2023 (zed). (Entered: 05/04/2023)
2023-05-04Set/Reset Deadlines: Joint Status Report due by 6/3/2023. (hmc) (Entered: 05/04/2023)
2023-05-0413NOTICE of Appearance by Alexander George Siemers on behalf of LATHAM & WATKINS LLP (Siemers, Alexander) (Entered: 05/04/2023)
2023-05-0414NOTICE of Withdrawal by LATHAM & WATKINS LLP re 12 Amended Complaint, (Martinez, Roman) (Entered: 05/04/2023)
2023-05-0415Unopposed MOTION for Leave to File Amended and Supplemental Complaint by LATHAM & WATKINS LLP. (Attachments: # 1 Text of Proposed Order, # 2 Amended and Supplemental Complaint, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Martinez, Roman) (Entered: 05/04/2023)
2023-05-05MINUTE ORDER granting the 15 Unopposed Motion for Leave to File Amended and Supplemental Complaint. It is also ORDERED that Defendant shall file its responsive pleading on or before June 2, 2023. The parties shall file their initial FOIA Joint Status Report on or before June 16, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/5/2023. (lctnm3) (Entered: 05/05/2023)
2023-05-05Set/Reset Deadlines: Responsive pleading due by 6/2/2023. Joint Status Report due by 6/16/2023. (hmc) (Entered: 05/05/2023)
2023-05-0516AMENDED COMPLAINT against U.S. DEPARTMENT OF EDUCATION filed by LATHAM & WATKINS LLP. (Attachment: # 1 Exhibits)(zed) (Entered: 05/16/2023)
2023-06-0217ANSWER to 16 Amended Complaint (Answer to Amended and Supplemental Complaint) by U.S. DEPARTMENT OF EDUCATION.(Simon, Jeremy) (Entered: 06/02/2023)
2023-06-1618Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Simon, Jeremy) (Entered: 06/16/2023)
2023-06-16MINUTE ORDER: After considering the 18 Joint Status Report, the parties are hereby ORDERED to file another JSR on or before August 15, 2023 and every 60 days thereafter until production is complete to Plaintiff. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/16/2023. (lctnm3) (Entered: 06/16/2023)
2023-06-16Set/Reset Deadlines: Joint Status Report due by 8/15/2023, and every 60 days thereafter. (hmc) (Entered: 06/16/2023)
2023-08-1519Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Simon, Jeremy) (Entered: 08/15/2023)
2023-10-1620Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Simon, Jeremy) (Entered: 10/16/2023)
2023-12-1421Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Simon, Jeremy) (Entered: 12/14/2023)
2024-02-1222Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Simon, Jeremy) (Entered: 02/12/2024)
2024-04-1223Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Simon, Jeremy) (Entered: 04/12/2024)
2024-06-1124Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Simon, Jeremy) (Entered: 06/11/2024)
2024-08-0925Joint STATUS REPORT by U.S. DEPARTMENT OF EDUCATION. (Simon, Jeremy) (Entered: 08/09/2024)
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