District Judge Lawrence E. Kahn


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In 1993 Brozzo defaulted on student loans from Key Bank under the Federal Family Education Loan program. The loans were assigned to the New York State Higher Educ. Servs. Corp. (NYSHESC) in 1994 for collection. In 2008, after NYSHESC obtained state court judgment against Brozzo, they were transferred to the Educ. Credit Mgmt. Corp. (ECMC), which became their “holder.” The loans, and their documents, were never assigned or transferred to the U.S. Dep’t of Educ. (DOE). Brozzo’s action against DOE challenged its response to his July 29, 2014, Freedom of Information Act (FOIA) request for documents pertaining to the subject loans, which DOE asserted were not DOE records. On competing renewed motions, the court granted DOE summary judgment and dismissed Brozzo’s complaint against it. Under the two-pronged test in U.S. Dep’t of Justice v. Tax Analysts, 492 U.S. 136, the documents sought by Brozzo were not “agency records” of DOE in the context of FOIA. They were not created by DOE, created on DOE’s behalf, or even created with the expectation that Brozzo’s loans were ever be assigned to DOE. Further, agreements between NYSHESC and DOE established that the guaranty agency, not the DOE, was the holder of the subject loans.