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Case TitleNATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03473
Date Filed2019-11-18
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffNATIONAL STUDENT LEGAL DEFENSE NETWORK
Case DescriptionThe National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning information on earnings data provided by the Social Security Administration under a now-expired memo of understanding used to calculate student earnings for purposes of participating in Title IV of the federal student aid program. The agency acknowledged receipt of the request and told NSLDN that it would be unable to respond within 20 days. After hearing nothing further from the agency, NSLDN 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
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-181COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number ADCDC-6571000) filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Bitner, Robyn) (Entered: 11/18/2019)
2019-11-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL STUDENT LEGAL DEFENSE NETWORK (Bitner, Robyn) (Main Document 2 replaced on 11/19/2019) (zmc). (Entered: 11/18/2019)
2019-11-19Case assigned to Judge Carl J. Nichols. (zmc) (Entered: 11/19/2019)
2019-11-193SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 11/19/2019)
2019-12-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 11/29/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/29/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/29/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 12/29/2019.) (Attachments: # 1 Exhibit A)(Bitner, Robyn) (Entered: 12/02/2019)
2019-12-125Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF EDUCATION (Taaffe, Damon) (Entered: 12/12/2019)
2019-12-12MINUTE ORDER. After review of Defendant's 5 Consent Motion for Extension of Time to Respond to Complaint, it is hereby ORDERED that the Motion is GRANTED and that Defendant shall respond to the Complaint on or before January 29, 2020. Signed by Judge Carl J. Nichols on December 12, 2019. (lccjn1) (Entered: 12/12/2019)
2019-12-12Set/Reset Deadlines/Hearings: Answer to Complaint due by 1/29/2020. (zcdw) (Entered: 12/13/2019)
2020-01-296NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of UNITED STATES DEPARTMENT OF EDUCATION Substituting for attorney Damon W. Taaffe (Caplen, Robert) (Entered: 01/29/2020)
2020-01-297Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 01/29/2020)
2020-01-308STANDING ORDER. Signed by Judge Carl J. Nichols on January 30, 2020. (lccjn1) (Entered: 01/30/2020)
2020-01-30MINUTE ORDER. After review of Defendant's 7 Unopposed Motion for Enlargement of Time to Respond to Complaint, it is hereby ORDERED that the Motion is GRANTED and that Defendant shall file its Answer on or before February 19, 2020. The Court notes that further requests for extensions of time must follow section 9 of the Court's 8 Standing Order. Signed by Judge Carl J. Nichols on January 30, 2020. (lccjn1) (Entered: 01/30/2020)
2020-01-30Set/Reset Deadlines/Hearings: Answer to Complaint due by 2/19/2020. (zcdw) (Entered: 02/01/2020)
2020-02-199ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION.(Caplen, Robert) (Entered: 02/19/2020)
2020-02-20MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before March 9, 2020. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. The Court also expects the Parties to discuss whether the processing of documents responsive to Plaintiff's request can be prioritized and whether Plaintiff's request can be narrowed. Signed by Judge Carl J. Nichols on February 20, 2020. (lccjn1) (Entered: 02/20/2020)
2020-02-20Set/Reset Deadlines/Hearings: Joint Status Report due by 3/9/2020. (zcdw) (Entered: 02/21/2020)
2020-03-0910Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION. (Caplen, Robert) (Entered: 03/09/2020)
2020-03-1011SCHEDULING ORDER. Signed by Judge Carl J. Nichols on March 10, 2020. (lccjn1) (Entered: 03/10/2020)
2020-03-10Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/1/2020. Response to Motion for Summary Judgment due by 5/29/2020. Reply to Motion for Summary Judgment due by 6/19/2020. Plaintiff's Cross Motion due by 5/29/2020. Response to Cross Motion due by 6/19/2020. Reply to Cross Motion due by 7/10/2020. (zcdw) (Entered: 03/12/2020)
2020-05-0112MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Cynthia Hammond, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Text of Proposed Order)(Caplen, Robert) (Entered: 05/01/2020)
2020-05-2913Memorandum in opposition to re 12 MOTION for Summary Judgment filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Bitner, Robyn) (Entered: 05/29/2020)
2020-05-2914Cross MOTION for Summary Judgment by NATIONAL STUDENT LEGAL DEFENSE NETWORK (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Bitner, Robyn) (Entered: 05/29/2020)
2020-06-1515Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , 14 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 06/15/2020)
2020-06-1716AMENDED SCHEDULING ORDER. Signed by Judge Carl J. Nichols on June 17, 2020. (lccjn1) (Entered: 06/17/2020)
2020-06-17Set/Reset Deadlines/Hearings: Reply to 12 Motion for Summary Judgment due by 7/21/2020. Response to Cross Motion due by 7/21/2020. Reply to Cross Motion due by 8/11/2020. (zcdw) (Entered: 06/17/2020)
2020-07-2117REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Statement of Facts, # 2 Declaration (Supplemental) of Cynthia Hammond, # 3 Text of Proposed Order)(Caplen, Robert) (Entered: 07/21/2020)
2020-07-2118Memorandum in opposition to re 14 Cross MOTION for Summary Judgment (same as ECF No. 17) filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Statement of Facts, # 2 Declaration (Supplemental) of Cynthia Hammond, # 3 Text of Proposed Order)(Caplen, Robert) (Entered: 07/21/2020)
2020-08-1119REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Attachments: # 1 Statement of Facts)(Bitner, Robyn) (Entered: 08/11/2020)
2021-01-27MINUTE ORDER. After review of Defendant's 12 Motion for Summary Judgment and Plaintiff's 14 Cross-Motion for Summary Judgment, it is hereby ORDERED that a telephonic hearing on the motions is scheduled for February 9, 2021, at 2:00 p.m. Signed by Judge Carl J. Nichols on January 27, 2021. (lccjn1) (Entered: 01/27/2021)
2021-01-27Set/Reset Hearings: Motion Hearing set for 2/9/2021 at 02:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) (Entered: 01/27/2021)
2021-02-0920ERRATA by UNITED STATES DEPARTMENT OF EDUCATION. (Caplen, Robert) (Entered: 02/09/2021)
2021-02-09Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 2/9/2021 re 12 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION, 14 Cross MOTION for Summary Judgment filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. 12 Motion for Summary Judgment and 14 Motion for Summary Judgment; Taken under advisement. Court Reporter: Lorraine Herman. (zcal) (Entered: 02/09/2021)
2021-02-1121ORDER. Signed by Judge Carl J. Nichols on February 11, 2021. (lccjn1) (Entered: 02/11/2021)
2021-02-11Set/Reset Deadlines: Supplemental Brief due by 3/9/2021. (zcal) (Entered: 02/12/2021)
2021-02-1222Unopposed MOTION for Extension of Time to File Supplemental Materials to Address the Court's February 11, 2021 Order, ECF No. 21 by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 02/12/2021)
2021-02-16Set/Reset Deadlines: Supplemental Brief due by 3/16/2021. Supplemental Response Brief due by 3/30/2021. (zcal) (Entered: 02/18/2021)
2021-02-17MINUTE ORDER. After review of the Parties' 22 Motion for Extension of Time to File Supplemental Materials to Address the Court's February 11, 2021 Order, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant's supplemental brief and declaration, if any, are due by March 16, 2021; and Plaintiff's supplemental response brief, if any, is due by March 30, 2021. Signed by Judge Carl J. Nichols on February 16, 2021. (lccjn1) (Entered: 02/17/2021)
2021-03-1623SUPPLEMENTAL MEMORANDUM to re 21 Order filed by UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration of Cynthia Hammond)(Caplen, Robert) (Entered: 03/16/2021)
2021-03-27MINUTE ORDER. Pending the submission of the Parties' supplemental briefs, Defendant's 12 Motion for Summary Judgment and Plaintiff's 14 Cross-Motion for Summary Judgment are HELD IN ABEYANCE. Signed by Judge Carl J. Nichols on March 27, 2021. (lccjn1) (Entered: 03/27/2021)
2021-03-3024SUPPLEMENTAL MEMORANDUM re 23 Supplemental Memorandum filed by NATIONAL STUDENT LEGAL DEFENSE NETWORK. (Bitner, Robyn) Modified event title on 3/31/2021 (znmw). (Entered: 03/30/2021)
2021-04-0625NOTICE by UNITED STATES DEPARTMENT OF EDUCATION re 23 Supplemental Memorandum (Caplen, Robert) (Entered: 04/06/2021)
2021-04-0726NOTICE in opposition by NATIONAL STUDENT LEGAL DEFENSE NETWORK re 25 Notice (Other) (Bitner, Robyn) (Entered: 04/07/2021)
2021-04-0827REPLY re 25 Notice (Other) in Further Support of Defendant's Supplemental Memorandum filed by UNITED STATES DEPARTMENT OF EDUCATION. (Caplen, Robert) (Entered: 04/08/2021)
2021-06-2428NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 06/24/2021)
2021-11-2329NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of UNITED STATES DEPARTMENT OF EDUCATION Substituting for attorney Kathleene A. Molen (Moustakas, John) (Entered: 11/23/2021)
2021-12-0330NOTICE of Appearance by Emily Goldman on behalf of NATIONAL STUDENT LEGAL DEFENSE NETWORK (Goldman, Emily) (Entered: 12/03/2021)
2021-12-0331NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL STUDENT LEGAL DEFENSE NETWORK. Attorney Robyn K. Bitner terminated. (Bitner, Robyn) (Entered: 12/03/2021)
2022-04-2632MEMORANDUM OPINION re Motions 12 and 14. Signed by Judge Carl J. Nichols on April 26, 2022. (lccjn1) (Entered: 04/26/2022)
2022-04-2633ORDER re Motions 12 and 14. Signed by Judge Carl J. Nichols on April 26, 2022. (lccjn1) (Entered: 04/26/2022)
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