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Case TitlePEOPLE FOR THE AMERICAN WAY FOUNDATION v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2005cv00751
Date Filed2005-04-13
Date Closed2008-04-29
JudgeJudge Colleen Kollar-Kotelly
PlaintiffPEOPLE FOR THE AMERICAN WAY FOUNDATION
DefendantUNITED STATES DEPARTMENT OF EDUCATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [35]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that records pertaining to a federally-funded school voucher program in the District of Columbia exchanged between the Education Department and the District, the Washington Scholarship Fund, and two contractors â€" Westat and Georgetown University â€" are not protected by Exemption 5 (deliberative process privilege) because they do not qualify as either inter- or intra-agency memoranda. Kollar-Kotelly started her analysis with the Supreme Court's ruling in Dept. of Interior v. Klamath Water Users Protective Association, 532 U.S. 1 (2001), in which the court concluded that a party could not be considered a consultant for purposes of Exemption 5 coverage if its interests were different than those of the government. The court specifically identified two D.C. Circuit cases â€" Public Citizen v. Dept of Justice, 111 F.3d 168 (D.C. Cir. 1997) and Ryan v. Dept. of Justice 617 F.2d 781 (D.C. Cir. 1980), pertaining to consultations with former Presidents in Public Citizen and Senators in Ryan â€" as being a rare exception to the general rule. But in the present case, Kollar-Kotelly declined to rely on either Ryan or Formaldehyde Institute v. Dept of Health and Human Services, 889 F.2d 1118 (D.C. Cir. 1989), which gave Exemption 5 status to academic peer reviews, to find a consulting role for the District. She noted that "the D.C. Mayor's Office represents its own constituency of schools and citizens [and the] D.C. Mayor's Office advocates the interests of its constituents over the five-year duration of the D.C. school voucher program with an exclusionary stake in said program, which is temporarily funded in the District of Columbia as opposed to elsewhere in the United States." She found that the program provided decision-making authority with both D.C. and the Education Department and observed that "there simply is no precedent for withholding documents under Exemption 5 where a federal agency and a non-federal entity share ultimate decision-making authority with respect to a co-regulatory project." Kollar-Kotelly found that Westat and Georgetown did not qualify for the exemption because neither was hired to advise the agency. She noted that the contractors' "statutory mandate â€" to independently evaluate the voucher program â€" by definition is such that they 'evaluate' rather than 'advise' the joint DOED-D.C. Mayor's Office program. . .[T]here is no expectation that Westat or Georgetown's evaluations constitute 'confidential' reviews subject to use by the agency." Further, she indicated that their contracts were "awarded on a competitive basis and remain in place for only five years; while five years constitutes the duration of the present voucher program, presumably Westat and Georgetown have an interest in being awarded a second contract (at the exclusion of other candidates) of the D.C. school voucher program is renewed by Congress."
Issues: Exemption 5 - Inter- or intra-agency record
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2005-04-131COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION (Filing fee $ 250) filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(jf, ) (Entered: 04/14/2005)
2005-04-13SUMMONS Not Issued as to UNITED STATES DEPARTMENT OF EDUCATION (jf, ) (Entered: 04/14/2005)
2005-04-152ORDER Establishing Procedures for Electronic Filing of Cases Assigned to Judge Colleen Kollar-Kotelly signed on April 15, 2005. (SM) (Entered: 04/15/2005)
2005-04-19SUMMONS (3)Issued as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 04/19/2005)
2005-04-283NOTICE of Appearance by John C. Truong on behalf of UNITED STATES DEPARTMENT OF EDUCATION (Truong, John) (Entered: 04/28/2005)
2005-05-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 04/25/2005. (DeBruin, David) (Entered: 05/13/2005)
2005-05-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to PEOPLE FOR THE AMERICAN WAY FOUNDATION served on 4/25/2004, answer due 6/24/2004. (DeBruin, David) (Entered: 05/13/2005)
2005-05-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (DeBruin, David) (Entered: 05/13/2005)
2005-05-137ENTERED IN ERROR. . . .MOTION to Amend/Correct 1 Complaint Amended Complaint by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 )(DeBruin, David) Modified on 5/16/2005 (td, ). (Entered: 05/13/2005)
2005-05-138AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATIONfiled by PEOPLE FOR THE AMERICAN WAY FOUNDATION.(td, ) Modified on 5/16/2005 (nmw, ). Additional attachment(s) added on 5/16/2005 (nmw, ). (Entered: 05/16/2005)
2005-05-16NOTICE OF CORRECTED DOCKET ENTRY: Document No. 7 was entered in error and has been refiled as Document No. 8. (nmw, ) (Entered: 05/16/2005)
2005-06-039Consent MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 06/03/2005)
2005-06-24MINUTE ENTRY - Paperless ORDER: granting 9 Defendant's Consent Motion for Extension of Time to Respond to Plaintiff's Amended Complaint until and including August 5, 2005. The Court adopts the steps that are set out in the motion that are to be accomplished within the 60 days. On August 26, 2005, the parties shall file a joint status report outlining the remaining issues to be resolved. Signed by Judge Colleen Kollar-Kotelly on June 24, 2005. (SM) (Entered: 06/24/2005)
2005-08-0510Defendant's ANSWER to Amended Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Truong, John) (Entered: 08/05/2005)
2005-08-2611STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF EDUCATION. (Douds, Julia) (Entered: 08/26/2005)
2005-09-2012Consent MOTION to Amend/Correct 11 Status Report by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 09/20/2005)
2005-09-23MINUTE ENTRY - Paperless ORDER granting 12 Consent Motion to Amend Status Report. Accordingly, the new deadlines are as follows: Vaughn Index for Plaintiff's First and Third FOIA Requests due on or before October 7, 2005; Vaughn Index for Plaintiff's second FOIA Request (Part I) due on or before October 31, 2005; Vaughn Index for Plaintiff's Second FOIA Request (Part II) due on or before November 4, 2005; Vaughn Index for Plaintiff's Second FOIA Request (Part III) due on or before November 14, 2005; Next Meet and Confer to be held the week of November 21, 2005. Signed by Judge Colleen Kollar-Kotelly on September 23, 2005. (SM) (Entered: 09/23/2005)
2005-10-0713NOTICE of Filing of Vaughn Index by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Exhibit Vaughn Index Volume 1# 2 Exhibit Vaughn Index Volume 2)(Truong, John) (Entered: 10/07/2005)
2005-10-3114Vaughn Index and Notice of Filing Vaughn Index . (Attachments: # 1 Exhibit Vaughn Index)(Truong, John) (Entered: 10/31/2005)
2005-11-0415ENTERED IN ERROR.....Vaughn Index. (Attachments: # 1 Exhibit Vaughn Index Part II)(Truong, John) Modified on 11/7/2005 (nmw, ). (Entered: 11/04/2005)
2005-11-07NOTICE OF CORRECTED DOCKET ENTRY: Document No. 15 was entered in error and counsel was instructed to refile said pleading. (nmw, ) (Entered: 11/07/2005)
2005-11-0716Vaughn Index. (Attachments: # 1 Exhibit Vaughn Index)(Truong, John) (Entered: 11/07/2005)
2005-11-1017Consent MOTION for Extension of Time to file Vaughn Index by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 11/10/2005)
2005-11-1618MOTION for Extension of Time to File Vaughn Index by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 11/16/2005)
2005-11-1719Vaughn Index. (Attachments: # 1 Exhibit Nov. 17, 2005 Vaughn Index)(Truong, John) (Entered: 11/17/2005)
2005-11-18ORDER granting nunc pro tunc 17 Defendant's Consent Motion for Extension of Time to File Vaughn Index until and including November 16, 2005, and granting nunc pro tunc 18 Defendant's Consent Motion for Extension of Time to File Vaughn Index until and including November 17, 2005. Signed by Judge Colleen Kollar-Kotelly on November 18, 2005. (SM) (Entered: 11/18/2005)
2005-12-0920STATUS REPORT Filed by the Parties by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 12/09/2005)
2005-12-2021NOTICE Consent Notice To Amend Proposed Deadlines in Dec. 9, 2005 Joint Status Report by UNITED STATES DEPARTMENT OF EDUCATION re 20 Status Report (Truong, John) (Entered: 12/20/2005)
2006-01-1022STIPULATION Regarding Disputed Withheld Records by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF EDUCATION. (Momeni, Mercedeh) (Entered: 01/10/2006)
2006-01-2323NOTICE PLAINTIFF'S CONSENT NOTICE TO EXTEND DEADLINES FOR SUMMARY JUDGMENT BRIEFS by PEOPLE FOR THE AMERICAN WAY FOUNDATION (DeBruin, David) (Entered: 01/23/2006)
2006-01-3024MOTION for Summary Judgment by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Statement of Facts)(DeBruin, David) (Entered: 01/30/2006)
2006-02-03MINUTE ENTRY - Paperless ORDER adopting nunc pro tunc the "Amended" Proposed Deadlines as outlined in the Defendant's 21 Consent Notice to Amend Proposed Deadlines. In addition, the Court hereby reluctantly adopts the Amended Proposed Deadlines as outlined in 23 Plaintiff's Consent Notice to Extend Deadlines for Summary Judgment Briefs as follows: Plaintiff's Motion for Summary Judgment due on or before January 30, 2006; Defendant's Opposition and Cross-Motion for Summary Judgment due on or before March 2, 2006; Plaintiff's Reply and Opposition to Cross-Motion for Summary Judgment due on or before March 30, 2006; and Defendant's Reply shall be due on or before April 13, 2006. The parties are reminded that extensions of deadlines are to be requested by proper motion, future Notices to the Court to extend deadlines will be denied. Signed by Judge Colleen Kollar-Kotelly on February 3, 2006. (SM) (Entered: 02/03/2006)
2006-02-2125MOTION to Amend/Correct Briefing Schedule -- Feb. 3, 2006 Minute Order by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 02/21/2006)
2006-02-2426Memorandum in opposition to re 25 Defendant's Motion to Amend Briefing Schedule filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (DeBruin, David) (Entered: 02/24/2006)
2006-04-0527MOTION to Amend/Correct the Feb. 3, 2006 Briefing Schedule by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 04/05/2006)
2006-04-1128MOTION for Extension of Time to Amend Briefing Schedule by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 04/11/2006)
2006-04-1229Cross MOTION for Summary Judgment and Opposition to Plaintiff's Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Affidavit Arrington Declaration# 2 Supplement Vaughn Index# 3 Exhibit Gov Exh A# 4 Exhibit Gov Exh B# 5 Exhibit Gov Exh C-E# 6 Exhibit Gov Exh F-H# 7 Exhibit Gov Exh I-K# 8 Exhibit Gov Exh L-N)(Truong, John) (Entered: 04/12/2006)
2006-04-1230Memorandum in opposition to re 24 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION. (Please see Document No. 29 for scanned images). (nmw, ) (Entered: 04/13/2006)
2006-04-13MINUTE ENTRY ORDER [PAPERLESS] granting nunc pro tunc 27 Motion to Amend/Correct the Feb. 3, 2006 Briefing Schedule, and granting nunc pro tunc 28 Defendant's Motion to Amend the Briefing Schedule. Accordingly, Defendant's Opposition/Cross Motion for Summary Judgement shall be due on April 12, 2006; Plaintiff's Reply/Cross-Opposition shall be due on May 12, 2006; and Defendant's Reply Brief shall be due May 25, 2006. NO FURTHER EXTENSIONS. Signed by Judge Colleen Kollar-Kotelly on April 13, 2006. (SM) (Entered: 04/13/2006)
2006-04-26MINUTE ORDER (PAPERLESS) denying as moot 25 Motion to Amend/Correct. Signed by Judge Colleen Kollar-Kotelly on April 26, 2006. (lcckk1) (Entered: 04/26/2006)
2006-05-1231REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Summary Judgment filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B)(DeBruin, David) Modified on 5/15/2006 (nmw, ). (Entered: 05/12/2006)
2006-05-1232Memorandum in opposition to re 29 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Summary Judgment filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Please see Document No. 31 for scanned images). (nmw, ) (Entered: 05/15/2006)
2006-05-2533REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Affidavit Supplemental Decl. of Angela Arrington)(Truong, John) (Entered: 05/25/2006)
2007-09-2634ORDER granting Plaintiff's 24 Motion for Summary Judgment; denying Defendant's 29 Cross Motion for Summary Judgment; ordering that by October 19, 2007, Defendant shall release any previously withheld (1) communications between DOED and the Washington Scholarship Fund ("WSF"); (2) communications between DOED and the District of Columbia Mayor's Office; and (3) communications between DOED and Westat and/or Georgetown University; ordering that by November 16, 2007, Defendant shall submit a new Vaughn index with respect to the presumably small subset of documents still withheld (those including internal DOED deliberations, either on their own or within communications between DOED and WSF) including the following information: (1) for documents including communications between DOED and WSF that have been segregated, the Vaughn index shall include the names and affiliations of all senders and recipients for each redacted portion of the document as well as an explanation as to why the redacted portions are both predecisional and deliberative; (2) for documents including communications between DOED and WSF that have been withheld in full because segregation would allegedly reveal DOED's deliberative process, the Vaughn index shall include the names and affiliations of all senders and recipients for the entire document, as well as an explanation of both why portions of the document are both predecisional and deliberative and why segregation is not feasible; and (3) for documents that are purely internal to DOED, the Vaughn index shall include the names and affiliations of all senders and recipients for each communication in addition to an explanation of why each document is predecisional and deliberative. Signed by Judge Colleen Kollar-Kotelly on September 26, 2007. (lcckk1) (Entered: 09/26/2007)
2007-09-2635MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on September 26, 2007. (lcckk1) (Entered: 09/26/2007)
2007-10-0436MOTION to Stay Partial Stay of the Court's Sept. 26, 2007 Order by UNITED STATES DEPARTMENT OF EDUCATION (Truong, John) (Entered: 10/04/2007)
2007-10-1537RESPONSE re 36 MOTION to Stay Partial Stay of the Court's Sept. 26, 2007 Order filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(DeBruin, David) (Entered: 10/15/2007)
2007-10-1838REPLY to opposition to motion re 36 MOTION to Stay Partial Stay of the Court's Sept. 26, 2007 Order filed by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 10/18/2007)
2007-10-2939ORDER granting Defendant's 36 Motion for a Partial Stay of the September 26, 2007 Order Pending Consideration of Whether to Appeal. The Court's September 26, 2007 Order shall be stayed as it relates to Defendant's release of documents by October 19, 2007. If the DOED does not notice an appeal by November 26, 2007, the stay shall expire on November 30, 2007, the date the DOED shall be required to release the documents at issue. If the DOED notices an appeal by November 26, 2007, the stay shall remain in effect until the Court of Appeals rules on the DOED's appeal. Within ten days of filing an appeal, the DOED shall petition the Court of Appeals for expedited consideration. The DOED shall not seek an extension unless it is based on an "unforeseen extraordinary circumstance," and any such extension shall include a representation and description of the same. Signed by Judge Colleen Kollar-Kotelly on October 29, 2007. (lcckk1) (Entered: 10/29/2007)
2007-10-2940MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on October 29, 2007. (lcckk1) (Entered: 10/29/2007)
2007-10-29Set/Reset Deadlines: Notice of Appeal due by 11/26/2007. (dot, ) (Entered: 10/29/2007)
2007-11-1341Unopposed MOTION for Extension of Time to Comply with the Court's Sept. 26, 2007 Order by UNITED STATES DEPARTMENT OF EDUCATION (Truong, John) (Entered: 11/13/2007)
2007-11-15MINUTE ORDER granting 41 Defendant's Unopposed Motion for an Extension of Time to Comply with the Court's September 27, 2007 Order. Accordingly, Defendants shall have until and including November 20, 2007, to Comply with the Court's September 27, 2007 Order. Signed by Judge Colleen Kollar-Kotelly on November 15, 2007. (SM) (Entered: 11/15/2007)
2007-11-16Set/Reset Deadlines: Response due by 11/20/2007 (dot, ) (Entered: 11/16/2007)
2007-11-2042NOTICE of Filing of Vaughn Indices by UNITED STATES DEPARTMENT OF EDUCATION (Truong, John) (Entered: 11/20/2007)
2007-11-2143NOTICE OF APPEAL as to 35 Memorandum & Opinion, 34 Order on Motion for Summary Judgment,,,,,,,,,,,,,,, by UNITED STATES DEPARTMENT OF EDUCATION. Fee Status: No Fee Paid. Parties have been notified. (Truong, John) (Entered: 11/21/2007)
2007-11-21Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 43 Notice of Appeal (td, ) (Entered: 11/21/2007)
2007-11-2144Vaughn Index (vol nos. 1-4). (jf, ) (Entered: 11/21/2007)
2007-11-26USCA Case Number 07-5380 for 43 Notice of Appeal filed by UNITED STATES DEPARTMENT OF EDUCATION. (td, ) (Entered: 11/27/2007)
2008-01-03MINUTE ORDER (paperless). The Parties shall file a Joint Status Report by or before January 17, 2008, concerning the documents included in the Vaughn Index filed by Defendant United States Department of Education on November 21, 2007, indicating whether claims associated with those documents have been resolved or whether further briefing is required. Signed by Judge Colleen Kollar-Kotelly on January 3, 2008. (lcckk1) (Entered: 01/03/2008)
2008-01-03Set/Reset Deadlines: Joint Status Report due by 1/17/2008. (dot, ) (Entered: 01/09/2008)
2008-01-1745STATUS REPORT by the Parties by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 01/17/2008)
2008-01-17Minute ORDER: The Parties shall file a Joint Status Report by or before February 16, 2008, concerning the documents included in the Vaughn Index filed by Defendant United States Department of Education on November 21, 2007, indicating whether claims associated with those documents have been resolved or whether further briefing is required. Signed by Judge Colleen Kollar-Kotelly on January 17, 2008. (SM) (Entered: 01/17/2008)
2008-01-17Set/Reset Deadlines: Joint Status Report due by 2/16/2008. (dot, ) (Entered: 01/22/2008)
2008-02-0547ORDER of USCA (certified copy) as to 43 Notice of Appeal filed by UNITED STATES DEPARTMENT OF EDUCATION, it is ORDERED that the motion be granted, and this case is hereby dismissed. (USCA No. 07-5380) (kb) (Entered: 03/14/2008)
2008-02-0748ORDER of USCA (certified copy) as to 43 Notice of Appeal filed by UNITED STATES DEPARTMENT OF EDUCATION, it is ORDERED that the motion be granted, and this case is hereby dismissed. (USCA No. 07-5380) (kb) (Entered: 03/14/2008)
2008-02-1946STATUS REPORT Jointly Submitted By The Parties by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 02/19/2008)
2008-02-20MINUTE ORDER (paperless). Based on the Parties' Joint Status Report dated February 19, 2008, the Parties shall file a Joint Status Report or a Joint Stipulation to dismiss the case as settled, on or before March 17, 2008. Signed by Judge Colleen Kollar-Kotelly on February 20, 2008. (lcckk1) (Entered: 02/20/2008)
2008-02-20Set/Reset Deadlines: Joint Status Report or Joint Stipulation to dismiss due by 3/17/2008 (dot, ) (Entered: 02/22/2008)
2008-02-21Set/Reset Deadlines: Joint Status Report due by 3/17/2008. (dot, ) (Entered: 02/21/2008)
2008-03-1749STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 03/17/2008)
2008-03-18MINUTE ORDER (paperless): Pursuant to the Joint Status Report filed by the parties on March 17, 2008, the Court hereby sets a Status Conference on April 16, 2008, at 9:00 a.m. in Courtroom 28A. It is FURTHER ORDERED that the parties shall file, by no later than April 14, 2008, a Joint Report as to what is being proposed to move this case forward. Signed by Judge Colleen Kollar-Kotelly on March 18, 2008. (SM) (Entered: 03/18/2008)
2008-03-18Set/Reset Deadlines/Hearings: Joint Status Report due by 4/14/2008. Status Conference set for 4/16/2008 09:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot, ) (Entered: 03/19/2008)
2008-04-1450STATUS REPORT Submitted by the Parties by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 04/14/2008)
2008-04-16MINUTE ORDER (paperless). The Court shall refer this case to Magistrate Judge Alan Kay for mediation on April 25, 2008, with decision makers for both parties present, concerning the remaining FOIA request issues and attorneys' fees. The Clerk of the Court shall issue a Form 299 referring this case to Magistrate Judge Kay. The Parties shall submit a Joint Status Report to this Court no later than May 9, 2008, discussing how they want to proceed and proposing a joint briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on April 16, 2008. (lcckk1) (Entered: 04/16/2008)
2008-04-16MINUTE ENTRY (paperless). The Court referred this case to Magistrate Judge Alan Kay for mediation which has been rescheduled for April 29, 2008. The Court's Minute Order dated April 16, 2008, shall apply to this new date. Signed by Judge Colleen Kollar-Kotelly on April 16, 2008. (lcckk1) (Entered: 04/16/2008)
2008-04-1651SCHEDULING ORDER: Settlement Conference set for 4/29/2008, at 10:00 AM in Chambers before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 04/16/08. (DM) (Entered: 04/16/2008)
2008-04-16Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Status Conference held on 4/16/2008. Status Report due by 5/9/2008. Case referred to Magistrate Judge Alan Kay for mediation. (Court Reporter Lisa Hand.) (dot, ) (Entered: 04/16/2008)
2008-04-1652CASE REFERRED to Magistrate Judge Alan Kay for settlement. (kb) (Entered: 04/21/2008)
2008-04-17MINUTE ORDER. The Settlement Conference scheduled to take place on 4/29/08 at 10:00 am will now take place on 4/29/08 at 2:00 pm. Signed by Magistrate Judge Alan Kay on 4/17/08. (lcak1) (Entered: 04/17/2008)
2008-04-2953ORDER. Magistrate Judge Alan Kay informed the Court that the Parties in this case had reached a settlement in principle. Accordingly, this case is DISMISSED. The dismissal shall be without prejudice until June 9, 2008. Should counsel fail to move to extend or to reopen the case on or before that date, the matter shall, without further order, stand dismissed with prejudice. The Parties may also, at their option, submit a final settlement with the Court for entry on the docket prior to June 9, 2008. Signed by Judge Colleen Kollar-Kotelly on April 29, 2008. (lcckk1) (Entered: 04/29/2008)
2008-05-01Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 4/29/2008. (DM) (Entered: 05/01/2008)
2008-06-0554Unopposed MOTION Extension of dismissal without prejudice by PEOPLE FOR THE AMERICAN WAY FOUNDATION (Kendall, Elizabeth) (Entered: 06/05/2008)
2008-06-09MINUTE ORDER (paperless) granting Plaintiff's 54 Unopposed Motion to Extend the Dismissal without Prejudice. Accordingly, this case shall remain dismissed without prejudice until the Parties jointly move to dismiss the case with prejudice, or until June 30, 2008, whichever shall occur first. Should counsel fail to move to dismiss, extend, or reopen the case on or before June 30, 2008, the matter shall, without further order, stand dismissed with prejudice. Signed by Judge Colleen Kollar-Kotelly on June 9, 2008. (lcckk1) (Entered: 06/09/2008)
2008-06-1755STIPULATION of Settlement and Dismissal by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 06/17/2008)
2008-06-1756STIPULATION OF SETTLEMENT AND ORDER. Signed by Judge Colleen Kollar-Kotelly on 6/17/08. (dot, ) (Entered: 06/18/2008)
2008-07-0857STIPULATION of Dismissal With Prejudice by UNITED STATES DEPARTMENT OF EDUCATION. (Truong, John) (Entered: 07/08/2008)
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