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Case TitleThe Century Foundation v. United States Department of Education
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv03352
Date Filed2018-04-17
Date Closed2018-07-23
JudgeMagistrate Judge Robert W. Lehrburger
PlaintiffThe Century Foundation
Case DescriptionThe Century Foundation submitted a FOIA request to the Department of Education for records concerning a December 2017 announcement by the agency of a new policy for compensating students for misrepresentations by institutions of higher education. The Century Foundation also requested a fee waiver. The agency acknowledged receipt of the request and granted the Foundation's request for a fee waiver. After hearing nothing further from the agency, the Century Foundation 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
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-171COMPLAINT against United States Department of Education. (Filing Fee $ 400.00, Receipt Number 0208-14953203)Document filed by The Century Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Fulford, Martha) (Entered: 04/17/2018)
2018-04-172MOTION for Martha Fulford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14953337. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Century Foundation. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Fulford, Martha) (Entered: 04/17/2018)
2018-04-173CIVIL COVER SHEET filed. (Fulford, Martha) (Entered: 04/17/2018)
2018-04-174RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Century Foundation.(Fulford, Martha) (Entered: 04/17/2018)
2018-04-175REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by The Century Foundation. (Fulford, Martha) (Entered: 04/17/2018)
2018-04-18>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 2 MOTION for Martha Fulford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14953337. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 04/18/2018)
2018-04-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (vf) (Entered: 04/18/2018)
2018-04-18Magistrate Judge Robert W. Lehrburger 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: http://nysd.uscourts.gov/forms.php . (vf) (Entered: 04/18/2018)
2018-04-18Case Designated ECF. (vf) (Entered: 04/18/2018)
2018-04-186ELECTRONIC SUMMONS ISSUED as to United States Department of Education. (vf) (Entered: 04/18/2018)
2018-04-187ORDER. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by May 23, 2018, e-mail the Orders and Judgments Clerk (judgments@nysd.uscourts.gov) a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge, and attached to this order, and as further specified and set forth in this Order. So ordered. (Signed by Judge Analisa Torres on 4/18/2018) (rjm) (Entered: 04/18/2018)
2018-04-188INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 5/30/2018 at 11:40 AM in Courtroom 15D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres, and as further set forth in this Order. So ordered. (Signed by Judge Analisa Torres on 4/18/2018) (rjm) (Entered: 04/18/2018)
2018-04-199ORDER granting 2 Motion for Martha Fulford to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 04/19/2018)
2018-04-2410AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. United States Department of Education served on 4/24/2018, answer due 5/24/2018. Service was made by Mail. Document filed by The Century Foundation. (Attachments: # 1 Exhibit A)(Fulford, Martha) (Entered: 04/24/2018)
2018-05-1011NOTICE OF APPEARANCE by Arastu Kabeer Chaudhury on behalf of United States Department of Education. (Chaudhury, Arastu) (Entered: 05/10/2018)
2018-05-1712CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Analisa Torres on 5/17/2018) (mro) (Entered: 05/18/2018)
2018-05-2313ANSWER to 1 Complaint,. Document filed by United States Department of Education.(Chaudhury, Arastu) (Entered: 05/23/2018)
2018-05-2314AMENDED ANSWER to 1 Complaint,. Document filed by United States Department of Education. (Chaudhury, Arastu) (Entered: 05/23/2018)
2018-05-2415SCHEDULING ORDER: Initial Conference set for 5/31/2018 at 3:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Counsel for all parties shall follow Judge Lehrburger's Individual Practices available at http://nysd.uscourts.gov/judge/Lehrburger. Parties should come prepared to discuss all facets of the case. (Signed by Magistrate Judge Robert W. Lehrburger on 5/24/2018) (rsh) (Entered: 05/24/2018)
2018-05-2916LETTER addressed to Robert W. Lehrburger from Martha Fulford dated 05/29/2018 re: The Century Foundation v. United States Department of Education, 1:18-cv-03352-RWL, Initial Conference set for May 31, 2018, at 3:00 p.m. Document filed by The Century Foundation.(Fulford, Martha) (Entered: 05/29/2018)
2018-05-2917ENDORSED LETTER addressed to Magistrate Judge Robert W. Lehrburger from Martha Fulford dated 5/29/2018 re: to appear by telephone at the May 31, 2018 initial conference. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/29/2018) (Lehrburger, Robert) (Entered: 05/29/2018)
2018-05-31Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Pretrial Conference held on 5/31/2018 at 3:00 p.m. (rsh) (Entered: 05/31/2018)
2018-05-3118ORDER: As discussed at today's conference, the parties shall file a joint status letter by July 2, 2018. (Signed by Magistrate Judge Robert W. Lehrburger on 5/31/2018) (Lehrburger, Robert) (Entered: 05/31/2018)
2018-07-0219LETTER addressed to Robert W. Lehrburger from Arastu K. Chaudhury dated July 2, 2018 re: Joint Status Update. Document filed by United States Department of Education.(Chaudhury, Arastu) (Entered: 07/02/2018)
2018-07-0220MEMO ENDORSEMENT on re: 19 Letter filed by United States Department of Education. ENDORSEMENT: Request granted. Parties to report status within next 30 days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/2/2018) (mml) (Entered: 07/02/2018)
2018-07-2321STIPULATION AND ORDER: In consideration for the release of TCF's claims and causes of action, as soon as reasonably practicable after the Court has approved and docketed this Stipulation, ED shall pay three thousand two hundred and fifty dollars ($3,250) for attorneys' fees and litigation costs. These payments shall constitute full and final satisfaction of any and all claims by TCF for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payments shall be made by electronic funds transfer, and counsel for TCF will provide the necessary information for ED to effectuate the transfer. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation, as further set forth in this Order. (Signed by Magistrate Judge Robert W. Lehrburger on 7/23/2018) (mml) (Entered: 07/23/2018)
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