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Case TitleDefense of Freedom Institute for Policy Studies, Inc. v. US Department of Education et al
DistrictMiddle District of Florida
CityOrlando
Case Number6:2023cv01515
Date Filed2023-08-09
Date ClosedOpen
JudgeJudge Paul G. Byron
PlaintiffDefense of Freedom Institute for Policy Studies, Inc.
Case DescriptionThe Defense of Freedom Institute for Policy Studies submitted three FOIA requests to the Department of Education for records. DFI's first FOIA request asked for records related to the Department's enforcement of Section 117, which requires colleges and universities to report biannually to the Department foreign source gifts and contracts with an annual value of more that $250,000. DFI also requested a fee waiver. The agency acknowledged receipt of the request but denied DFI's request for a fee waiver. DFI filed an administrative appeal of the denial of its fee waiver request. The agency reversed its decision and granted DFI's fee waiver. DFI heard nothing further. DFI submitted a second request to OMB for records similar to its request to the Department of Education. OMB acknowledged receipt of the request but DFI heard nothing further from OMB. DFI's third FOIA request to the Department for similar records with somewhat more specifics. The agency acknowledged receipt of the request but after hearing nothing further from either agency, DFI filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Education
DefendantThe White House Office of Management and Budget
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-091COMPLAINT against All Defendants (Filing fee $402 receipt number AFLMDC-21129445) filed by Defense of Freedom Institute for Policy Studies, Inc . (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 All Exhibits)(Astor, Martha) Modified to edit docket text on 8/10/2023 (RLK). (Entered: 08/09/2023)
2023-08-092NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-01515-PGB-EJK. (JG) (Entered: 08/09/2023)
2023-08-093NOTICE TO COUNSEL Donald A. Daugherty, Jr. of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JG) (Entered: 08/09/2023)
2023-08-104SUMMONS issued as to The White House Office of Management and Budget, U.S. Department of Education. (RLK) (Entered: 08/10/2023)
2023-08-105INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 8/10/2023. (KM) (Entered: 08/10/2023)
2023-08-106ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 8/10/2023. (JOR) (Entered: 08/10/2023)
2023-08-157First MOTION for Donald A. Daugherty, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21148431 for $150 by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 08/15/2023)
2023-08-158Amended MOTION for Donald A. Daugherty, Jr. to appear pro hac vice by Defense of Freedom Institute for Policy Studies, Inc.. (Astor, Martha) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 08/15/2023)
2023-08-169ENDORSED ORDER denying without prejudice 8 Amended Motion for Donald A. Daugherty, Jr. to Appear Pro Hac Vice; denying as moot 7 Motion for Donald A. Daugherty, Jr. to Appear Pro Hac Vice. The Court expects attorneys seeking admission to practice before it to be familiar with and to follow all of the Federal Rules of Civil Procedure and the Local Rules. See Local Rule 2.01(b)(1)(D). Despite certifying his knowledge of these rules, Attorney Daugherty's Motion does not comply with the signature requirements set forth in Federal Rule of Civil Procedure 11(a). Additionally, counsel should review Local Rule 1.08 for the Court's formatting requirements for motions. Signed by Magistrate Judge Embry J. Kidd on 8/16/2023. (RMN) (Entered: 08/16/2023)
2023-08-1610Second MOTION for Donald A. Daugherty, Jr. to appear pro hac vice by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 08/16/2023)
2023-08-1611NOTICE of WITHDRAWAL of motion re 7 Motion to Appearfiled by Defense of Freedom Institute for Policy Studies, Inc. by Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) (Entered: 08/16/2023)
2023-08-1712ORDER granting 10 Plaintiff's Second Motion for Special Admission of Donald A. Daugherty, Jr. Signed by Magistrate Judge Embry J. Kidd on 8/17/2023. (RMN) (Entered: 08/17/2023)
2023-08-2413CERTIFICATE of interested persons and corporate disclosure statement by Defense of Freedom Institute for Policy Studies, Inc. identifying Corporate Parent Defense of Freedom Institute for Policy Studies, Inc. for Defense of Freedom Institute for Policy Studies, Inc. (Astor, Martha) Modified text on 8/24/2023 (MCB). (Entered: 08/24/2023)
2023-08-2414NOTICE of a related action per Local Rule 1.07(c) by Defense of Freedom Institute for Policy Studies, Inc. Related case(s): No (Astor, Martha) Modified text on 8/24/2023 (MCB). (Entered: 08/24/2023)
2023-09-0817RETURN of service executed on 8/17/2023 by Defense of Freedom Institute for Policy Studies, Inc. as to U.S. Department of Education. (Attachments: # 1 Proof of Service, # 2 Proof of Mailing)(Astor, Martha) Modified on 9/8/2023 (SPM). (Entered: 09/08/2023)
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by FOIA Project Staff
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