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Case TitleJewish Legal News, Inc. v. U.S. Department of Education
DistrictNorthern District of California
CitySan Francisco
Case Number3:2023cv05064
Date Filed2023-10-03
Date ClosedOpen
JudgeMagistrate Judge Peter H Kang
PlaintiffJewish Legal News, Inc. a California non-profit corporation
Case DescriptionJewish Legal News submitted a FOIA request to the Department of Education for records concerning complaints related to antisemitism at colleges and universities received by the agency. The agency acknowledged receipt of the request. After hearing nothing further from the agency, JLN filed suit. JLN also filed a pattern and practice claim.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Education
DefendantU.S. Department of Education a federal agency
DefendantUS Attorney
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-031COMPLAINT against U.S. Department of Education ( Filing fee $ 402, receipt number ACANDC-18702753.). Filed byJewish Legal News, Inc.. (Javitch, Mark) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-032Civil Cover Sheet by Jewish Legal News, Inc. . (Javitch, Mark) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-033NOTICE of filing exhibits by Jewish Legal News, Inc. re 1 Complaint Exhibits A-G (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Javitch, Mark) (Filed on 10/3/2023) Modified on 10/3/2023 (cv, COURT STAFF). (Entered: 10/03/2023)
2023-10-034Proposed Summons. (Javitch, Mark) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-035Proposed Summons. (Javitch, Mark) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-036CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jewish Legal News, Inc... (Javitch, Mark) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-037Case assigned to Magistrate Judge Peter H Kang. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/17/2023. (cv, COURT STAFF) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-038Certificate of Interested Entities by Jewish Legal News, Inc. (Javitch, Mark) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-039Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/28/2023. Initial Case Management Conference set for 1/4/2024 10:30 AM in San Francisco, Courtroom F, 15th Floor. (cv, COURT STAFF) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-0310Summons Issued as to U.S. Department of Education, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(cv, COURT STAFF) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-0311[IN-CHAMBERS TEXT ONLY ORDER]: This case has been directly assigned to Judge Kang. Dkt. 7 . Accordingly, the Parties shall review and be familiar with Judge Kang's Standing Orders which are now applicable to this case. Signed by Judge Peter H. Kang on 10/03/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (phklc1, COURT STAFF) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-0712SUMMONS Returned Executed (FOIA) by Jewish Legal News, Inc.. US Attorney served on 10/6/2023, answer due 11/6/2023. (Javitch, Mark) (Filed on 10/7/2023) (Entered: 10/07/2023)
2023-10-3113SUMMONS Returned Executed (FOIA) by Jewish Legal News, Inc.. U.S. Department of Education served on 10/30/2023, answer due 11/29/2023. (Javitch, Mark) (Filed on 10/31/2023) (Entered: 10/31/2023)
2023-11-0314NOTICE of Appearance by Michael A. Keough (Keough, Michael) (Filed on 11/3/2023) (Entered: 11/03/2023)
2023-11-0315CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Education.. (Keough, Michael) (Filed on 11/3/2023) (Entered: 11/03/2023)
2023-11-0316STIPULATION WITH PROPOSED ORDER Joint Stipulation Regarding Defendant's Response Date filed by U.S. Department of Education. (Attachments: # 1 Declaration of Michael A. Keough)(Keough, Michael) (Filed on 11/3/2023) (Entered: 11/03/2023)
2023-11-0317ORDER by Judge Peter H. Kang granting 16 Stipulation. Response to complaint due by 2/5/2024. Status Report due by 2/9/2024. (phklc1, COURT STAFF) (Filed on 11/3/2023) (Entered: 11/03/2023)
2023-11-2918[IN-CHAMBERS TEXT ONLY ORDER]: The Initial Case Management Conference set for January 4, 2024 at 10:30 a.m. is VACATED and will be reset, if necessary, after the Court receives the Parties' joint status report due by February 9, 2024. See Dkt. 17 . Signed by Judge Peter H. Kang on 11/29/23. (This is a text-only entry generated by the court. There is no document associated with this entry.) (phklc2, COURT STAFF) (Filed on 11/29/2023) (Entered: 11/29/2023)
2023-11-29Set Deadlines/Hearings: (phklc2, COURT STAFF) (Filed on 11/29/2023) (Entered: 11/29/2023)
2024-02-0219STIPULATION WITH PROPOSED ORDER Joint Stipulation Regarding Defendant's Response Date filed by U.S. Department of Education. (Attachments: # 1 Declaration of Michael A. Keough)(Keough, Michael) (Filed on 2/2/2024) (Entered: 02/02/2024)
2024-02-0620ORDER by Judge Peter H. Kang granting 19 Stipulation. Responses due by 5/6/2024. Status Report due by 4/8/2024. (phklc1, COURT STAFF) (Filed on 2/6/2024) (Entered: 02/06/2024)
2024-04-0221AMENDED COMPLAINT (First) against U.S. Department of Education. Filed by Jewish Legal News, Inc.. (Javitch, Mark) (Filed on 4/2/2024) (Entered: 04/02/2024)
2024-04-0822STATUS REPORT Joint Status Report by U.S. Department of Education. (Keough, Michael) (Filed on 4/8/2024) (Entered: 04/08/2024)
2024-05-0623ANSWER to Amended Complaint by U.S. Department of Education. (Keough, Michael) (Filed on 5/6/2024) (Entered: 05/06/2024)
2024-05-1524CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE. In light of the procedural posture of the case, the Initial Case Management Conference is HEREBY set for 6/10/2024 at 11:00 AM IN-PERSON, in San Francisco, Courtroom F, 15th Floor. Case Management Statement due by 6/3/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jaf, COURT STAFF) (Filed on 5/15/2024) (Entered: 05/15/2024)
2024-05-2125STIPULATION WITH PROPOSED ORDER Regarding Date of Initial Case Management Conference filed by U.S. Department of Education. (Attachments: # 1 Declaration of Michael A. Keough)(Keough, Michael) (Filed on 5/21/2024) (Entered: 05/21/2024)
2024-05-2226Order by Magistrate Judge Peter H Kang granting 25 Stipulation re. continuing initial case management conference and associated deadline. Initial Case Management Conference reset from 6/10/2024 to 7/1/2024 at 11:00 AM IN-PERSON , in San Francisco, Courtroom F, 15th Floor. (jaf, COURT STAFF) (Filed on 5/22/2024) (Entered: 05/22/2024)
2024-06-1227ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 6/12/2024) (Entered: 06/12/2024)
2024-06-1228ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Javitch, Mark) (Filed on 6/12/2024) (Entered: 06/12/2024)
2024-06-1229ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Keough, Michael) (Filed on 6/12/2024) (Entered: 06/12/2024)
2024-06-1330JOINT CASE MANAGEMENT STATEMENT . (Javitch, Mark) (Filed on 6/13/2024) Modified on 6/13/2024 (cv, COURT STAFF). (Entered: 06/13/2024)
2024-06-13Electronic filing error . Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 30 Report of Rule 26(f) Planning Meeting filed by Jewish Legal News, Inc. (cv, COURT STAFF) (Filed on 6/13/2024) (Entered: 06/13/2024)
2024-06-1431[IN-CHAMBERS TEXT ONLY ORDER]: The Court is in receipt of the Parties' Joint Case Management Statement. Dkt. 30 . The Court ORDERS the Parties to meet and confer as soon as reasonably possible, and no later than June 24, 2024, to discuss a mutually agreeable joint proposed schedule for briefing on the anticipated cross-motions for summary judgment. If the Parties reach agreement on a proposed briefing schedule for the cross-motions, they may, prior to June 27, 2024, file a Stipulation and Proposed Order to the Court for such briefing schedule, and they may indicate in any such Stipulation whether or not the Parties believe the currently set Case Management Conference should go forward. Otherwise, Counsel shall be prepared to discuss the briefing schedule for any such cross-motions at the Case Management Conference. Signed by Judge Peter H. Kang on 6/14/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (phklc1, COURT STAFF) (Filed on 6/14/2024) (Entered: 06/14/2024)
2024-06-2132STIPULATION WITH PROPOSED ORDER re 31 Order,,,, Stipulation Regarding MSJ Briefing Schedule filed by U.S. Department of Education. (Keough, Michael) (Filed on 6/21/2024) (Entered: 06/21/2024)
2024-06-2733CLERK'S NOTICE RESETTING INITIAL CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference is HEREBY reset from 07/01/2024 to 7/16/2024 at 02:00 PM in-person, in San Francisco, Courtroom F, 15th Floor due to a change in the Court's availability. (This is a text-only entry generated by the court. There is no document associated with this entry.) . (jaf, COURT STAFF) (Filed on 6/27/2024) (Entered: 06/27/2024)
2024-07-1034ORDER. Signed on 7/10/2024 by Judge Peter H. Kang re. 32 Motion for Summary Judgment Briefing. Defendant's motion for summary judgment due: August 16, 2024. Plaintiff's opposition and cross-motion due: August 30, 2024. Defendant's reply and opposition to cross-motion due: September 13, 2024. Plaintiff's reply due: September 20, 2024. Motion for Summary Judgment hearing set for 11/5/2024 at 11:00 AM in-person, in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Peter H Kang. (jaf, COURT STAFF) (Filed on 7/10/2024) (Entered: 07/10/2024)
2024-08-1635MOTION for Summary Judgment filed by U.S. Department of Education. Motion for Summary Judgment Hearing set for 11/5/2024 11:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Peter H Kang. Responses due by 8/30/2024. Replies due by 9/13/2024. (Attachments: # 1 Appendix Vaughn Index, # 2 Declaration of Heather Gunnarson, # 3 Exhibit A-1 (Gunnarson), # 4 Declaration of Robert E. Wehausen, # 5 Exhibit A-1 (Wehausen), # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Proposed Order)(Keough, Michael) (Filed on 8/16/2024) (Entered: 08/16/2024)
2024-08-3036OPPOSITION/RESPONSE (re 35 MOTION for Summary Judgment ) and Plaintiff's Notice of Motion and Motionfor Summary Judgment filed byJewish Legal News, Inc.. (Attachments: # 1 Declaration of Mark L. Javitch, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Javitch, Mark) (Filed on 8/30/2024) (Entered: 08/30/2024)
2024-09-1337OPPOSITION/RESPONSE (re 35 MOTION for Summary Judgment ) Reply and Opposition to Cross-Motion filed byU.S. Department of Education. (Attachments: # 1 Declaration of Michael A. Keough, # 2 Exhibit A - Email)(Keough, Michael) (Filed on 9/13/2024) (Entered: 09/13/2024)
2024-09-2038REPLY (re 35 MOTION for Summary Judgment ) filed byJewish Legal News, Inc.. (Javitch, Mark) (Filed on 9/20/2024) (Entered: 09/20/2024)
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