Amerson v. Las Vegas College, et al

Filing 38

ORDER. Accordingly, IT IS HEREBY ORDERED that a Zoom hearing is set to discuss the status of Plaintiff's Freedom of Information Act requests. IT IS FURTHER ORDERED that Plaintiff and Office of Civil Rights, U.S. Department of Education counse l, as well as an appropriate representative of the Department, if desired, must appear by Zoom for a hearing to discuss the status of the response to Plaintiff's Freedom of Information Act requests. The hearing will take place on Tuesday, Februa ry 18, 2025 at 9:30 a.m. The parties must contact Jeff Miller, Courtroom Deputy for the undersigned Magistrate Judge, by 12:00 p.m. on February 13, 2025, at [e-mail], and provide the email addresses for their respective pa rticipants. The Courtroom Deputy will email all participants with the Zoom link. IT IS FURTHER ORDERED that to ensure receipt of this Order, the Clerk of Court must send a copy of this Order to Counsel for the Office of Civil Rights, U.S. Departm ent of Education by electronic and U.S. Mail as follows: Emailed to: [e-mail]; [e-mail]; and [e-mail] By U.S. Mail to: Monique Malson Office of Civil Rights U.S. Department of Educat ion 915 2nd Ave, Suite 3310 Seattle, WA 98174 General Counsel Office of Civil Rights U.S. Department of Education 915 2nd Ave, Suite 3310Seattle, WA 98174 Status Conference set for 2/18/2025 at 09:30 AM in LV Chambers - Videoconference before Magistrate Judge Elayna J. Youchah. Signed by Magistrate Judge Elayna J. Youchah on 1/27/2025. (Copies have been distributed pursuant to the NEF. Copy of Order distributed as outlined in this Order. - RJDG)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

GENAY L. AMERSON, an individual,

5

Plaintiff,

6
7
8
9
10
11

Case No. 2:24-cv-01589-RFB-EJY

v.

ORDER

LAS VEGAS COLLEGE, MIKHAIL
EDUCATION CORPORATION, a domestic
corporation; PETER MIKHAIL, PRESIDENT
OF MIKHAIL EDUCATION
CORPORATION; DOES 1 through 10; ROE
Entities 11 through 20, inclusive jointly and
severally,
Defendants.

12
13

Pending before the Court is Plaintiff’s Second Motion to Compel Discovery Subpoena Duces

14

Tecum. ECF No. 35. An order granting a motion to compel presupposes the party seeking the order

15

was denied information to which he/she is entitled through discovery in a civil matter. Here, a

16

review of the documents attached to Plaintiff’s instant Motion show Plaintiff incorporated her

17

subpoena into a revised Freedom of Information Act (“FOIA”) request that the United States

18

Department of Education responded to on January 8, 2025 producing a total of 224 pages of

19

documents. ECF Nos. 35-1 at 2, 35-3 at 2, 35-8 at 2, 5. Further, the Court finds the Department of

20

Education stated it would respond to Plaintiff’s request on a rolling basis and more documents will

21

be provided to Plaintiff once approved for release. ECF No. 35-1 at 2 (dated January 8, 2025). Thus,

22

there is reason to believe additional documents may be produced.

23

The Office of Civil Rights, Department of Education also explained to Plaintiff that there is

24

no duty to create documents in response to a party’s FOIA request. This is true. 34 C.F.R. §

25

5.12. The denial of an inventory list and change in format is not a basis to compel. What is unclear,

26

and is difficult to decipher, is what Plaintiff has received and what it is she is seeking that she has

27

not yet received. It is also unclear when additional documents, if any, will be produced.

28
1

1
2

Accordingly, IT IS HEREBY ORDERED that a Zoom hearing is set to discuss the status of
Plaintiff’s Freedom of Information Act requests.

3

IT IS FURTHER ORDERED that Plaintiff and Office of Civil Rights, U.S. Department of

4

Education counsel, as well as an appropriate representative of the Department, if desired, must

5

appear by Zoom for a hearing to discuss the status of the response to Plaintiff’s Freedom of

6

Information Act requests. The hearing will take place on Tuesday, February 18, 2025 at 9:30 a.m.

7

The parties must contact Jeff Miller, Courtroom Deputy for the undersigned Magistrate

8

Judge, by 12:00 p.m. on February 13, 2025, at [e-mail], and provide the

9

email addresses for their respective participants. The Courtroom Deputy will email all participants

10

with the Zoom link.

11

IT IS FURTHER ORDERED that to ensure receipt of this Order, the Clerk of Court must

12

send a copy of this Order to Counsel for the Office of Civil Rights, U.S. Department of Education

13

by electronic and U.S. Mail as follows:

14

Emailed to: [e-mail]; [e-mail]; and [e-mail]

15

By U.S. Mail to:

16

Monique Malson
Office of Civil Rights
U.S. Department of Education
915 2nd Ave, Suite 3310
Seattle, WA 98174

17
18
19

21

General Counsel
Office of Civil Rights
U.S. Department of Education
915 2nd Ave, Suite 3310
Seattle, WA 98174

22

Dated this 27th day of January, 2025.

20

23
24
25

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

26
27
28
2