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Brozzo v. U.S. Department of Education

Second MOTION for Summary Judgment

17 Cited authorities

  1. Department of Justice v. Tax Analysts

    492 U.S. 136 (1989)   Cited 820 times   1 Legal Analyses
    Holding that documents are only “agency records” within the meaning of FOIA if the agency both “create or obtain” the documents and “control” them

  2. Kissinger v. Reporters Committee

    445 U.S. 136 (1980)   Cited 900 times
    Holding that in the Freedom of Information Act, the term " ‘Executive Office’ does not include the Office of the President"

  3. Forsham v. Harris

    445 U.S. 169 (1980)   Cited 251 times   2 Legal Analyses
    Holding Henry Kissinger's notes not agency files because, inter alia, they were "never entered the State Department's files"

  4. Burka v. U.S. Department of Health

    87 F.3d 508 (D.C. Cir. 1996)   Cited 218 times
    Holding that outside firms acted on behalf of a federal agency in creating data tapes when the agency exercised extensive supervision and control over data collection and analysis

  5. Bloomberg, L.P. v. Board of Governors of the Federal Reserve System

    601 F.3d 143 (2d Cir. 2010)   Cited 74 times
    Noting that FRBs do not receive appropriated funds but instead generate income from stock issuances to member banks.

  6. Bloomberg L.P. v. Board of Governors of the Federal Reserve System

    649 F. Supp. 2d 262 (S.D.N.Y. 2009)   Cited 56 times
    Holding that 12 C.F.R. § 261.2 provides that certain records of the twelve Reserve Banks are records of the Board of Governors and those records must be searched

  7. In Defense of Animals v. National Institutes of Health

    543 F. Supp. 2d 83 (D.D.C. 2008)   Cited 51 times
    Finding that defendants had not met their burden of demonstrating the reasonableness of their search cut-off date where they did not relay the cut-off date to the FOIA requester

  8. Fox News Network, LLC v. Board of Governors of the Federal Reserve System

    601 F.3d 158 (2d Cir. 2010)   Cited 12 times
    Holding that the agency's "failure to use computer experts to search for these files does not render the search inadequate"

  9. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,986 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  10. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,179 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  11. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,051 times   17 Legal Analyses
    Permitting the use of declarations instead

  12. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,438 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities

  13. Section 682.200 - Definitions

    34 C.F.R. § 682.200   Cited 80 times
    Defining guaranty agency

  14. Section 682.100 - The Federal Family Education Loan programs

    34 C.F.R. § 682.100   Cited 47 times
    Stating that the department "guarantees lenders against losses" on loans made under the "Federal Insured Student Loan" program, which is among the loan programs that the department refers to as "Federal Guaranteed Student Loan" programs

  15. Section 682.404 - Federal reinsurance agreement

    34 C.F.R. § 682.404   Cited 38 times   1 Legal Analyses
    Providing for reimbursement to the guaranty agency for unrecoverable losses on loans assigned per the parties' contract

  16. Section 682.409 - Mandatory assignment by guaranty agencies of defaulted loans to the Secretary

    34 C.F.R. § 682.409   Cited 12 times
    Requiring the guaranty agency to submit, among other things, the promissory note, a written assignment, the loan application, payment and collection histories, and disbursement records

  17. Section 682.414 - Records, reports, and inspection requirements for guaranty agency programs

    34 C.F.R. § 682.414   Cited 9 times

    (a)Records. (1) (i) The guaranty agency shall maintain current, complete, and accurate records of each loan that it holds, including, but not limited to, the records described in paragraph (a)(1)(ii) of this section. The records must be maintained in a system that allows ready identification of each loan's current status, updated at least once every 10 business days. Any reference to a guaranty agency under this section includes a third-party servicer that administers any aspect of the FFEL programs