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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2007cv00963
Date Filed2007-05-23
Date Closed2009-05-04
JudgeJudge Ricardo M. Urbina
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Education for records concerning its Reading First program. The agency acknowledged receipt of the request. The agency also told CREW that it could not search individual email accounts because officials often used private email accounts. CREW wrote to the Inspector General at Education asking him to investigate the use of private email accounts. After hearing nothing further from the agency, CREW filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF EDUCATION
DefendantMARGARET SPELLINGS Secretary of Education (in her official capacity)
DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DefendantALLEN WEINSTEIN Dr., Archivist of the United States (in his official capacity)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-05-231COMPLAINT against U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 350, receipt number 4616004472) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit # 2 Civil Cover Sheet)(jf, ) (Entered: 05/24/2007)
2007-05-23SUMMONS (3) Issued as to U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 05/24/2007)
2007-05-232LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (jf, ) (Entered: 05/24/2007)
2007-05-243ERRATA Complaint by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON 1 Complaint filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 05/24/2007)
2007-07-234MOTION to Dismiss for Lack of Jurisdiction by U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Arrington Declaration# 2 Arrington Declaration Exhibits)(Coleman Snead, Jacqueline) (Entered: 07/23/2007)
2007-07-315MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Perkins, Kimberly) (Entered: 07/31/2007)
2007-07-316ENTERED IN ERROR.....ORDER granting 5 Motion for Extension of Time to File Response. The plaintiff's response is now due on or before 8/24/2007. For future reference, the parties will (1) take note of the civil standing order; and (2) take note that, while personnel disruptions may provide good cause for extensions, vacation schedules do not. Signed by Judge Ricardo M. Urbina on 07/31/07. (dbk) Modified on 8/1/2007 (nmw, ). (Entered: 07/31/2007)
2007-07-317STANDING ORDER. Signed by Judge Ricardo M. Urbina on 07/31/07. (dbk) (Entered: 07/31/2007)
2007-07-318Unopposed MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss for Lack of Jurisdiction by U.S. DEPARTMENT OF EDUCATION (Coleman Snead, Jacqueline) (Entered: 07/31/2007)
2007-07-31ORDER granting 8 Plaintiff's Motion for Extension of Time to File Reply. Plaintiff's Reply is due on or before September 10, 2007. Signed by Judge Ricardo M. Urbina on 07/31/07. (dbk) (Entered: 07/31/2007)
2007-07-31Set Deadlines/Hearings: plaintiff's response is now due on or before 8/24/2007Responses due by 8/24/2007 (jwd) (Entered: 07/31/2007)
2007-07-31Set Deadlines/Hearings: Plaintiff's Reply is due on or before September 10, 2007 (jwd) (Entered: 07/31/2007)
2007-08-219NOTICE of Appearance by Kimberly D. Perkins on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Perkins, Kimberly) (Entered: 08/21/2007)
2007-08-2410Memorandum in opposition to re 4 MOTION to Dismiss for Lack of Jurisdiction filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration Declaration of Daniel C. Roth# 2 Exhibit Exhibits to Declaration of Roth# 3 Text of Proposed Order)(Perkins, Kimberly) (Entered: 08/24/2007)
2007-09-1011REPLY to opposition to motion re 4 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Supplemental Arrington Declaration)(Coleman Snead, Jacqueline) (Entered: 09/10/2007)
2007-09-1012MOTION for Leave to File Surreply to Defendant's Reply by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Plaintiff's Surreply# 2 Text of Proposed Order)(Perkins, Kimberly) (Entered: 09/10/2007)
2007-09-1113Memorandum in opposition to re 12 MOTION for Leave to File Surreply to Defendant's Reply filed by U.S. DEPARTMENT OF EDUCATION. (Coleman Snead, Jacqueline) (Entered: 09/11/2007)
2007-09-2014WITHDRAWN PER NOTICE FILED ON 10/2/2007..... MOTION to Amend/Correct 1 Complaint by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Amended Complaint# 2 Exhibit # 3 Certificate of Service)(Perkins, Kimberly) Modified on 10/2/2007 (jwd, ). (Entered: 09/20/2007)
2007-10-0215NOTICE OF WITHDRAWAL OF MOTION by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON re 14 MOTION to Amend/Correct 1 Complaint (Attachments: # 1 Amended Complaint# 2 Exhibit to Amended Complaint)(Perkins, Kimberly) (Entered: 10/02/2007)
2007-10-0216AMENDED COMPLAINT against MARGARET SPELLINGS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, ALLEN WEINSTEIN, U.S. DEPARTMENT OF EDUCATION filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit to the Amended Complaint)(nmw, ) (Entered: 10/03/2007)
2007-10-1617ANSWER to Amended Complaint Claim Five by U.S. DEPARTMENT OF EDUCATION, MARGARET SPELLINGS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, ALLEN WEINSTEIN. Related document: 16 Amended Complaint, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON.(Coleman Snead, Jacqueline) (Entered: 10/16/2007)
2007-10-1618MOTION to Dismiss Claims One Through Four of Amended Complaint by U.S. DEPARTMENT OF EDUCATION, MARGARET SPELLINGS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, ALLEN WEINSTEIN (Attachments: # 1 Angela Arrington Declaration)(Coleman Snead, Jacqueline) (Entered: 10/16/2007)
2007-10-1819ENTERED IN ERROR.....STANDING ORDER signed by Judge Ricardo M. Urbina on October 18, 2007. Read this Standing Order carefully, it will govern this case. Failure to follow the Standing Order will result in sanctions.(jwd) Modified on 10/19/2007 (nmw, ). (Entered: 10/18/2007)
2007-10-1820STANDING ORDER signed by Judge Ricardo M. Urbina on October 18, 2007. Read this Standing Order Carefully, it will govern this case. Failure to follow the Standing Order will result in sanctions.(jwd) (Entered: 10/18/2007)
2007-10-19NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 19 was entered in error and was refiled with the order attached as Docket Entry 20 Standing Order. (nmw, ) (Entered: 10/19/2007)
2007-10-2921Memorandum in opposition to re 18 MOTION to Dismiss Claims One Through Four of Amended Complaint filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1# 2 Exhibit to Roth Declaration# 3 Text of Proposed Order)(Perkins, Kimberly) (Entered: 10/29/2007)
2007-11-0522REPLY to opposition to motion re 18 MOTION to Dismiss Claims One Through Four of Amended Complaint filed by U.S. DEPARTMENT OF EDUCATION, MARGARET SPELLINGS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, ALLEN WEINSTEIN. (Coleman Snead, Jacqueline) (Entered: 11/05/2007)
2008-03-1023ORDER denying 4 Motion to Dismiss for Lack of Jurisdiction; denying 12 Motion for Leave to File; granting 18 Motion to Dismiss. Signed by Judge Ricardo M. Urbina on 3/10/08. (lcrmu1, ) (Entered: 03/10/2008)
2008-03-1024MEMORANDUM AND OPINION. Signed by Judge Ricardo M. Urbina on 3/10/08. (lcrmu1, ) (Entered: 03/10/2008)
2008-04-2425MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Not in Genuine Dispute, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 04/24/2008)
2008-05-0826Memorandum in opposition to re 25 MOTION for Summary Judgment and Cross Motion for Summary Judgment filed by U.S. DEPARTMENT OF EDUCATION, MARGARET SPELLINGS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, ALLEN WEINSTEIN. (Attachments: # 1 Cueva Declaration, # 2 Counterstatement of Material Facts)(Coleman Snead, Jacqueline) (Entered: 05/08/2008)
2008-05-0827Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF EDUCATION, MARGARET SPELLINGS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, ALLEN WEINSTEIN. (See Docket Entry 26 to view document). (nmw, ) (Entered: 05/09/2008)
2008-05-1928NOTICE of Appearance by Scott Allan Hodes on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Hodes, Scott) (Entered: 05/19/2008)
2008-05-1929REPLY to opposition to motion re 27 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts)(Hodes, Scott) (Entered: 05/19/2008)
2008-05-1930Memorandum in opposition to re 27 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts)(Hodes, Scott) (Entered: 05/19/2008)
2008-05-3031REPLY to opposition to motion re 27 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF EDUCATION, MARGARET SPELLINGS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, ALLEN WEINSTEIN. (Coleman Snead, Jacqueline) (Entered: 05/30/2008)
2008-09-1532ENTERED IN ERROR.....NOTICE by U.S. DEPARTMENT OF EDUCATION, MARGARET SPELLINGS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, ALLEN WEINSTEIN (Attachments: # 1 Declaration)(Coleman, John) Modified on 9/15/2008 (jf, ). (Entered: 09/15/2008)
2008-09-15NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 32 Notice (Other) was entered in error at the request of counsel. (jf, ) (Entered: 09/15/2008)
2009-01-2333ORDER granting in part and denying in part 25 the plaintiff's motion for summary judgment; granting in part and denying in part 27 the defendant's cross-motion for summary judgment. Signed by Judge Ricardo M. Urbina on 01/23/2009. (lcrmu1) (Entered: 01/23/2009)
2009-01-2334MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 01/23/2009. (lcrmu1) (Entered: 01/23/2009)
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