Copy Motion To File Corrected Brief PDF

Case Docket No.
17-11888
Case Docket No. 17-12134
_________________________________________________________
UNITED STATES COURT OF APPEALS FOR

THE ELEVENTH CIRCUIT
_______________________________________________________
NAUSHEEN ZAINULABEDDIN
APPELLANT
v.
UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

APPELLEE
_________________________________________________________
MOTION TO FILE CORRECTED BRIEF

FILED ON SEPTEMBER 5, 2017
_______________________________________________________
APPELLANT
Nausheen Zainulabeddin
4730 South Woodlawn Ave. Apt 3D
Chicago, IL 60615
nausheenkhawaja@gmail.com
Pro Se
September 20, 2017

UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
Case No. 17-11888

Case No. 17-12134
Case No. 17-12376
Appellant,
versus

Appellee(s)
COMES NOW, Appellant pursuant to USCA 11th circuit local rules 42(c)(b)
moves the court in the above captioned proceedings; and respectfully requests the
Court allow the filing of an Amended Brief in lieu of the original brief. In support
of his/her motion, Appellant shows unto the Court:
1. On June 30, 2017; Appellant submitted Notice to the Clerk regarding a
request for change in briefing schedule due to pending motions.
1) Motion for emergency transfer for Case no. 07-12134
2) Motion to consolidate related appeals, 17-11888 and 17-12376
3) Motion to Supplement Record on Appeal

(1) On July 10, 2017; Appellant’s motion to consolidate appeals was granted;
including the Case no. 17-12134. And briefing schedule set; Appellant brief
was due August 22, 2017.
(2) On July 20, 2017; Per Curiam ruled that Appellant’s motion for emergency
transfer for Case no. 17-12134 was denied.
(3) On August 11, 2017; Appellant motion for extension of time to file brief for
seven days was granted. The new filing date of initial brief was schedule
for August 28, 2017.
(4) On August 22, 2017 Appellant conferred with Case Manager in a telephone
conversation at 1:42 p.m. whether her extension of brief was solely for brief
or the briefing schedule. She was stated by the case manager; her extension
was granted based on change in the briefing schedule. Appendix due date
was set for September 5, 2017 [Exhibit 1; Notice to the Court for the
record: USPS Tracking No. 94055118995640411028238, not docketed
though delivered on August 25, 2017]. That notice dated August 23, 2017
stated that due to briefing schedule change; based order granted on August
11, 2017 to extend to file her brief for another seven days. Appellant
needed to know this information since her FOIA requested documents from
U.S. Department of Education would not arrive by August 28, 2017 due to
reasons that were beyond Appellant’s control. Case Manager stated that her
Appendix is due on September 5, 2017. However, the requested FOIA
documents that she was guaranteed as early as July 19, 2017 were suddenly
“changed” after she had already submitted her brief (See SA-56 to SA-87
and Exhibit 4 and 5). Appellant included the FOIA documents and other
relevant documents in support of her brief with motion for supplement with
addendum on appeal.
(5) On August 28, 2017, Appellant filed her brief with the Court of Appeals of
the 11th circuit (without exact references to the record on appeal).
(6) On the same day her brief was due, August 28, 2017; Per Curiam ruled on
her two motions and denied her motion to supplement record on appeal
which she had requested on June 30, 2017 to be ruled on prior to setting the
briefing schedule. And denied her motion to E-file. Nevertheless, Appellant
did not reference the documents in the motion to supplement record (date of
the motion filed was June 23, 2017) on her initial brief that was submitted
on time on August 28, 2017. The coincidental ruling on that motion to
supplement record on appeal the same day her initial brief was due; which
may have helped Appellant had no bearing on her initial brief.

(7) Appellant submitted a motion to this court on August 30, 2017 for leave to
file corrected brief after the issue surrounding the record and regarding
FOIA requested documents (FOIA Request no. 17-02164-F; until that issue
is resolved; see SA-46-87).
(8) On September 1, 2017; Case Manager returned her Motion to file corrected
brief (Exhibit 2) and stated “it is returned unfiled because it is
unnecessary”. He stated to refile it with the copy of the corrected brief
(Exhibit 3).
(9) The partial of the FOIA documents arrived on August 30, 2017 (Exhibit 4).
Documents that were guaranteed were suddenly changed after she had
already filed her brief, due to potential conflict of interest situation. Due to
the fact sudden change would obstruct justice; appellant included the
relevant documents and the FOIA response documents in as Addendum to
initial brief: Special Appendix as matters of public interest (See Exhibit 4
and Exhibit 5, and SA 56-87).
(10) Appellant filed Appendices (Vol I-XII) and Addendum, Special
Appendices Volumes I-III within seven days of filing her brief on
September 5, 2017 (Exhibit 6).

(11) Appellant submitted a corrected brief in addition to the Appendices
on September 5, 2017 (Exhibit 6).
(12) In creating a new record and index; the previous page numbers
changed. The old page numbers referenced in Initial brief filed on August
28, 2017 are now moot.
(13) The corrected brief contains corrections to the references to the
record and addendum of supplemental documents including the FOIA
requested documents.
(14) The corrected brief also provides further clarification of arguments,
but does not change the argument.
(15) The corrected brief does reference to new record that was newly
available to Appellant after her brief was already filed, i.e. FOIA requested
documents submitted to her after more than 50 days (response time should
have been 20 days). And sudden change after brief was already filed. Due
to this sudden change Appellant amended the brief with good faith further
clarify any misrepresentations or inaccuracies.
Note: The corrected brief has no change to the argument from her initial
brief.
Conclusion
Appellant respectfully request leave to file, in substitution of the opening brief, the
corrected opening brief was submitted to this court on September 5, 2017.
Appellant had intended to file this motion last week; however, Appellant is in
Tampa, FL. And due to Mandatory Evacuation Order for Hurricane Irma;
Appellant has submitted this motion on dated stated below and the corrected brief
on September 5, 2017 with her Appendices with good faith. Appellant has also
provided a copy of the corrected brief and conferred via e-mail with the opposing
counsel on September 6, 2017 informing them regarding this forgoing motion.

Submitted this the 20th day of September 2017.

___________________________
(Signature of Appellant)
4409 West Varn Avenue
Tampa, FL 33616

Nausheen Zainulabeddin v. University of South Florida Board of Trustees
Eleventh Circuit Case No. 17-12376, Case No. 17-11888 and Case No. 17-12134

CERTIFICATE OF INTERESTED PARTIES AND

CORPORATE DISCLOSURE
Pursuant to Eleventh Circuit Rule 26.1, Appellant hereby certifies that following
persons and entities have or may have an interest in the outcome of the case:
Judge:
Moody, James- Trial Judge
Wilson, Thomas- Magistrate Trial Judge
Plaintiff/Appellant:
Zainulabeddin, Nausheen- Pro Se
Defendant/Appellee:
University of South Florida, Morsani College of Medicine Board of Trustees
Adamchak, Joanne
Bognar, Bryan, MD, MPH
Burford, Roberta
Cook, Marissa
Brownlee, James, Jr., MD
Deschenes, Robert, PhD
Estevez, Michelle, MD
Klasko, Stephen, MD, MBA
Kumar, Ambuj, MD
C-1 of 5

Kumar, Mudra, MD
Liggett, Stephen, MD
Lockwood, Charles, MD
Loveren, Harry Van, MD
Lynch, Catherine, MD
Marty, Phillip, PhD
Monroe, Alicia, MD
Roth, Debohrah, MD
Schultz, Daniel
Sinnott, John, MD
Skalkos, Olga, PhD
Specter, Steven, PhD
Stevenson, Frazier, MD
Stock, Sandra, MD
Valeriano, Joanne, MD
Zwygart, Kira, MD
USF Counseling Center
University of South Florida Morsani College of Medicine
C-2 of 5

Attorneys and Law Firms Representing Defendant/Appelle:
Constangy Brooks Smith & Prophete, LLP
Dickinson, John. - Attorney representing Defendant/Appellee
Mans, Lori. Attorney representing Defendant/Appellee
Financial Interest
Aga Khan Education Board: Tuition Reimbursement
Khawaja, Jalalluddin- Plaintiff’s Parent- Debt repayment + collateral damages
U.S. Department of Education, Federal Student Loan Servicing
Zainulabeddin, Anushah- Plaintiff’s sibling: collateral damages
Zainulabeddin, Mohammed- Plaintiff’s sibling: collateral damages
Zainulabeddin Yasmin-Plaintiff’s Parent-- Debt repayment + collateral damages
Other Interest:
United States Court of Appeals of Federal Circuit
Office of Civil Rights, U.S. Department of Education, Atlanta, GA Office.
Calloway-Spenser, Ebony- OCR Compliance Team Leader
Chen, Martin- OCR Investigator
Manigault, Arthur: OCR Compliance Team Leader
Pessin, Stephanie: OCR Investigator
Pierre, Cynthia: OCR office Director
Sausser, Scott, OCR Compliance Team Leader
C-3 of 5

Shields, Dorris: OCR Assistant Director
Velez, Melanie: OCR office Director
Washington, Brandon: OCR Investigator
DATED this 11 day of September, 2017
___________________________ __________________________
(Date Signed) (Signature of appellant)
Tampa, FL 33616
C-4 of 5

CERTIFICATE OF SERVICE
I hereby certify that on September 11, 2017, I filed the forgoing document with
the clerk of the court, which will send a notice to all attorneys of record.
_________________________ ____________________
Date Signature
C-5 of 5
CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT,
TYPEFACE REQUIREMENTS, AND TYPE-STYLE REQUIREMENTS
Check the appropriate box in section 1, and check the box in section 2.
1. Type-Volume
□ This document complies with the word limit of FRAP [27(d)(2)(A)]

because, excluding the parts of the document exempted by FRAP 32(f) and
[insert applicable Rule citation, if any] , this document contains
[state the number of]1090words.
or
□ This brief complies with the line limit of FRAP [insert Rule citation] because,
excluding the parts of the brief exempted by FRAP 32(f) and
[insert applicable Rule citation, if any] , this brief uses a monospaced
typeface and contains [state the number of] lines of text.
2. Typeface and Type-Style
□ This document complies with the typeface requirements of FRAP 32(a)(5) and the
type-style requirements of FRAP 32(a)(6).
Appellant: Nausheen Zainulabeddin

(s)_____________________________
Pro Se
Attorney for ____________________
September 11, 2017

Dated: _________________________

Rev.: 12/16
U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
vs. USF BOT Appeal No.
17-12134, 17-11888, 17-12376
FRAP 25(b) through (d) (see reverse) requires that at or before the time of filing a paper,
a party must serve a copy on the other parties to the appeal or review. In addition, the
person who made service must certify that the other parties have been served, indicating
the date and manner of service, the names of the persons served, and their addresses.
You may use this form to fulfill this requirement. Please type or print legibly.
I hereby certify that on (date)

September 11, 2017 ,
MOTION TO FILE CORRECTED BRIEF FILED ON SEPTEMBER 5, 2017
a true and correct copy of the foregoing (title of filing) ,
with first class postage prepaid, has been (check one)
G deposited in the U.S. Mail G deposited in the prison’s

internal mailing system
and properly addressed to the persons whose names and addresses are listed below:
filed with the clerk of the USCA 11th circuit

and served a paper copy to attorneys on record
Ms. Lori Mans and Mr. John Dickinson
200 West Forsyth Street
Suite 1700 Jacksonville, FL 32202-4317
Your Name (please print) Your Signature
Please complete and attach this form to the original document and to any copies you are
filing with the court, and to all copies you are serving on other parties to the appeal.
EXHIBIT 1
_________________________________________________________

_______________________________________________________
APPELLANT
v.

APPELLEE
_________________________________________________________
NOTICE FOR RECORD:

PURSUANT TO BRIEFING SCHEDULE EXTENSION ON GRANTED ON
AUGUST 11, 2017
APPENDIX
FILING DATE ON SEPTEMBER 5, 2017
____________________________________________________
APPELLANT
4730 South Woodlawn Ave. Apt 3D
Chicago, IL 60615
Pro Se
August 23, 2017

Case No. 17-11888

Case No. 17-12134
Case No. 17-12376
Appellant,
versus

Appellee(s)
NOTICE FOR RECORD:

EXTENSION OF TIME TO FILE APPENDIX
FOR SEVEN DAYS AFTER SUBMITTING BRIEF
APPENDIX DUE SEPTEMBER 5, 2017
COMES NOW, Nausheen Zainulabeddin, Pro Se Appellant notifies the court in
the above captioned proceedings, to have on record as per USCA 11th circuit local rules
of 26(b) that as per conferring with USCA Case Manager, Joe Caruso on 8/22/17.
Appellant’s briefing schedule which includes due date of brief and and appendix were
both extended seven days. Her brief due date is August 28, 2017 and her Appendix is due
seven days from filing her brief., i.e. September 5, 2017.
Case Manager Ph. Call on 8/22/17
Appellant spoke on the telephone to USCA 11th circuit, Case Manager Joe Caruso
on August 22, 2017 at 1:42 p.m. CST (duration of phone call: 2 minutes); regarding
- 2 -
clarification of filing brief and Appendix. Appellant was not sure if she had been granted
extension for her brief only or if the briefing schedule had been shifted including the the
due date of the Appendix. Appellant needed the clarification, because the order dated
August 11, 2017; stated that the extension was granted to file brief for August 28, 2017.
However, it did not specify if it applied to the Appendix.
FIOA Request for USCA 11th Circuit Appeal 17-12134
Appellant stated to Case Manager, Mr. Caruso; that she initially planned on filing
her appeal and appendix the same day, i.e. August 28, 2017 as per Movant statement in
the Motion for Extension to File Brief of seven days, dated August 9, 2017. However, the
same day Mr. Caruso granted her extension to file her brief on August 11, 2017;
Appellant also received a letter from U.S. Department of Education, Office of
Management, Office of the Chief Privacy Officer that her FIOA waiver request for
documents that are relevant to her USCA 11th circuit Appeal no. 17-12134 has been
granted (Exhibit 1). Appellant stated that similar documents have been filed in this court
in the Motion to Supplement Record on Appeal, however that motion is pending.
Appellant is unable to use those record on her appeal if her Appendix is also due on
August 28, 2017; which completes the record of an issue that was raised in Motion for
Reconsideration at the district court.
FIOA Requested Documents: De Novo Review
The documents are of critical importance to her appeal pursuant to her FIOA
request because it addresses the issue of reviewing her appeal; de novo under the pure
- 3 -
law exception with constitutional provision and statute to be heard on review. See Belloti
v. Baird, 428 U.S. 132, 143 n.10(1976) (purely legal issue of federal abstention may be
raised for the first time on appeal); National Advertising Co. v. City of Rolling Meadows,
789 F. 2d. 571, 574-75 (7th Cir. 1986) (case disposed of on new legal issue to avoid
deciding constitutional issue); Higginbothan v. Ford Motor Co., 540 F. 2d 762, 768 n. 10
(5th Cir. 1976) (new argument based on state wrongful death statute considered on appeal
where purely legal question raised).
FIOA Request: Public Interest
The issue is also of strong public interest as the record of concern and disclosure
of the government will likely contribute to an increased public interest understanding of
those operations or activities. The information disclosed from her FIOA request will be
disclosed as new and clearly supports the public oversight of Agency operations,
including the quality of Agency activities and the effect of policy and regulations on
public health and safety, and confirms or clarifies data on past or present operations of
agencies (Exhibit 1).
FIOA Request: OCR Dept. of Ed. & USCA 11th circuit Case no. 17-12134
Appellant submitted a FIOA request on July 11, 2017 for her OCR Case no. 04-
14-2321 and 04-14-2487 [relevant documents were included in her Motion for
Reconsideration at the district court for the judge to review and noted in foot note and
body of the order dated May 3, 2017, USCA 11th circuit Appeal 17-12134]. Appellant
received a letter of acknowledgement from U.S. Department of Education, Office of
- 4 -
Chief Privacy Officer on July 12, 2017 indicating her FOIA Request no. 17-02164-F.
(Exhibit 2).
As indicated in the FIOA correspondence dated July 12, 2017 in Exhibit 2;
Appellant received a phone call from the assigned investigator for clarification of the
requested documents from her case OCR Case No. 04-14-2487 on July 19, 2017. She
stated via phone call and also via e-mail the same day; she is requested all documents in
agency’s possession to be sent to her.
FIOA Request Waiver Granted August 11, 2017
Appellant received her a letter from U.S. Department of Education, Office of
Chief Privacy Officer on August 11, 2017 granting her waiver for her FIOA Request no.
17-02164-F. Appellant submitted a second reminder that her FIOA request submitted was
an emergency request on July 11, 2017 and again reminded via e-mail on August 22,
2017. Since she has not received the documents from Office of Civil Rights of Atlanta
and it has been over a month since her request. She also shared that this is a time
sensitive/emergency request for her FIOA request for documents (paper copy) to be
mailed to her Tampa address by August 30, 2017 (Exhibit 4).
Authority: 5 U.S.C. 552a and implementing regulations in 34 CFR part 5b
Pursuant to 5 U.S.C 552(1), 20 U.S.C 3474, and its implementing regulations 34
CFR part 5b; Subpart B-Agency Records to the Public, C.F.R. 5.21 (c) and (d):
Procedures for processing FOIA request. Appellant received a decision on her FOIA
Request of her waiver, beyond the 20-day period, i.e. August 11, 2017 (submitted July
- 5 -
11, 2017). She did not receive a formal notice of extension from OCR Agent, Ms. Pessin
FOIA, however, she was stated that her records were CFR 5.21 (e)(2), “processing
voluminous agency records”. However, Appellant with good faith gave double the time,
i.e. 41 days since her FIOA request; for processing and mailing the records. Appellant e-
mailed the assigned DOE OCR investigator, Ms. Pessin, on August 22 and August 23,
2017; and cc: ED FOIA Manager, FOIA Public Liaison, Robert Wehausen, and Elise
Cook, Government Information Specialist at the FOIA Service Center to expedite the
processing of her FIOA request as stated in her initial FIOA request and waiver which
was granted based on merits of the case and respect to public interest. Ms. Pessin
confirmed via e-mail on August 23, 2017 at 12:39 PM CST that the documents requested
pursuant to FIOA request will be mailed to the Appellant (Exhibit 5).
Briefing Schedule Shifted
Appellant relayed this information to Case Manager, Mr. Caruso and he further
clarified to her via telephone conversation that her Appendix is due by default on
September 5, 2017. Her extension for filing her brief was granted to be filed on August
28, 2017. Hence, due to briefing schedule that has been shifted; her Appendix will be due
seven days from filing her brief, i.e. September 5, 2017. Therefore, Appellant is notifying
to the court that Appellant will be submitting the Appendix on September 5, 2017. And
brief will be submitted on August 28, 2017 as per extension granted and forgoing reasons
stated above. Appellant has notified this information to the opposing counsel.
Dated this day, August 23, 2017
- 6 -
_________________________ _______________________
(Date) (Signature of Appellant)
Tampa, FL 33616
- 7 -
EXHIBIT 2
Case: 17-11888 Date Filed: 09/01/2017 Page: 1 of 36


APPELLANT
V.

APPELLEE
MOTION TO CORRECT APPELLANT BRIEF

BY SEPTEMBER 5,2017
UNOPPOSED MOTION
APPELLANT
4730 South Woodiawn Ave. Apt 3D
Chicago, IL 60615
nausheenkhawaja@gmaiLcom
ProSe
August 30,2017

Case No. 17-11888

Case No. 17-12134
Case No. 17-12376
Appellant,
versus
UNIVERSITY OF SOUTH FLORIDA,BOARD OF TRUSTEES

Appellee(s)
UNOPPOSED MOTION
BY SEPTEMBER 5,2017
COMES NOW,Nausheen Zainulabeddin,Pro Se Appellant moves the
court in the above captioned proceedings, to request the honorable court
pursuant to USCA 1 circuit local rules and FRAP 27-l(C¥3)to make
corrections in briefs filed at this court for a situation that was beyond
Appellant's control and unforeseeable. Appellant has been resolving this
situation with good faith with the headquarters ofFOIA request center and
the U.S. Department ofEducation, Office of Civil Rights of Atlanta
regarding this situation. In fact. Appellant asked ifthe OCR of Atlanta can
provide her a letter to provide to this court regarding a situation in which can
lead to irreparable harm to Appellant. Appellant without the FOIA Response
was unable to cite her facts without all ofthe documents in her possession.
Hence, she cited the documents based on judgement of what will be in her
FOIA response when it arrives on September 1,2017[Exhibit 1].
UNEXPECTED SITUATION BEYOND
APPELLANT'S CONTROL
Appellant filed her FOIA request on July 11,2017(Exhibit 6).
Pursuant to 5 U.S.C 552(al 20 U.S.C 3474 the decisions for FIOA request
are made within 20 days. Ifthe Department needs an extension; then the
FOIA Requester is given a notice Appellant received an approval of her
FOIA request on August 11,2017(Exhibit 4). She contacted the agency
regarding her request and was in constant communication, especially
towards the due date of her Appeal since she was stated it would be e-mailed
to her(Exhibit 5). However,few days before the Appeal was due; the
assigned investigator for her OCR Case 04-14-2487; which investigated
Univ. South Florida regarding the allegations that are in this suit(from
September 25,2014 to Feb 9,2015); stated to her FOIA request will be

mailed to her and not e-mailed (Exhibit 3). This would cause additional
delay and Appellant did not know it will not be delivered electronically. The
assigned investigator stated this to her on August 23,2017. And she was
informed that it will be delivered on September 1,2017. Appellant could not
have expected this sudden change (Exhibit 3).
FOIA HEADQUARTERS
Appellant called U.S. Department ofEducation headquarters, FOIA
Service Center. Appellant spoke to ED FOIA Manager, Mrs. Jones who
stated she will contact her supervisor regarding addressing this urgent matter
(Exhibit 3). Appellant stated to Mrs. Jones that she had been placed in a very
difficult situation. She did not want to cause any trouble; hence, worked
pleasantly with appropriate entities. However, without her FOIA response
beyond the "double" of20-day response time (i.e. 45 days). And her appeal
due in two days places her in a very difficult situation. Appellant stated if
she was potentially stone walled; and a victim ofa conflict ofinterest
situation. Mrs. Jones stated that FOIA request center will contact the OCR
Atlanta office regarding her FOIA response documents which are qualified
for "waiver" and necessary for the legal issue in her brief(Exhibit 3).
LETTER DELIVERED BY
SENIOR ATTORNEY OF OCR OF ATLANTA
Senior Attorney of Office of Civil Rights of Atlanta from U.S.
Department ofEducation, Mr. Phil Weltner delivered her via e-mail with
attachment ofa letter from the FOIA manager, Mrs. Wendy Gatlin and OCR
of Atlanta, Office Director, Mrs. Melanie Velez; stating that her FOIA
response will be delivered to her on September 1,2017(Exhibit 3). She had
stated to FOIA Manager that she needed a letter to present to the court
regarding this issue since it was beyond her control. Appellant, could not
cite the facts and documents without all ofthe documents in her possessions.
The documents as per letter will be delivered to her on September 1,2017
(Exhibit 1).
INFORMED
The opposing counsel [via e-mail communication] and case manager
of her case on August 25,2017 via telephone conversation has been fiilly
informed regarding this dilemma. Appellant also informed USCA 11^
circuit clerk in the morning of Tuesday, August 29,2017. The clerk on

August 29,2017 stated to Appellant to submit a motion to correct the
Appellant brieffor a formal approval.
FRAP32.1(0(2)
Appellant pleas the honorable court if she can file the the corrected
brief with appropriate citations and any typological errors necessary by
September 5,2017. Appellant plans to submit the addendum and FIOA
waiver documents as "Special Appendix", Appellant has informed the
opposing counsel ofthe documents and that they will be included in the
Appendix and the [Addendum,i.e. "Special Appendix"] pursuant to FRAP
32.1 (c)(2)as Case Manager, Joe Caruso had instructed on August 25,2017.
Appellant could not do that for this brief; because after she got offthe
phone with Mr. Caruso on August 25,2017 at 12:45 p.m. CST. She received
an e-mail from OCR of Atlanta Senior Attorney around 4:20 p.m. CST (after
court has closed since it is 5:20 p.m. CST)regarding the dilemma of her
FOIA Response and that they will be delivered to her [i.e. September 1,
2017].
FOIA RESPONSE TIME:20 DAYS
ITHASBEEN[>4S DAYS], YET GOOD FAITHEFFORTS
As per FOIA Request policies 5 U.S.C 552(a). 20 U.S.C 3474: e-CFR
5.21(c); the documents should have been delivered to her by July 31,2017
or August 1,2017[20 days]. However, due to a conflict of interest situation;
which the Education Department FOIA Manager had to step in to resolve the
matter on August 25,2017; Appellant could not foresee that she will placed
in this unfortunate situation at the last minute. OCR assigned investigator,
who had in her possession of all the documents; stated to Appellant that her
FOIA response will be sent to her electronically. However,there was
"unknown sudden situation" beyond Appellant's control [Exhibit 2]. See e-
mail to Mrs. Jones on August 25,2017.
Regardless ofthe situation; Appellant has been cooperative with OCR
of Atlanta and FOIA Service Headquarters. She repeatedly stated that she
only wants the problem resolved. As per FOIA regulations; ifFOIA request
has not been addressed within 20 days; one can file a lawsuit to the district
court; due to collateral matters related to litigation. However,Appellant has

been working with good faith and negotiation with appropriate entities to
resolve the matter. She does not want to make matters more complex.
CONCLUSION
Hence, Appellant is requesting this honorable court to please accept
her humble plea to allow her to file amended [corrected brief] with her
Appendix on September 5,2017.
Exhibit# Document
1 U.S. DOE OCR of Atlanta, Senior Attorney delivery of the letter
from U.S. Dept. of Education dated August 25, 2017 regarding
FOIA Request documents mailed September 1, 2017.
2 Status of FOIA Request No. 17-02164-F at
httDs://www2.ed.eov/Dolicv/een/lee/foia/reauest-status-
loa.odf
3 Urgent Email to FOIA Manager, Ms.Jones regarding urgent
communication with FOIA Supervisor on August 25, 2017
[Conflict of Interest Situation]
4 FOIA Waiver request Decision dated August 11, 2017
5 E-mail Exchange between Telephone conversation with OCR of
Atlanta regarding FOIA request on July 19, 2017
6 FOIA Request e-mail of acknowledgement on July 12, 2017.
Dated this day August 30,2017.

A-^ 30, "2^ it / 11

(Signature of Appellant)
4409 West Vam Avenue
Tampa,FL 33616
nausheenkhawaia@gmail.com
Nausheen Zainulabeddin v. University of South Florida Board ofTrustees

CERTIFICATE OF INTERESTED PARTIES AND

CORPORATE DISCLOSURE
Pursuant to Eleventh Circuit Rule 26.1, Appellant hereby certifies that following
persons and entities have or may have an interest in the outcome ofthe case:
Judge:
Moody,James- Trial Judge
Wilson, Thomas- Magistrate Trial Judge
PlaintiffiÂppellant:
Zainulabeddin, Nausheen- Pro Se
Defendant/Appellee:
University of South Florida, Morsani College of Medicine Board of Trustees
Adamchak,Joanne
Bognar, Bryan, MD,MPH
Burford, Roberta
Cook, Marissa
Brownlee,James, Jr., MD
Deschenes,Robert,PhD
Estevez, Michelle, MD
Klasko, Stephen, MD,MBA
Kumar, Ambuj, MD
C-1 of5

Kumar, Mudra, MD
Liggett, Stephen, MD
Lockwood, Charles, MD
Loveren, Harry Van, MD
Lynch, Catherine, MD
Marty,Phillip, PhD
Monroe, Alicia, MD
Roth, Debohrah, MD
Schultz, Daniel
Sinnott, John, MD
Skalkos, Olga,PhD
Specter, Steven,PhD
Stevenson, Frazier, MD
Stock, Sandra, MD
Valeriano, Joanne, MD
Zwygart, Kira, MD
USF Counseling Center
University of South Florida Morsani College of Medicine
C-2of5
Nausheen Zainulabeddin v. University of South Florida Board ofTrustees

Attorneys and Law Firms Representing Defendant/Appelle;
Constangy Brooks Smith & Prophete, LLP
Dickinson, John. - Attorney representing Defendant/Appellee
Mans, Lori. Attorney representing Defendant/Appellee
Financial Interest
Aga Khan Education Board; Tuition Reimbursement
Khawaja, Jalalluddin- Plaintiffs Parent- Debt repayment + collateral damages
U.S. Department of Education, Federal Student Loan Servicing
Zainulabeddin, Anushah- Plaintiffs sibling: collateral damages
Zainulabeddin, Mohammed- Plaintiffs sibling: collateral damages
Zainulabeddin Yasmin-Plaintiffs Parent- Debt repayment + collateral damages
Other Interest;
United States Court of Appeals ofFederal Circuit
Office of Civil Rights, U.S. Department of Education, Atlanta, GA Office.
Calloway-Spenser, Ebony- OCR Compliance Team Leader
Chen, Martin- OCR Investigator
Manigault, Arthur: OCR Compliance Team Leader
Pessin, Stephanie: OCR Investigator
Pierre, Cynthia: OCR office Director
Sausser, Scott, OCR Compliance Team Leader
C-3 of5
Shields, Dorris: OCR Assistant Director
Velez, Melanie: OCR office Director
Washington, Brandon: OCR Investigator
DATED this 30 day of August ,2017
20
(Date Signed) (Signature of appellant)
4409 West Vam Avenue
Tampa,FL 33616
nausheenkhawaia@gmail.com
C-4of5
CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT,

TYPEFACE REQUIREMENTS,AND TYPE-STYLE REQUIREMENTS
Check the appropriate box in section 7, and check the box in section 2.
1. Type-Volume
This document complies with the word limit nfFRAP P^(^)(^)(^)l

because, excluding the parts of the document exempted by FRAP 32(f) and
[insert i^jplicable Rule citation, if any] this doCUment COntainS
[state the number oi 304^^
or
This brief complies with the line limit of FRAP [insert Rule citation] because,
excluding the parts of the brief exempted by FRAP 32(f) and
[insert applicable Rule citation, if any] ^ this brief USeS a monOSpaced
typeface and contains [state the number of] lines of text.
2. Typeface and Type-Style
0 This document complies with the typeface requirements of FRAP 32(a)(5) and the
type-style requirements of FRAP 32(a)(6).
(s) Appellant; Nausheen Zainulabeddin

x\litomev for
August 30, 2017
UNOPPOSED MOTION
BY SEPTEMBER 5,2017
Rev.: 12/16
U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Nausheen Zainulabeddin vs.

USF BOT
1
a
Appeal No.
1712134.17-11888.17-12376
ERA? 25(b)through (d)(see reverse) requires that at or before the time of filing a paper,
a party must serve a copy on the other parties to the appeal or review. In addition, the
person who made service must certify that the other parties have been served,indicating
the date and manner of service, the names of the persons served, and their addresses.
You may use this form to fulfill this requirement. Please type or print legibly.
I hereby certify that on (date) August 30, 2017

a true and correct copy ofthe foregoing (title of filing)
with first class postage prepaid, has been (check one)
0deposited in the U.S. Mail deposited in the prison's

internal mailing system
and properly addressed to the persons whose names and addresses are listed below:
filed with the clerk of the USCA 11th circuit

and served a paper copy to attorneys on record
Ms. Lori Mans and Mr. John Dickinson
200 West Forsyth Street
Suite 1700 Jacksonville, PL 32202-4317
Your Name (please print) Your Signature
Please complete and attach this form to the original document and to any copies you are
filing with the court, and to all copies you are serving on other parties to the appeal.
EXHIBIT 1
UNITED STATES DEPARTMENT OF EDUCATION region rv

OFFICE FOR CIVIL RIGHTS, REGION IV ALAHAStA
FLORIDA
CLORGIA
61 l-ORSYTH ST.. SOUTHWl-ST. SUITU I'^TIO TENNESSEE
ATLANTA. GA .^0.10.1-8927
August 25, 20i7
VIA ELECTRONIC MAIL:

naushecnkhawaia@gmail.com
Ms. Nausheen Zainulabeddin
Re: FOIA Request #17-02164-F
Dear Ms. Zainulabeddin:
On July 12, 2017, the U.S. Department of Education (Department), Office for Civil Rights
(OCR),received your written request for information under the Freedom of Information
Act (FOIA),5 U.S.C. Section 552 and its implementing regulation,34 C.F.R. Part 5. You
requested "[a]ll documents for the OCR Case No. 04-14-2421 and OCR Case No.04-14-
2487." During a telephone call with OCR on July 19, 2017, you clarified that you arc
requesting all documents for OCR case number 04-14-2321, not 04-14-2421,as misidentified
in your FOIA request. In addition, pursuant to numerous electronic communications, you
have also requested all documents that you submitted in support of your complaints, which
includes 11 binders, as well as the information contained on a thumb drive. You also
requested that OCR's response to your FOIA request be provided in paper.
With regard to your request for the thumb drive, because OCR is precluded from plugging in any
outside device on a Department computer,OCR has initiated contact with our information
technology specialists to inquire as to how the information can be provided to you. OCR will
notify you promptly of how this information can be provided upon receiving a response from.
Your request includes more than 300 pages of documents from your two case files. Those
documents have been redacted under the applicable FOIA exemptions and are being reviewed
for accuracy. OCR anticipates that you should receive a compact disc containing the response to
your FOIA request, along with courtesy copies of the 11 bound materials, by September 1, 2017.
There will be no charge for this information.
This is the Department's initial determination regarding your request. Please note that this
detennination is based on information available to the Department at this time. The precise
scope of the Department's determination may change as we continue to process your request.
We endeavor to process your request as promptly as possible.
You have the right to seek assistance and/or dispute resolution services from the Department's
FOIA Public Liaison or the Office of Government Information Services(OGIS). The FOIA
Public Liaison is responsible, among other duties, for assisting in the resolution of FOIA
disputes. OGIS, which is outside the Department of Education, offers mediation services to
EXHIBIT 1,PAGE 1 OF 5
FOIA Request 17-02I64-F Page 2
resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to
appeals or litigation. The contact information is as follows:
Mail FOIA Public Liaison Office of Government Information Services

Office of the Chief Privacy Officer National Archives and Records Administration
U.S. Department of Education 8601 Adelphi Road
400 Maryland Ave.,SW,LBJ 2E321 College Park, MD 20740-600!
Washington, DC 20202-4536
E-mail robert.weliauscn@ed.gov OGlS@nara.gov
Phone 202-205-0733 202-741-5770; toll free at 1-877-684-6448
Fax 202-401-0920 202-741-5769
Lastly, you have the right to appeal this determination. You must submit any appeal within 90
calendar days after the date of this letter. Using the services described above does not affect
your right, or the deadline, to pursue an appeal. An appeal must be in writing and must include a
detailed statement ofall legal and factual bases for the appeal; it should be accompanied by a
copy of this letter, the initial letter of request, and any documentation that serves as evidence or
supports the argument you wish the Department to consider in resolving your appeal.
Appeals may be submitted using the on-line form available at
www.cd.uov/policv/gen/ieu/foiayfoia-aDpcal-form.pdf.
Appeals can also be submitted by:
E-mail: EDF01AanDeals@ed.gov
Fax: 202-401-0920
Mail: Appeals Office
Office of the Chief Privacy Officer
U.S. Department of Education
400 Maryland Avenue, SW, LBJ 2W218-52
Washington, DC 20202-4536
1fyou require further information, please contact Wendy Gatlin, FOIA Manager,at(404)974-
9356.
Sincerely,
'QUUJ>
Melanie Velez
Regional Director
8/30/2017 Case: 17-11888 Date Filed:
Gmail - FOIA09/01/2017
Request #17-02164-F Page: 19 of 36
M Gmail Nausheen Zainulabeddin <nausheenkhawaja@gmall.com>

FOIA Request #17-02164-F
4 messages
Weltner, Phil <Phit.Weltner@ed.gov> Fri, Aug 25,2017 at 4:19 PM

To:"nausheenkhawaja@gmail.com" <nausheenkhawaja@gmail.Gom>
Attached please find a letter of determination regarding your request filed under the Freedom of Information Act on July
12. 2017.
Sincerely,
Philip Weltner
Senior Attorney
Office for Civil Rights
61 Forsyth Street, 19T10
Atlanta, Georgia 30303
404-974-9402
phil.weltner@ ed.gov,
^ FOIA#17-O2164-F.pdf
"612K
Nausheen Zainulabeddin <nausheenkhawaja@gmail.com> Fri, Aug 25, 2017 at 4:29 PM

To: "Weltner, Phil" <Phil.Weltner@ed.gov>
Dear Mr. Weltner,
Can you please ensure to send the response to FiOA request to the following address:
haps://mail.google.coin/mail/u/0/?ui=2&ik=b26971b2b0&jsvei=PXlY7GgZjW4.en.&view=pt&search=inbox&Ui=15e2eadf27ccI33c&sinil=15elb43dcd8a9(r76&si... 1/3
8/30/2017 Case: 17-11888 Date Filed: 09/01/2017
Gmaa-FOIA Request #I7-02164-F Page: 20 of 36
Thank you,
[Quoted te>ct hidden]
Weltner, Phil <Phil.Wettner@ed.gov> Fri, Aug 25, 2017 at 4:30 PM

To: Nausheen Zainulabeddin <nausheenkhawaja@gmail.com>
Certainly. I will forward this to Ms. Gatlin.
Philip Weltner
Senior Attorney
61 Forsyth Street, 19T10
404-974-9402
phil.weltner@ ed.gov.
From: Nausheen Zainulabeddin [mailto:nausheenkhawaja@gmail.com]

Sent: Friday, August 25, 2017 5:29 PM
To: Weltner, Phil
Subject: Re: FOIA Request #17-02164-F
[Quoted text hidden]
Nausheen Zainulabeddin <nausheenkhav^ja@gmail.com> Tue, Aug 29, 2017 at 10:48 AM

To: "Weltner. Phil" <Phil.Weltner@ed.gov>, "Jones, Kim" <EDFOIAManager@ed.gov>
Thank you, Mr. Weltner,
Is it possible for you to email me once the documents have been sent outfrom your office? And If there is a
postal service tracking number? The letter states that I should expect the documents on September 1, 2017.
I submitted my brief to the court yesterday. And I made references to FlOA response documents that I had requested (w/o
page numbers, which is required). Hence, I planned on submitting a motion for corrections.
From my understanding, 1 cannot "pick and chose" what documents to Inciude from the FlOA response. By law, I have to
forward exactly what and how it is presented to me. Since it is in the public interest. It would be a conflict of interest
situation; if I pick and chose the documents.
haps://mail.goo|le.coin/mail/u/0/?ui=2&ik=b26971b2b0&jsver=PXlY7GgZjW4.en.&view=pt&search=iiibo*«&tb=15e2eadf27ccl33c&sinU=15elb43dcd8a9d76&si... 2/3
8/30/2017 Case: 17-11888 Date Filed:
Gmail - FOIA09/01/2017
Request #17-02164-F Page: 21 of 36
Hence, I cannot reasonably know what are the page numbers of the FlOA Response If I do not have It In my possession.
Due to that, I will have to request a motion for corrections of my brief to the USCA 11th circuit; to include page numbers
once I receive it for the documents I am referring to.
Due to the time sensitive nature of the issues which relate to matters of litigation; it is very important for me to know that
my FlOA Response is on its way. So if there is any delay; I can notify the court with respect to the brief and the appendix.
I would truly appreciate if you can give me heads up once the documents are sent out to the address stated earlier:
4409 West Vam Ave.
Tampa, FL 33616
https://maiLgoogle.com/mail/u/0/?ai=2&ik=b26971b2bO&jsvep=PXlY7GgZjW4.en.&view=pt&search=dnbox&th=lSe2eadt27ccl33c&siml=15elb43dcd8a9d76&si... 3/3
EXHIBIT 2
Request Status Log

Current Log - FY2017

STATUS OF ALL FY2017 FOIA REQUESTS
AND
ALL OPEN REQUESTS FOR PRIOR YEARS AS OF 8/11/17
For more information, please contact
FOIA Service Center
(202)401-8365
E-mail: EDFOtAMANAGER@ED.GOV
iden n Click enter.
LEGEND
REQUESTING FEEDBACK: Seeking answers to specific questions or clarificatfon from the requester when the request is unclear
CONDUCTING SEARCH: Searching ali sources within the department likely to contain responsive records
REVIEWING RECORDS: Determining when the records located and/or deemed to be responsive are releasable in part
PROCESSING REQUEST: Preparing on interim and/or final response to send to the requester
REQUEST ID KEY
FOIA Freedom of Information Act request Example:17-002SO-F
Privacy Act Privacy Act request. Example: 17-00121-PA
FOIA-PA' Freedom of information Act request Example: 17-00789-f-PA
10-0I748-F 7/26/2010 8/7/2017 Closed
11-00590-F 1/3/2011 - Revictviug Records

12-01473-F 6/6/2012 6/7/2017 Closed
12-01478-F 6/8/2012 6/8/2017 Closed
12-01519.F 6/14/2012 6/7/2017 Closed
13-00756.F 2/4/2013 6/22/2017 Closed
13-01124-F 3/28/2013 - Cooducting Search

13-01194-F 4/5/2013 8/10/2017 Closed
13.01232-F 4/8/2013 6/22/2017 Closed
13-01313-F 4/22/2013 6/22/2017 Closed
13-01581-F 5/31/2013 7/25/2017 Closed
13-01760-F 6/25/2013 - Reviewing Records

13-01900-F 7/11/2013 - Conducting Search
13-01913-F 7/15/2013 8/3/2017 Closed
13-01934-F 7/15/2013 6/22/2017 Closed

I3-02043.F 8/5/2013 - Conducting Search
Request Status Log

Current Log - FY2017
17-02151.F 7/10/2017 C(»doctiDg Search

17-02152-F 7/10/2017 8/7/2017 Closed
17-02152-F 7/10/2017 8/7/2017 Closed
17-02152-F 7/10/2017 8/7/2017 Closed
17-02153-F 7/10/2017 8/2/2017 Closed
17-02153-F 7/10/2017 8/2/2017 Closed
17.02153-F 7/10/2017 8/2/2017 Closed

17-02154.F 7/10/2017 - Conducting Search
17-02157-F 7/11/2017 7/18/2017 Closed
17-02157-F 7/11/2017 7/18/2017 Closed
17-02157-F 7/11/2017 7/18/2017 Closed
17-02158-F 7/11/2017 8/7/2017 Closed

17-02158-F 7/11/2017 8/7/2017 Closed
17.02158-F 7/11/2017 8/7/2017 Closed

I 17-02164-F
17-02165.F
7/12/2017
7/12/2017
-
8/2/2017
Reviewing Records
Closed
1
17-02165-F 7/12/2017 8/2/2017 Closed
17-02166.F 7/12/2017 - Reviewing Records

17.02167.F 7/12/2017 - Conducting Search
17-02168-F 7/12/2017 7/13/2017 Closed
17-02168-F 7/12/2017 7/13/2017 Closed

17-02168-F 7/12/2017 7/13/2017 Closed
17.02169-F 7/12/2017 - Conducting Search

17-02170.F 7/12/2017 - Conducting Search
17.02I71.F 7/12/2017 - Reviewing Records
17-02172-F 7/12/2017 7/26/2017 Closed
17-02172-F 7/12/2017 7/26/2017 Closed
17-02172-F 7/12/2017 7/26/2017 Closed
17-02173-F 7/12/2017 - C<mducting Search

17.02174-F 7/12^017 8/7/2017 Closed
17-02174-F 7/12/2017 8/7/2017 Closed
79
EXHIBIT 3
Gmall tl.—l— »..11 ■ > ■ .11
POiA R*quMt 17-02ie4-P Fm Waiver Oetanninstlon

EO FOM Mawew <E0F0(AMmgwO»lg<>v> Frl,Aiig212ai7il 1223PM
TOi NaurhMn Zajnulabeddln <r>auftheefilihswajaQgntfl4DfT9
Cc; EO FOIAUdugw <COFOMMwiieveMew>
Aur email hti been fatwwbe^ la ttw iparopriaa pwOes tar icporue ID your conccni.
ED FOIA Manner
US. Oesanment of Educadon
MUSenfeaCem
<00 Maryiaiid aeanut tW
aoemlU-U
WaoMnftan,DC2B202
FSCHoUne;(202)401-8363
FSCEaa:(202)401-0620
E0F0lAMtnag6i@ad.gov
8/30/2017 Case: 17-11888Gmaii -Date Filed:
FOIA Request 09/01/2017
17-02164-FFee Page: 27 of 36
Waiver Detennination
M Gmail Nausheen Zainulabeddin <nausheenkhawaja@gmail.com>

FOIA Request 17-02164-F Fee Waiver Determination
Nausheen Zainulabeddin <nausheenkhawaja@gmajl.com> Fri, Aug 25, 2017 at 12:06 PM
To: "Jones, Kim" <EDFOIAManager@ed.gov>,"Wehausen, Robert" <robert.wehausen@ed.gov>
FlOA Request Conflict of Interest Situation
Summary for Supervisor of FlOA Request Service Center
Subject: Conflict of Interest Situation with OCR Agent. Ms. Stephanie Pessin for OCR Case no. 04-14-2487
URGENT
Dear FlOA Request Manager and Supervisor,
My name is Nausheen Zainulabeddin, I spoke on the phone with Mrs. Kim Jones, regarding a potential conflict of interest
situation. The OCR of Atlanta, assigned investigator for OCR Case no. 04-14-2487 is handling my FlOA Request. She is
also an entity who I am filing a complaint against as matters of litigation and is of "substantial public interest". Due to the
fact, she had intentionally mishandled my OCR complaint 04-14-2487 for a potential conflict of interest situation (please
see attachment. Petition for Panel Rehearing). I stated to Ms. Jones in my telephone conversation today; that requesting
me to handle this matter with the same person who has led to this irreparable collateral damages; is a very difficult
situation. It is common sense; that this person will try to save their Job and will find any excuse to stone wall my request
and ensure she is not exposed for colluding with the defendant. In fact, this is a traumatic very abusive and traumatic
experience and adds additional emotional distress and injury.
I stated to Ms. Jones; that when I filled out my FlOA Request; I did not know I will be forced to speak to the same person
who led to this situation. I had thought this will be handled by FlOA Request Center.
In fact, as per these e-mails, you can see; Ms. PEssin she recently acted similarly and even tried to change the FlOA
request which she stated she will do on July 19,2017. And two days before a brief is due; she tried to find excuses for
unusual delay and tried to change her agreement. And she even said, 1 refrain you from telling "anyone about this
change". Which is an abuse. And when I cc: FlOA Request center; she tried to change her wording and said," all the 11
binders are under FlOA request now,just not redacted". Whereas, before as per e-mails she tried to change it on August
22. 2017, by stating 11 binders are a personal courtesy, and not under FlOA Request (contrary to the statement in an e-
mail dated July 19, 2017).
Despite providing 4-5 e-mails; she has yet to give me a tentative time when my FlOA Request will be handled. And this is
time sensitive matters of litigation and will impose sanctions and lead to collateral delay.
I stated to Mrs. Jones; that I am forced to be placed in a conflict of interest situation by requesting me to contact the office
(OCR Atlanta); when there is substantial proof in my possession that indicate that they had acted with gross negligence,
Intentional discrimination, and collusion (i.e. records retrieved during the discovery phase of trial). And I do have proof
(though not under the FlOA Request waiver)that exposes their operations that are of substantial public interest.
As stated in my FlOA Request; my matters are regarding litigation to USCA FC and USCA 11th circuit. At the USCA FC; I
requested them to review the agency issue and presented my argument. The per curium decided that stated that the
argument has merits, but due to jurisdiction they cannot rule on it; hence, has to go to US Supreme Court; since there are
state and federal matters. Hence, it is evident that the agency problem exists as per USCA Federal Circuit ruling on
Petition for Panel Rehearing. Hence, due to unusual delay by Ms. Pessin; it is evident that she may be mishandling my
FlOA request with a potential conflict of interest situation.
Ms. Jones said she does not know how to handle this situation, which is time sensitive. She stated that she will have to
contact the supervisor in regards to this situation.
Please see attached Affidavit, Petition for Panel Rehearing for the USCA FC and their ruling.
I need the FlOA Request documents by August 30. 2017, for my Appendix for my appeal due at the USCA 11th circuit Is
due by September 5, 2017.
EXHIBIT3,PAGE 2 OF 3
hnps;//mail.google.com/mail/u/0/?ui=2&ik=b26971b2b0&jsvci=PXlY7GgZjW4.en.&view=pl&msg=i5el6c4b91fce8c&searcb=sent&siml=15ela5c4b91fce8c 1/2
8/30/2017 Case: 17-11888Gmaii -Date Filed:
FOIA Request 09/01/2017
17-02164-F Page: 28 of 36
Fee Waiver Determination
Nausheen Zainulabeddin (Khoja)
FlOA Request no, 17-02164-F

3 attachments
^ Petition for Panei Rehearing USCA 17-2083.pdf

"2467K
Affidavit.pdf
^ 2252K
^ Zainuiabeddin v USF Board of Trustees cafc-17-O2083 0034.0.pdf
"80K
EXHIBITS,PAGE 3 OF 3
https://mail.google.com/mai!/u/0/7ui=2&ik=b26971b2b0&jsvep=PXlY7GgZjW4.en.&view=pt&msg=15ela5c4b91fce8c&searcfa=senl&siml=15ela5c4b9Ifce8c 2/2
EXHIBIT 4
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF MANAGEMENT
August 11, 2017

4730 South Woollawn Ave, Apt 3D
Chicago,IL 60615
RE: FOIA Request No. 17-02164-F
This letter is in response to your request dated July 11, 2017, requesting information pursuant to
the Freedom of Information Act(FOIA),5 U.S.C. § 552. Your request was received in this
office on
July 12, 2017. Your request was assigned to the Office for Civil Rights within the Department to
search for documents that may be responsive to your request.
You have asked for a waiver of all fees, including duplication fees, associated with processing
your request based on your requester category as an all other use requester and the information
requested will be disseminated to the public. That request is granted.
You have the right to seek further assistance from the Department's FOIA Public Liaison, Robert
Wehausen. The Department's FOIA Public Liaison can be reached by e-email at
robert.wehausen@ed.gov: by phone at 202-205-0733; by fax at 202-401-0920; or by mail at
Office of the ChiefPrivacy Officer, U.S. Department of Education, 400 Maryland Ave., SW,
LBJ 2W516-58,Washington, DC 20202-4536, Attn: FOIA Public Liaison.
You have the right to seek further assistance from the Department's FOIA Public Liaison, Robert
Wehausen. The Department's FOIA Public Liaison can be reached by:
Mail: FOIA Public Liaison

400 Maryland Ave., SW,LBJ 2W516-58
Washington,DC 20202-4536
E-mail:Robert.Wehausen@ed.gov
Phone: 202-205-0733
Fax: 202-401-0920
400 MARYLAND AYE., S.W., WASHINGTON,DC 20202-4500

www.edgov
The Department ofEdnea&on's mission is to promote student achievement andpreparationforglobal competitiveness by
festering educational excellence and ensuring equal access.
Page 2- Nausheen Zainulabeddin
FOIA Request 17-2164-F
If you have any questions, please contact the FOIA Requester Service Center at(202)401-
8365 or via e-mail at EDFOIAManager@ed.eov.
Sincerely,
Elise Cook
Govemment Information Specialist
FOIA Service Center
400 MARYLAND AYE.,S.W.. WASHINGTON.DC 20202-4500

www.ed.gov
Tkt Department ofEefacation's misdon it to promote student achievement andpreparation for gtebal competitiveHess by
fostering educationaJ exceHence and ensuring equal access.
EXHIBIT 5
8/30/2017 Case: 17-11888 Date
Gmail - Department Filed:FOIA
ofEducation 09/01/2017 Page:
Acknondedgment Letter- 33 of 36
17-02164-F
M Gmail Nausheen Zainulabeddin <nau5heenkhawaja@gmail.com>

Department of Education FOIA Acknowledgment Letter - 17-02164-F
Pessin, Stephanie <Stephanie.Pessin@ed.gov> Wed, Jul 19, 2017 at 1:11 PM
To: Nausheen Zainulabeddin <nausheenl<hawaja@gmail.com>
Thank you for this information. It will take some time for OCR to break down your binders and get all of that
information Into our electronic database. Thus, I will likely send you everything else first electronically, free of charge,
so that you have some documents to proceed, and then get you the binder information shortly thereafter.
Stephanie Pessin
Attorney

61 Forsyth Street, Suite 19T10

(404)974-9343-direct
(404)974-9406 - main
(404) 974-9471 - fax
http:/Avwvv2.ed.gov
From: Nausheen Zainulabeddin [mailto:nausheenkhawaJa@gmaii.oom]

Sent: Wednesday, July 19, 2017 2:07 PM
To: ED FOIA Manager; Pessin, Stephanie
Subject: Re: Department of Education FOIA Acknowledgment Letter - 17-02164-F
FOIA Request No. 17-02164- F
Subject: Ph Call from Ms. Pessin. 7/19/17 at 11 a.m. GST: FOIA Request for OCR Case No.04-14-2487 and 11
binders and Correction
Thank you, Mrs. Pessin for your phone call today July 19, 2017 at 11:00 a.m. CST. In our brief phone call you requested
clarification of the documents required pursuant to FOIA for OCR Case No, 04-14-2487. I stated in our telephone
conversation; that I am requesting all documents on file from the investigative proceedings and appeal for the Case 04-
14-2487.You asked if I wanted the 11 binders that was provided by me to OCR relevant to my case. And in our telephone
conversation; I stated it may not be necessary with the intention to not put burden on the agency. However, to maintain
the integrity of the litigation proceedings; since my FlOA request is a matter of public interest; I v^^nt to correct my
statement and state that I would prefer to have the 11 binders (in addition to all documents that was before the agency) as
my FOIA request. I want to take necessary precaution to preserve the integrity of the OCR investigative proceedings and
ensure that the authentic documente are presented to the court that was before the agency.
https://mail.google.com/mail/u/0/?ui=2&ik=b26971b2b0&jsver=PXlY7GgZpM>eft:<^J|uP&liijjLgdiWbll837d»t^:
v8^0/201? Case: 17-11888 Date
Gmail-Department Filed:FOIA
of Education 09/01/2017 Page:
Acknowledgment Letter- 34 of 36
t7-02164-F
I acknowledge that receiving a paper copy for free of charge would require a waiver. I will speak to FOIA Public Liaison if i
am qualified for the waiver since the information is relevant to the public interest as 1 am proceeding my case in the court
of appeals. I am also proceeding in informa pauperis for my appeal(s). Hence,from my understanding I should qualify for
the waiver. However, sending the documents electronically is also ok; if the waiver has not been granted as of yet.
Again, i wanted to take the time to clarify that I am requesting all documents that are in OCR of Atlanta's possession
(including the 11 bindere) for Case No. 04-14-2487. I want a copy of the authentic documents that was before the agency
to provide to the court with respect to my appeal. Leaving out one component can impede the integrity of the evidence
and documents that was before the agency.
In addition, thank you for correcting that the alternative case that was filed at OCR Atlanta in which I requested a copy of
all documents as well was 04-14-2321 and not 04-14-2421. And I should be expecting a phone call from Claudia in
regards to the clarification.
Thank you for your time,
FOIA Request No. 17-02164- F
On Wed, Jul 12, 2017 at 10:50 AM, Jones, Kim <EDFOIAManager@ed.gov> wrote:
This Is the Department's ackno\Medgment of your request for information pureuant to the Freedom of Information Act
(FOIA), 5 U.S.C.§ 552. Your request was forwarded to the primary responsible office(s)for action.
Any future correspondence or questions regarding your request, please contact the FOIA Public Liaison at 202-401-8365
or EDFOIAManaQer@ed.aov
https;//mail.google.com/mail/u/0/?ui=2&ik=b26971b2b0&jsvei=PXlY7GgZjW4.en.&view=pt&insg=15d5c0bfa837d715&search=inbox&siml=I5d5c0bfa837d715 2/2
EXHIBIT 6
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF MANAGEMENT
July 12, 2017
Grants and Development
BMCC
199 Chambers Street
New York, NY 10001-1097
RE: FOIA Request No. 17-02164-F
Dear: Nausheen Zainulabeddin
This is in response to your letter dated July 11, 2017, requesting information pursuant to
the Freedom ofInformation Act(FOIA), 5 U.S.C. § 552. Your request was received in
this office on July 12, 2017, and forwarded to the primary responsible office(s)for action.
You requested: All documents for the OCR Case No. 04-14-2421 and OCR Case No. 04-
14-2487
Please refer to the FOIA tracking number to check the status of your FOIA request at the
link provided below:
httD://Nvww2.ed.gov/policv/gen/leg/foia/foiatoc.htmI
Any future correspondence or questions regarding your request, please contact the FOIA
Public Liaison at 202-401-8365 or EDFOIAManager@ed.gov
Sincerely,
ED FOIA Manager
400 MARYLAND AVE., S.W., WASHINGTON,DC 20202-4500

www.ed.gov
Our miasion is to ensure equal access to education and to promote educational excellence throughout the Nadon.
EXHIBIT 3

ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
David J. Smith For rules and forms visit

Clerk of Court www.ca11.uscourts.gov
September 01, 2017
4730 S WOODLAWN AVE APT 3D
CHICAGO, IL 60615
Appeal Number: 17-11888-GG; 17-12134 & 17-12376 -GG

Case Style: Nausheen Zainulabeddin v. University of South Florida
District Court Docket No: 8:16-cv-00637-JSM-TGW
The enclosed “Motion to Correct Appellant Brief by September 5, 2017” is returned unfiled
because it is unnecessary. If you wish to file a corrected appellant’s brief, you may submit a
corrected brief and a motion to file a corrected brief.
Sincerely,
DAVID J. SMITH, Clerk of Court
Reply to: Joe Caruso, GG

Phone #: (404) 335-6177
LetterHead Only
EXHIBIT 4
EXHIBIT 5
9/11/2017 Gmail - Urgent Concern 17-02164F
Nausheen Zainulabeddin <nausheenkhawaja@gmail.com>
Urgent Concern 1702164F
3 messages
Nausheen Zainulabeddin <nausheenkhawaja@gmail.com> Thu, Aug 31, 2017 at 4:07 PM
To: "Gatlin, Wendy" <Wendy.Gatlin@ed.gov>, "Jones, Kim" <EDFOIAManager@ed.gov>, "Weltner, Phil" <Phil.Weltner@ed.gov>
Dear FOIA manager and Senior Attorney of OCR Atlanta,
I have a serious concern. Ms. Pessin stated to me that the 11 binders will be under my FOIA request. And I included that reference in my brief
already which was due August 28, 2017. I specifically wrote citations, as FOIA response, Petition for Readmission Letter, Appendix 27. Since Ms.
Pessin confirmed it will be included in my FOIA Request. Now, Ms. Pessin sends me a "formal response" saying we are only including 339 pages
and none of the binders are included. And they are not included under the "waiver".
Ms. Pessin as per email stated this will be in the response on July 19, 2017, and then again confirmed via email on August 23, 2017. After I have
ALREADY turned my in my brief she sends me a letter stating otherwise. I stated to Ms. Jones that I do not want Ms. Pessin involved or in contact
with me. I have already filed a complaint against her in federal circuit and also 11th circuit. Speaking to her in midst of litigation matters is a conflict
of interest situation. However, she is continuing to "assist"; but in actuality; she has just destroyed my appeal by "her help". This is an imminent
harm and injury. My father was in a near death situation because of all these matters. I do not trust her. I want you to please find a resolution for
the letter Ms. Pessin sent me on August 30, 2017, regarding her "new change". When she has stated to me since July 19, 2017, what materials
will be included. I submitted my FOIA request on July 11, 2017. Telling me NOW what will not be included after nearly 2 months is matters of
litigation now. You should have told me within 20 days so I could have informed the court and also not mentioned in my appeal. I foresee bad faith;
I beg of you to refrain her from attending to my matters in any shape or form or speak to me.
Please let me know if I include the 11 binders as my FOIA request as it was stated to me and affirmed on July 19, 2017. And also reported that to
the court.
I need a final confirmation that the documents in the compact disk sent to me which includes the 11 binders; can be used for my FOIA request.
I beg of you to find a way to remove Ms. Pessin from having any contact with me.
Please see attachment.
1701264F
3 attachments
Gmail FOIA Request 1702164F Fee Waiver Determination.pdf
2142K
Gmail FOIA Request 1702164F Fee Waiver Determination copy.pdf
9229K
1702164F Response Letter.pdf
729K
https://mail.google.com/mail/u/0/?ui=2&ik=b26971b2b0&jsver=6H9snhMqLA8.en.&view=pt&search=inbox&th=15e523765e9b79bb&siml=15e39e79db0f6bd4&si… 1/2
9/11/2017 Gmail - Urgent Concern 17-02164F
Nausheen Zainulabeddin <nausheenkhawaja@gmail.com> Fri, Sep 1, 2017 at 6:18 PM
To: "Gatlin, Wendy" <Wendy.Gatlin@ed.gov>, "Weltner, Phil" <Phil.Weltner@ed.gov>, "Jones, Kim" <EDFOIAManager@ed.gov>, "Cook, Elise"
<Elise.Cook@ed.gov>
Hi Mr. Weltner,
It was nice speaking to you today. And I want you to thank you for taking the time to confer with Mrs. Gatlin regarding the sudden changes of the
response that had already been stated to me on July 19, 2017 and due to that submitted the brief based on the agreement made. Hence, stating
it otherwise; two days after I've submitted the appeal is unfair and also obstructs justice. You stated you would speak to Mrs. Gatlin; hence, I did
not call her myself; since I bestowed trust that you will handle this dilemma. I would truly appreciate it if you can get back to me ASAP. As stated I
have an appendix that is due and brief that I already submitted based on what was stated to me by Mrs. Pessin and agreed as part of the FOIA
response. I needed 11 binders to be under the FOIA response, I already stated to Mrs. Pessin; I have MANY copies of the 11 binders; that is not
the point. I needed the binders under the FOIA; that is the basis of my request. My FOIA request was not for "personal use"; but strictly for
litigation purposes. And to state that to someone of a sudden change after 2 months; when one was already stated July 19, 2017, what will be
included is an arbitrary decision.
Please let me know ASAP.
Thank you,
1702164F
Gatlin, Wendy <Wendy.Gatlin@ed.gov> Tue, Sep 5, 2017 at 9:24 AM
To: Nausheen Zainulabeddin <nausheenkhawaja@gmail.com>, "Weltner, Phil" <Phil.Weltner@ed.gov>, ED FOIA Manager
<EDFOIAManager@ed.gov>, "Cook, Elise" <Elise.Cook@ed.gov>
Hello Ms. Zainulabeddin,
OCR Atlanta has processed your FOIA request and if you are dissa sfied with the FOIA response, the next step is a FOIA appeal. Please
follow the instruc on in your FOIA response le er with respect to filing a FOIA appeal.
Kind Regards,
Wendy Gatlin
Compliance Team Leader/FOIA Manager
U.S. Department of Educa on
Office for Civil Rights
61 Forsyth Street, Suite 19T10
(404) 9749356 (Direct)
(404) 9749472 (Fax)
From: Nausheen Zainulabeddin [mailto:nausheenkhawaja@gmail.com]
Sent: Friday, September 01, 2017 6:18 PM
To: Gatlin, Wendy; Weltner, Phil; ED FOIA Manager; Cook, Elise
Subject: Re: Urgent Concern 1702164F
https://mail.google.com/mail/u/0/?ui=2&ik=b26971b2b0&jsver=6H9snhMqLA8.en.&view=pt&search=inbox&th=15e523765e9b79bb&siml=15e39e79db0f6bd4&si… 2/2
EXHIBIT 6

September 11,2017
Dear Customer:
The following is the proof-of-delivery for tracking number 787627899663.
Delivery Information:
Status: Delivered Delivery location: Atlanta, GA
Signed for by: WMILLER Delivery date: Sep 8, 2017 11:24

Service type: FedEx Ground
Special Handling:
Signature image is available. In order to view image and detailed information, the shipper or payor account number of
the shipment must be provided.
Shipping Information:
Tracking number: 787627899663 Ship date: Sep 6, 2017
Weight: 34.9 lbs/15.8 kg
Recipient: Shipper:
ATLANTA, GA US Chicago, IL US
Thank you for choosing FedEx.

September 11,2017
Dear Customer:
The following is the proof-of-delivery for tracking number 787627896712.
Delivery Information:
Status: Delivered Delivery location: Atlanta, GA
Signed for by: WMILLER Delivery date: Sep 8, 2017 11:24

Service type: FedEx Ground
Special Handling:
Signature image is available. In order to view image and detailed information, the shipper or payor account number of
the shipment must be provided.
Shipping Information:
Tracking number: 787627896712 Ship date: Sep 6, 2017
Weight: 21.0 lbs/9.5 kg
Recipient: Shipper:
ATLANTA, GA US Chicago, IL US
Thank you for choosing FedEx.

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Case Docket No.

UNITED STATES COURT OF APPEALS FOR

UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

MOTION TO FILE CORRECTED BRIEF

September 20, 2017

Case No. 17-11888

UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

MOTION TO FILE CORRECTED BRIEF

FILED ON SEPTEMBER 5, 2017

of his/her motion, Appellant shows unto the Court:

1. On June 30, 2017; Appellant submitted Notice to the Clerk regarding a

request for change in briefing schedule due to pending motions.

1) Motion for emergency transfer for Case no. 07-12134

2) Motion to consolidate related appeals, 17-11888 and 17-12376

3) Motion to Supplement Record on Appeal

was due August 22, 2017.

transfer for Case no. 17-12134 was denied.

for August 28, 2017.

record: USPS Tracking No. 94055118995640411028238, not docketed

Appendix is due on September 5, 2017. However, the requested FOIA

the 11th circuit (without exact references to the record on appeal).

briefing schedule. And denied her motion to E-file. Nevertheless, Appellant

on time on August 28, 2017. The coincidental ruling on that motion to

may have helped Appellant had no bearing on her initial brief.

is resolved; see SA-46-87).

brief (Exhibit 2) and stated “it is returned unfiled because it is

unnecessary”. He stated to refile it with the copy of the corrected brief

relevant documents and the FOIA response documents in as Addendum to

initial brief: Special Appendix as matters of public interest (See Exhibit 4

and Exhibit 5, and SA 56-87).

(10) Appellant filed Appendices (Vol I-XII) and Addendum, Special

Appendices Volumes I-III within seven days of filing her brief on

September 5, 2017 (Exhibit 6).

on September 5, 2017 (Exhibit 6).

28, 2017 are now moot.

(13) The corrected brief contains corrections to the references to the

record and addendum of supplemental documents including the FOIA

(14) The corrected brief also provides further clarification of arguments,

but does not change the argument.

clarify any misrepresentations or inaccuracies.

corrected opening brief was submitted to this court on September 5, 2017.

counsel on September 6, 2017 informing them regarding this forgoing motion.

4409 West Varn Avenue

CERTIFICATE OF INTERESTED PARTIES AND

Moody, James- Trial Judge

Wilson, Thomas- Magistrate Trial Judge

Zainulabeddin, Nausheen- Pro Se

University of South Florida, Morsani College of Medicine Board of Trustees

Bognar, Bryan, MD, MPH

Brownlee, James, Jr., MD

Deschenes, Robert, PhD

Klasko, Stephen, MD, MBA

Loveren, Harry Van, MD

Marty, Phillip, PhD

Skalkos, Olga, PhD

Specter, Steven, PhD

USF Counseling Center

University of South Florida Morsani College of Medicine

Constangy Brooks Smith & Prophete, LLP

Dickinson, John. - Attorney representing Defendant/Appellee

Mans, Lori. Attorney representing Defendant/Appellee

Khawaja, Jalalluddin- Plaintiff’s Parent- Debt repayment + collateral damages