National Consumer Law Center v. United States Department of Education

Filing 41

Judge Indira Talwani: ORDER entered. re 40 Stipulation filed by United States Department of Education (MacDonald, Gail)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

NATIONAL CONSUMER LAW CENTER,

Plaintiff,
Civil Action No, 18-10763-IT
vs.

UNITED STATES DEPARTMENT OF
EDUCATION,
Defendant.

STIPULATION AND [PftftPOSIilD] ORDER

Plaintiff National Consumer Law Center and defendant United States Department of

Education (ED) previously explained to the Court that the issues in this case had been narrowed
toED's withholding ofthree categories ofinformation from a document identified as a "Borrower
Defense Protocol." March 29, 2019 Joint Status Report H5 (Doc. 28). On May 2, 2019, ED

produced in full one category of information at issue. On July 12, 2019, following the filing of
cross-motions for summary judgment, ED produced in full the remaining two categories of

information. Accordingly, the parties have now resolved the case, including an agreement with

regard to payment ofattorneys' fees and costs. The parties agree and stipulate as follows:
1.

This Stipulation and Order shall constitute dismissal ofthis action. The dismissal

shall be effective upon the Court's signing and entry ofthis Stipulation and Order on the docket
as an order of the Court.

2.

ED shall pay to counsel for plaintiff, Public Citizen Litigation Group, a lump sum

of$30,000. The parties agree that payment ofthis sum shall constitute full and final settlement of
all claims by plaintiff for fees, costs, and expenses against ED in this action.

.

3.

I

yj\J'

The Court retains jurisdiction to enforce the provisions of this Stipulation and

Order.

Dated; September 26, 2019

Respectfully submitted,

FOR THE PLAINTIFF:

FOR THE DEFENDANT:

/s/ Patrick D. Llewellyn

ANDREW E. LELLING

Patrick D. Llewellyn*
Public Citizen Litigation Group
1600 20th Street NW
Washington, DC 20009
[phone]
[e-mail]

United States Attorney

Persis Yu (HBO No. 685951)
Stuart Rossman (BBO No. 430640)
National Consumer Law Center

7 Winthrop Square, 4th Floor

By; /s/ Susan M. Poswistilo
Susan M. Poswistilo (BBO #565581)
Assistant U.S. Attorney
U.S. Attorney's Office
John J. Moakley U.S. Courthouse
1 Courthouse Way, Suite 9200
Boston, MA 02210
[phone]

[e-mail]

Boston, MA 02110-1245
[phone]

[e-mail]
♦Admitted

pro hac vice

so ORDERED, this _22day of

. 2019.

UMTED STATES DISTRICT JUDGE