Case: Trustees of Princeton University v. United States Department of Education

1:17-cv-00485 | U.S. District Court for the District of District of Columbia

Filed Date: March 17, 2017

Closed Date: 2017

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Case Summary

On Mar. 17, 2017, the plaintiff, Princeton University, filed a "reverse Freedom of Information Act (FOIA)" lawsuit against the U.S. Department of Education and its sub-agency, the Office for Civil Rights (OCR), pursuant to the Administrative Procedure Act; 5 U.S.C. §§ 701-706; FOIA; 5 U.S.C. § 552; the Trade Secrets Act; and 18 U.S.C. § 1905, in order to prevent the disclosure of certain commercially sensitive documents and information relating to the University's undergraduate admissions progr…

The materials at issue were the subject of a pending FOIA request and accompanying lawsuit to compel disclosure, Students for Fair Admissions, Inc. v. U.S. Department of Education.

The materials fell into two categories: documents and information about undergraduate applicants to the University, and documents and information about the University's proprietary admissions processes. The materials pertained to an OCR compliance review had begun in January 2008 after OCR received a complaint alleging that the plaintiff had discriminated against the complainant on the basis of race and national origin in the admissions process. OCR concluded its investigation in September 2015, finding no evidence that the plaintiff had discriminated against the complainant specifically, nor against Asian applicants generally.

The plaintiff maintained that the materials at issue were exempt from disclosure pursuant to a FOIA exemption that exempts from disclosure "trade secrets and commercial or financial information obtained from a person and privileged or confidential." 5 U.S.C. § 552(b)(4). The plaintiff argued that disclosure of the materials would put it at a substantial competitive disadvantage to identify, evaluate, and enroll prospective students, while potentially also discouraging applicants from applying to the University in the future if they questioned the confidentiality of their application materials.

The plaintiff sought permanent injunctive and declaratory relief to set aside the Department of Education and OCR's final decision to disclose the documents and information as arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law.

The case was assigned to District Judge Tanya S. Chutkan.

On March 30, 2017, Students for Fair Admissions filed a consent motion to intervene as a defendant in the present case and consolidate the case with Students for Fair Admissions, Inc. v. U.S. Department of Education. On May 9, 2017, the order was granted and the cases were consolidated.

On July 17, 2017, the defendants filed an unopposed motion to remand and stay. The motion was granted on a week later, on the condition that the parties submit a status report to the court by September 25, 2017, and every 30 days thereafter. On October 25, 2017, the Department of Education informed the court that it had received and was reviewing supplementary material that the plaintiff had submitted. On November 24, 2017, the Department provided an update stating that it planned to respond to the plaintiff on or before December 8, 2017, informing the school of whether the agency found the records exempt from production.

On December 8, 2017, the parties jointly stipulated to dismissal. Three days later, Judge Chutkan signed an order of dismissal, converting the administrative dismissal to a dismissal without prejudice. Each party had to pay their own costs.

The docket does not include any details about the conditions of the parties' joint stipulation to dismissal. The case is now closed.

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Summary Authors

Elizabeth Greiter (5/7/2018)

Dawn Lui (10/3/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4620225/parties/trustees-of-princeton-university-v-united-states-department-of-education/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Berman, Marcia (District of Columbia)

Braswell, Marina Utgoff (District of Columbia)

Buckingham, Stephen J. (District of Columbia)

Champeaux, Roylene A (District of Columbia)

Expert/Monitor/Master/Other

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Harrison, Lindsay C (District of Columbia)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Berman, Marcia (District of Columbia)

Braswell, Marina Utgoff (District of Columbia)

Buckingham, Stephen J. (District of Columbia)

Champeaux, Roylene A (District of Columbia)

Clukey, Beth A. (District of Columbia)

Coles-Huff, Doris Denise (District of Columbia)

Dworkowitz, Gregory Peter (District of Columbia)

EDUCATION, UNITED STATES (District of Columbia)

Field, Brian J. (District of Columbia)

Grostic, Christian John (District of Columbia)

Lawrence, Matthew J.B. (District of Columbia)

Marcus, Lisa Zeidner (District of Columbia)

Moore, Tamra Tyree (District of Columbia)

Patil, Chetan A. (District of Columbia)

Saltman, Julie Shana (District of Columbia)

Schaefer, Daniel Patrick (District of Columbia)

Seligman, Phillip Martin (District of Columbia)

Snell, Kevin Matthew (District of Columbia)

Sprenger, Steven M. (District of Columbia)

Walker, Johnny Hillary (District of Columbia)

Warshawsky, John (District of Columbia)

Wolverton, Caroline Lewis (District of Columbia)

Wyer, Kathryn L. (District of Columbia)

Yee, Marsha Wellknown (District of Columbia)

Expert/Monitor/Master/Other

Connolly, John Michael (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:17-cv-00485	Docket [PACER] Trustees of Princeton University v. U.S. Department of Education	Dec. 11, 2017	Dec. 11, 2017 Docket
1 1:17-cv-00485	Complaint Trustees of Princeton University v. U.S. Department of Education	March 17, 2017	March 17, 2017 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4620225/trustees-of-princeton-university-v-united-states-department-of-education/

Last updated April 9, 2025, 3:24 p.m.

ECF Number	Description	Date	Link Date / Link
	Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 03/17/2017)	March 17, 2017	March 17, 2017
	Case Assigned to Judge Tanya S. Chutkan. (md)	March 17, 2017	March 17, 2017 PACER
1	COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS ( Filing fee $ 400 receipt number 0090-4879326) filed by TRUSTEES OF PRINCETON UNIVERSITY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Civil Cover Sheet, # (5) Summons, # (6) Summons, # (7) Summons, # (8) Summons)(Harrison, Lindsay) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Civil Cover Sheet View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER	March 17, 2017	March 17, 2017 RECAP
2	NOTICE OF RELATED CASE by TRUSTEES OF PRINCETON UNIVERSITY. Case related to Case No. 16-cv-2154. (Harrison, Lindsay)	March 17, 2017	March 17, 2017 PACER
3	SUMMONS (2) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS, U.S. Attorney and U.S. Attorney General (Attachments: # (1) Notice of Consent) (md)	March 17, 2017	March 17, 2017 PACER
4	Consent MOTION to Intervene and Consolidate by STUDENTS FOR FAIR ADMISSIONS, INC. (Attachments: # (1) Proposed Answer, # (2) Text of Proposed Order)(Connolly, John). Added MOTION to Consolidate Cases on 4/7/2017 (zrdj).	March 30, 2017	March 30, 2017 PACER
5	Corporate Disclosure Statement by STUDENTS FOR FAIR ADMISSIONS, INC.. (Connolly, John)	March 30, 2017	March 30, 2017 RECAP
6	NOTICE of Appearance by Daniel Patrick Schaefer on behalf of UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS (Schaefer, Daniel)	April 4, 2017	April 4, 2017 PACER
	ORDER granting 4 Students for Fair Admissions, Inc.'s Motion to Intervene as a Defendant in this action and granting 4 the Consent Motion to Consolidate Cases. It is hereby ORDERED that cases No. 17−cv−0485−TSC and No. 16−cv−2154−TSC are CONSOLIDATED. Signed by Judge Tanya S. Chutkan on 5/9/2017. (lctsc2) (Entered: 05/09/2017)	May 9, 2017	May 9, 2017
	Case consolidated with Member Case no. 16−cv−2154 TSC. NO FILINGS ARE TO BE MADE IN THE MEMBER CASE NO.. ALL FILINGS ARE TO BE MADE IN THE LEAD NO. 17−CV−485 TSC ONLY. (td) Modified on 5/10/2017 (ztd). (Entered: 05/09/2017)	May 9, 2017	May 9, 2017
	ORDER granting 4 Students for Fair Admissions, Inc.'s Motion to Intervene as a Defendant in this action and granting 4 the Consent Motion to Consolidate Cases. It is hereby ORDERED that cases No. 17-cv-0485-TSC and No. 16-cv-2154-TSC are CONSOLIDATED. Signed by Judge Tanya S. Chutkan on 5/9/2017. (lctsc2)	May 9, 2017	May 9, 2017 PACER
	Case consolidated with Member Case no. 16-cv-2154 TSC. NO FILINGS ARE TO BE MADE IN THE MEMBER CASE NO.. ALL FILINGS ARE TO BE MADE IN THE LEAD NO. 17-CV-485 TSC ONLY. (td) Modified on 5/10/2017 (ztd).	May 9, 2017	May 9, 2017 PACER
	MINUTE ORDER granting 11 Joint Motion for Briefing Schedule. Defendant's Answer is due by 5/26/2017. Defendant shall certify and transmit the administrative record and file a certified list of the contents of the record by 6/16/2017. Plaintiff's motion for summary judgment is due by 7/17/2017. Amicus briefs in support of Plaintiff's motion are due by 7/24/2017. Defendant's and Defendant−Intervenor's Combined Oppositions and Cross−Motions are due by 9/1/2017. Amicus briefs in support of Cross−Motions are due by 9/8/2017. Plaintiff's Combined Reply and Opposition is due by 9/22/2017. Defendant's and Defendant−Intervenor's Replies are due by 10/20/2017. Copy of the administrative record cited by parties is due to the court by 11/3/2017. Signed by Judge Tanya S. Chutkan on 5/17/2017. (lctsc2) (Entered: 05/17/2017)	May 17, 2017	May 17, 2017
	MINUTE ORDER granting 11 Joint Motion for Briefing Schedule. Defendant's Answer is due by 5/26/2017. Defendant shall certify and transmit the administrative record and file a certified list of the contents of the record by 6/16/2017. Plaintiff's motion for summary judgment is due by 7/17/2017. Amicus briefs in support of Plaintiff's motion are due by 7/24/2017. Defendant's and Defendant-Intervenor's Combined Oppositions and Cross-Motions are due by 9/1/2017. Amicus briefs in support of Cross-Motions are due by 9/8/2017. Plaintiff's Combined Reply and Opposition is due by 9/22/2017. Defendant's and Defendant-Intervenor's Replies are due by 10/20/2017. Copy of the administrative record cited by parties is due to the court by 11/3/2017. Signed by Judge Tanya S. Chutkan on 5/17/2017. (lctsc2)	May 17, 2017	May 17, 2017 PACER
7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 3/23/2017 (Harrison, Lindsay)	May 17, 2017	May 17, 2017 PACER
8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 5/23/2017. (Harrison, Lindsay)	May 17, 2017	May 17, 2017 PACER
9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS served on 3/24/2017 (Harrison, Lindsay)	May 17, 2017	May 17, 2017 PACER
10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/24/2017. (Harrison, Lindsay)	May 17, 2017	May 17, 2017 PACER
11	Joint MOTION for Briefing Schedule by STUDENTS FOR FAIR ADMISSIONS, INC. (Attachments: # (1) Text of Proposed Order Proposed Order)(Connolly, John)	May 17, 2017	May 17, 2017 PACER
	Set/Reset Deadlines: Administrative Record due by 6/16/2017. Answer due by 5/26/2017. Summary Judgment motion due by 7/17/2017. Response/Cross Motion due by 9/1/2017. Response/Reply to Cross Motion due by 9/22/2017. Reply to Cross Motion due by 10/20/2017. Copy of administrative record cited by parties is due to the court by 11/3/2017. (tb) (Entered: 05/18/2017)	May 18, 2017	May 18, 2017
	Set/Reset Deadlines: Administrative Record due by 6/16/2017. Answer due by 5/26/2017. Summary Judgment motion due by 7/17/2017. Response/Cross Motion due by 9/1/2017. Response/Reply to Cross Motion due by 9/22/2017. Reply to Cross Motion due by 10/20/2017. Copy of administrative record cited by parties is due to the court by 11/3/2017. (tb)	May 18, 2017	May 18, 2017 PACER
12	ANSWER to Complaint by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS.(Schaefer, Daniel)	May 26, 2017	May 26, 2017 PACER
13	ADMINISTRATIVE RECORD (Certified Index) by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS. (Schaefer, Daniel)	June 16, 2017	June 16, 2017 PACER
14	MOTION to Supplement the Administrative Record by STUDENTS FOR FAIR ADMISSIONS, INC. (Attachments: # (1) Text of Proposed Order)(Connolly, John)	June 26, 2017	June 26, 2017 PACER
	MINUTE ORDER: To the extent the Trustees of Princeton University or the Defendants object to the Motion to Supplement the Administrative Record 14 filed by STUDENTS FOR FAIR ADMISSIONS, INC., they shall file a response by 7/10/17 of no more than ten pages. Signed by Judge Tanya S. Chutkan on 7/5/17. (DJS) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017
	MINUTE ORDER: To the extent the Trustees of Princeton University or the Defendants object to the Motion to Supplement the Administrative Record 14 filed by STUDENTS FOR FAIR ADMISSIONS, INC., they shall file a response by 7/10/17 of no more than ten pages. Signed by Judge Tanya S. Chutkan on 7/5/17. (DJS)	July 5, 2017	July 5, 2017 PACER
	MINUTE ORDER: Granting in part and denying in part 15 Consent Motion for Extension of Time to File Response/Reply. Defendants and Plaintiff shall file their response (not to exceed 10 pages) to Defendant−Intervenor's Motion to Supplement the Administrative Record 14 by July 17, 2017. Once the court rules on the pending motion the parties may submit a proposed briefing schedule for summary judgment motions. Signed by Judge Tanya S. Chutkan on 7/7/17. (DJS) (Entered: 07/07/2017)	July 7, 2017	July 7, 2017
	MINUTE ORDER: Granting in part and denying in part 15 Consent Motion for Extension of Time to File Response/Reply. Defendants and Plaintiff shall file their response (not to exceed 10 pages) to Defendant-Intervenor's Motion to Supplement the Administrative Record 14 by July 17, 2017. Once the court rules on the pending motion the parties may submit a proposed briefing schedule for summary judgment motions. Signed by Judge Tanya S. Chutkan on 7/7/17. (DJS)	July 7, 2017	July 7, 2017 PACER
15	Consent MOTION for Extension of Time to File Response/Reply as to [14] MOTION to Supplement the Administrative Record by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS (Attachments: # (1) Text of Proposed Order)(Schaefer, Daniel)	July 7, 2017	July 7, 2017 PACER
	Set/Reset Deadlines: Responses due by 7/17/2017. (tb) Modified on 7/10/2017 (tb). (Entered: 07/10/2017)	July 10, 2017	July 10, 2017
	Set/Reset Deadlines: Responses due by 7/17/2017. (tb) Modified on 7/10/2017 (tb).	July 10, 2017	July 10, 2017 PACER
16	Memorandum in opposition to re [14] MOTION to Supplement the Administrative Record filed by TRUSTEES OF PRINCETON UNIVERSITY. (Harrison, Lindsay)	July 17, 2017	July 17, 2017 RECAP
17	NOTICE of Proposed Order by TRUSTEES OF PRINCETON UNIVERSITY re [16] Memorandum in Opposition (Harrison, Lindsay)	July 17, 2017	July 17, 2017 RECAP
18	NOTICE OF SUBSTITUTION OF COUNSEL by Kevin Matthew Snell on behalf of All Defendants Substituting for attorney Daniel Schaefer Associated Cases: 1:17-cv-00485-TSC, 1:16-cv-02154-TSC(Snell, Kevin)	July 17, 2017	July 17, 2017 PACER
19	RESPONSE re [14] MOTION to Supplement the Administrative Record filed by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS. (Attachments: # (1) Text of Proposed Order)(Snell, Kevin)	July 17, 2017	July 17, 2017 PACER
20	Unopposed MOTION to Remand and Stay by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS (Attachments: # (1) Text of Proposed Order)(Snell, Kevin)	July 17, 2017	July 17, 2017 PACER
	MINUTE ORDER: Defendants' Unopposed 20 Motion is hereby GRANTED. This action and the consolidated case (16−cv−2154−TSC) are hereby STAYED. Both proceedings are hereby REMANDED to the agency for further proceedings. Defendants shall file a status report by 9/25/17, and every 30 days thereafter until the proceedings on remanded are finished. In light of the remand, the Court hereby STAYS this case along with the consolidated case (16−cv−2154−TSC) until Defendants notify the Court that they have made their determinations as to whether the documents that Plaintiff challenges are exempt from production. Defendant−Intervenors 14 Motion to Supplement the Administrative Record as hereby denied as moot. Signed by Judge Tanya S. Chutkan on 7/25/17. (DJS) (Entered: 07/25/2017)	July 25, 2017	July 25, 2017
	MINUTE ORDER: Defendants' Unopposed 20 Motion is hereby GRANTED. This action and the consolidated case (16-cv-2154-TSC) are hereby STAYED. Both proceedings are hereby REMANDED to the agency for further proceedings. Defendants shall file a status report by 9/25/17, and every 30 days thereafter until the proceedings on remanded are finished. In light of the remand, the Court hereby STAYS this case along with the consolidated case (16-cv-2154-TSC) until Defendants notify the Court that they have made their determinations as to whether the documents that Plaintiff challenges are exempt from production. Defendant-Intervenors 14 Motion to Supplement the Administrative Record as hereby denied as moot. Signed by Judge Tanya S. Chutkan on 7/25/17. (DJS)	July 25, 2017	July 25, 2017 PACER
	MINUTE ORDER: In light of the 7/25/17 order remanding and staying this action and consolidated case 16−cv−2154−TSC, the Clerk of the Court is hereby directed to Administratively Close this case and the consolidated case. However, the parties shall continue to file their Status Reports as required by the 7/25/17 Minute Order. Upon resolution of the proceedings on remand, the parties may file a motion to return both cases to the court's active docket. Any such motion shall contain a proposed order for moving forward with the cases. Signed by Judge Tanya S. Chutkan on 7/27/17. (DJS) (Entered: 07/27/2017)	July 27, 2017	July 27, 2017
	MINUTE ORDER: In light of the 7/25/17 order remanding and staying this action and consolidated case 16-cv-2154-TSC, the Clerk of the Court is hereby directed to Administratively Close this case and the consolidated case. However, the parties shall continue to file their Status Reports as required by the 7/25/17 Minute Order. Upon resolution of the proceedings on remand, the parties may file a motion to return both cases to the court's active docket. Any such motion shall contain a proposed order for moving forward with the cases. Signed by Judge Tanya S. Chutkan on 7/27/17. (DJS)	July 27, 2017	July 27, 2017 PACER
21	STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS. (Snell, Kevin)	Sept. 25, 2017	Sept. 25, 2017 PACER
22	STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS. (Snell, Kevin)	Oct. 25, 2017	Oct. 25, 2017 PACER
23	STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS. (Snell, Kevin)	Nov. 24, 2017	Nov. 24, 2017 RECAP
24	STIPULATION of Dismissal (Joint) by TRUSTEES OF PRINCETON UNIVERSITY. (Harrison, Lindsay)	Dec. 8, 2017	Dec. 8, 2017 RECAP
25	ORDER OF DISMISSAL: Converting Administrative Dismissal to a dismissal without prejudice. Signed by Judge Tanya S. Chutkan on 12/11/17. (DJS)	Dec. 11, 2017	Dec. 11, 2017 RECAP