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  • CREW v. Sec. of Education Et Al (Formerly CREW V. Sec. Margaret Spellings, Now CREW V. Sec. Arne Duncan) : 7/26/2007 - Order On Motion To Stay

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    On December 7, 2006, Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the U.S. Department of Education (DOE) and the Secretary of Education Margaret Spellings in the District court for the District of Columbia. The lawsuit is based on DOE's failure to release certain records required by law to be made public. Those records include the activities of advisory panels created under the Reading First Initiative, which was set up by the No Child Left Behind Act. CREW's complaint alleges that DOE failed to comply with any of the provisions of the Federal Advisory Committee Act (FACA), which requires agencies using panels such as those implemented by the Reading First Initiative to conduct open meetings, make records of those meetings publicly available, and ensure that any recommendation of the panels is the result of a fairly balanced panel. The panel sets up under the Reading First Initiative make recommendations to the Secretary about which states should receive federal funds under the program. In a report issued in September 2006, DOE's Inspector General found that the Reading First Initiative was plagued by conflicts of interest, possible corruption, and numerous violations of law and General Accounting Office (GAO) standards.

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    CREW v. Sec. of Education et al (formerly CREW V. Sec. Margaret Spellings, now CREW V. Sec. Arne Duncan): 7/26/2007 - Order on Motion to Stay

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    On December 7, 2006, Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the U.S. Department of Education (DOE) and the Secretary of Education Margaret Spellings in the District court for the District of Columbia. The lawsuit is based on DOE's failure to release certain records required by law to be made public. Those records include the activities of advisory panels created under the Reading First Initiative, which was set up by the No Child Left Behind Act. CREW's complaint alleges that DOE failed to comply with any of the provisions of the Federal Advisory Committee Act (FACA), which requires agencies using panels such as those implemented by the Reading First Initiative to conduct open meetings, make records of those meetings publicly available, and ensure that any recommendation of the panels is the result of a fairly balanced panel. The panel sets up under the Reading First Initiative make recommendations to the Secretary about which states should receive federal funds under the program. In a report issued in September 2006, DOE's Inspector General found that the Reading First Initiative was plagued by conflicts of interest, possible corruption, and numerous violations of law and General Accounting Office (GAO) standards.

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    CREW v. Sec. of Education Et Al (Formerly CREW V. Sec. Margaret Spellings, Now CREW V. Sec. Arne Duncan) : 7/26/2007 - Order On Motion To Stay

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    CREW
    On December 7, 2006, Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the U.S. Department of Education (DOE) and the Secretary of Education Margaret Spellings in the District court for the District of Columbia. The lawsuit is based on DOE's failure to release certain records required by law to be made public. Those records include the activities of advisory panels created under the Reading First Initiative, which was set up by the No Child Left Behind Act. CREW's complaint alleges that DOE failed to comply with any of the provisions of the Federal Advisory Committee Act (FACA), which requires agencies using panels such as those implemented by the Reading First Initiative to conduct open meetings, make records of those meetings publicly available, and ensure that any recommendation of the panels is the result of a fairly balanced panel. The panel sets up under the Reading First Initiative make recommendations to the Secretary about which states should receive federal funds under the program. In a report issued in September 2006, DOE's Inspector General found that the Reading First Initiative was plagued by conflicts of interest, possible corruption, and numerous violations of law and General Accounting Office (GAO) standards.

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    Case 1:06-cv-02086-HHK Document 10 Filed 07/26/2007 Page 1 of 1

    UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF COLUMBIA

    CITIZENS FOR RESPONSIBILITY


    AND ETHICS IN WASHINGTON,

    Plaintiff,
    Civil Action 06-02086 (HHK)
    v.

    MARGARET SPELLINGS, et al.,

    Defendants.

    ORDER TO STAY

    Before the court is the motion of defendants for a stay of all proceedings in this case until

    June 29, 2007 (#6). The motion recites that a stay is sought in order that defendants would have

    time to “to attempt to moot this action by producing to plaintiff . . . those documents that would

    come within the purview of §10 (b) of the Federal Advisory Committee Act (FACA), 5 U.S.C.

    App.2, if that provision were held to apply to this action.”

    Upon consideration of the motion, the opposition thereto, and the record of this case, the

    court concludes that the motion should be granted, nunc pro tunc.. It is further ordered that by no

    later than August 3, 2007, the parties shall submit a joint status report and a proposed briefing

    schedule to resolve any remaining issues in this case. The status report shall indicate the

    documents that have been produced by the government since March 14, 2007. If the parties are

    unable to agree each side shall file a status report and proposed briefing schedule.

    SO ORDERED
    Henry H. Kennedy, Jr.
    United States District Judge
    Dated: July 26, 2007

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