Lawsuits

Lawsuits

CREW v. Department of Education

On October 7, 2010, CREW sued the Department of Education for failing to provide CREW records under the Freedom of Information Act related to communications about or with specified individuals and entities regarding the for-profit education industry.  CREW made this request in the wake of press reports that a number of individuals were attempting to influence Education's regulation of the for-profit industry to further these individuals’ own financial interests.

On November 26, 2012, U.S. District Court Judge Rosemary Collyer issued an opinion and order granting the Department of Education’s motion for summary judgment in CREW v. Dep’t of Education (D.D.C.).   This case was based on a Freedom of Information Act request CREW made of Education for documents related to the agency’s promulgation of controversial regulations governing the for-profit education industry.   Education was forced to conduct multiple searches for responsive records when CREW pointed out the deficiencies of its searches, including its failure to search agency-wide for all responsive emails.  The court rejected CREW’s argument that Education still had not conducted an adequate search, particularly for emails of Education Secretary Arne Duncan.  Judge Collyer also rejected CREW’s challenge to the agency’s reliance on FOIA Exemption 5 to protect documents generated before the agency issued final regulations, finding they retained their deliberative character even after the final agency decision.  Through this FOIA request CREW was able to obtain documents that revealed the depth of influence outsiders like hedge fund manager Steven Eisman had on the regulatory process.

Court Documents

Complaint 10-7-10

Answer 11-5-10

Defendant's Motion for Summary Judgment 2-16-11

Defendant's Motion for Summary Judgment - Cook Declaration 2-16-11

Defendant's Motion for Summary Judgment - Landis Declaration 2-16-11

Defendant's Motion for Summary Judgment - Meyer Declaration 2-16-11

Defendant's Motion for Summary Judgment - K. Smith Declaration 2-16-11

Defendant's Motion for Summary Judgment - Z. Smith Declaration 2-16-11

Defendant's Motion for Summary Judgment - Arsenault Declaration 2-16-11

Defendant's Motion for Summary Judgment - Kvaal documents (1 of 3) 2-16-11

Defendant's Motion for Summary Judgment - Kvaal documents (2 of 3) 2-16-11

Defendant's Motion for Summary Judgment - Kvaal documents (3 of 3) 2-16-11

Errata 2-17-11

Kvaal documents (1 of 4) 2-17-11

Kvaal documents (2 of 4) 2-17-11

Kvaal documents (3 of 4) 2-17-11

Kvaal documents (4 of 4) 2-17-11

Plaintiff's Oppostion to Defendant's Motion for Summary Judgment 3-17-11

Plaintiff's Oppostion to Defendant's Motion for Summary Judgment - Exhibit A 3-17-11.pdf

Plaintiff's Response to Defendant's Statement of Material Facts 3-17-11

Proposed Order 3-17-11

Joint Motion to Stay the Case 4-8-11

Notice of Withdrawal of Motion 4-8-11

Defendant's Motion for Summary Judgment 6-1-11

Defendant's Motion for Summary Judgment - Cook Declaration I 6-1-11

Defendant's Motion for Summary Judgment - Exhibit K 6-1-11

Defendant's Motion for Summary Judgment - Bashford Declaration 6-1-11

Defendant's Motion for Summary Judgment - Cook Declaration II 6-1-11

Defendant's Motion for Summary Judgment - Meyer Declaration 6-1-11

Defendant's Motion for Summary Judgment - K. Smith Declaration 6-1-11

Defendant's Motion for Summary Judgment - Landis Declaration 6-1-11

Defendant's Motion for Summary Judgment - Z. Smith Declaration 6-1-11

Defendant's Motion for Summary Judgment - Arsenault Declaration 6-1-11

Defendant's Motion for Summary Judgment - Exhibit A 6-1-11

Defendant's Motion for Summary Judgment - Vaughn Index 6-1-11

Proposed Order 6-1-11

Plaintiff's Opposition to Defendant's Motion for Summary Judgment 6-15-11

Plaintiff's Opposition to Defendant's Motion for Summary Judgment - Exhibit A 6-15-11

Plaintiff's Response to Defendant's Statement of Material Facts 6-15-11

Proposed Order 6-15-11

Plaintiff's Motion for Partial Summary Judgment 6-16-11

Memorandum of Points and Authorities in Support of Plaintiff's Motion for Partial Summary Judgment 6-16-11

Plaintiff's Statement of Material Facts 6-16-11

Proposed Order 6-16-11

Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment 6-28-11

Reply to Plaintiff's Opposition - Attached case 6-28-11

Reply to Plaintiff's Opposition - Second Bashford Declaration 6-28-11

Reply to Plaintiff's Opposition - Third Cook Declaration 6-28-11

Reply to Plaintiff's Opposition - K. Smith Declaration 6-28-11

Reply to Plaintiff's Opposition - Exhibit L 6-28-11

Opposition to Plaintiff's Motion for Partial Summary Judgment 6-28-11

Response to Plaintiff's Statement of Material Facts 6-28-11

Proposed Order 6-28-11

Plaintiff's Reply in Support of its Motion for Partial Summary Judgment 7-11-11

Opinion (Document 23) 11-26-12

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