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FOIA Activity: 21 New Procedural or Substantive Decisions

by FOIA Project Staff on April 4th, 2019

We have added 21 decisions of a procedural or substantive nature filed between March 24, 2019 and March 30, 2019. These are associated with 21 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. DC 1:2007cv02050BLOCHE et al v. DEPARTMENT OF DEFENSE et al

    • March 29, 2019: MEMORANDUM OPINION denying [52] Plaintiffs' Motion for Partial Summary Judgment and granting in part and denying in part [61] Defendants' Motion for Partial Summary Judgment: See document for details. Signed by Judge Rudolph Contreras on March 29, 2019. (lcrc2)
  2. DC 1:2012cv01871CRISMAN et al v. DEPARTMENT OF JUSTICE et al

    • March 25, 2019: SUPPLEMENTAL MEMORANDUM OPINION regarding Defendants' First Motion [26] for Summary Judgment. Signed by Judge Tanya S. Chutkan on 3/25/2019. (lctsc1)
  3. DC 1:2014cv02157CORLEY v. HOLDER et al

    • March 29, 2019: MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Emmet G. Sullivan on 3/29/19.(ah)
  4. DC 1:2016cv00175CENTER FOR BIOLOGICAL DIVERSITY, INC. v. U.S. ENVIRONMENTAL PROTECTION AGENCY

    • March 27, 2019: MEMORANDUM OPINION regarding the defendant's [37] Renewed Motion for Summary Judgment and the plaintiff's [38] Renewed Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on March 27, 2019. (lcbah3)
  5. DC 1:2017cv00727AMERICAN OVERSIGHT v. DEPARTMENT OF JUSTICE et al

    • March 25, 2019: MEMORANDUM OPINION AND ORDER: American Oversight's motion for an award of attorneys' fees and costs, Dkt. 23, is hereby GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 3/25/2019. (lcrdm2, )
  6. DC 1:2017cv01270CENTER FOR BIOLOGICAL DIVERSITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

    • March 27, 2019: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 03/27/2019. (lcabj3)
  7. DC 1:2017cv01448AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al

    • March 30, 2019: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 03/30/2019. (lcabj3)
  8. DC 1:2017cv01684PEJOUHESH v. UNITED STATES POSTAL SERVICE

    • March 26, 2019: MEMORANDUM OPINION AND ORDER: The Postal Service's motion to dismiss and/or for summary judgment, Dkt. 16, is hereby GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 3/26/2019. (lcrdm2, )
  9. DC 1:2017cv02176LEOPOLD et al v. CENTRAL INTELLIGENCE AGENCY

    • March 29, 2019: MEMORANDUM OPINION granting [14] Defendant's Motion for Summary Judgment; denying [16] Plaintiffs' Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/29/19. (lcrc1)
  10. DC 1:2018cv00019WILLIAMS v. EXECUTIVE OFFICE FOR U.S. ATTORNEYS

    • March 25, 2019: MEMORANDUM OPINION AND ORDER denying as moot the plaintiff's [4] Motion for Summary Judgment, granting in part and denying in part the defendant's [18] Motion for Summary Judgment, and denying the plaintiff's [22] Motion for Order to Show Cause. See text for details. Signed by Judge Dabney L. Friedrich on March 25, 2019. (lcdlf2) Modified document type on 3/26/2019 (zcdw).
  11. DC 1:2018cv00663MISSOURI COALITION FOR THE ENVIRONMENT v. U.S. ARMY CORPS OF ENGINEERS

    • March 28, 2019: MEMORANDUM OPINION in support of [23] Order denying Defendant's Motion for Summary Judgment, granting Plaintiff's Cross-Motion for Summary Judgment, and entering declaratory judgment. Signed by Judge Timothy J. Kelly on 3/28/2019. (lctjk2)
  12. DC 1:2018cv01238KAPENDE et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY

    • March 26, 2019: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 03/26/2019. (lcabj3)
  13. MD 1:2018cv00201Cochran v. Department of Homeland Security (DHS)

    • March 28, 2019: MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 3/27/2019. (c/m 3/29/19 bmhs, Deputy Clerk)
  14. NYS 1:2016cv00016Spadaro v. United States Customs and Border Protection et al

    • March 26, 2019: OPINION & ORDER re: [95] MOTION for Summary Judgment filed by United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Just ice, [97] MOTION for Summary Judgment (Renewed Per Court Order) filed by Saro Spadaro. For the reasons state above, the government's renewed motion for summary judgment is GRANTED, and Plaintiff's renewed motion for su mmary judgment is DENIED. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 95 and 97 and to close this case. (Signed by Judge Richard J. Sullivan on 3/26/2019) (mro) Transmission to Orders and Judgments Clerk for processing. Modified on 3/27/2019 (mro).
  15. NYS 1:2017cv03960Seife v. Food and Drug Administration et al

    • March 27, 2019: MEMORANDUM OPINION AND ORDER re: [93] MOTION to Strike Document No. [72] Declaration of Ian Estepan filed by Charles Seife, [69] MOTION for Summary Judgment filed by Sarepta Therapeutics, Inc, [85] CROSS MOTION for Summary Jud gment filed by Charles Seife, [74] MOTION for Summary Judgment filed by Department Of Health and Human Services, Food and Drug Administration.Accordingly, Sarepta is ORDERED to re-review its redactions to the full FOIA produc tion in accordance with this Memorandum Opinion and Order; to unredact any publicly available information; and to provide the revised redactions to the FDA. The FDA, in turn, is ORDERED to review the revised redactions to ensure they comply with this Memorandum Opinion and Order and to then provide the revised documents to Seife. Unless and until the Court orders otherwise, Sarepta and the FDA shall complete those tasks no later than June 26, 2019. Further, the parties shall promptly meet and confer in an effort to agree upon a proposed order establishing protocols (if appropriate) and rolling deadlines for the foregoing review. The parties shall submit any such proposed order (or competing orders) no later than April 3, 2019. Fin ally, within one week of (1) the June 26, 2019 deadline for the production of documents re-reviewed in accordance with this Memorandum Opinion and Order and (2) the Supreme Courts decision in Food Marketing Institute, whichever is later, the partie s shall submit a joint letter addressing whether the Court should (a) require or allow the parties to submit supplemental briefs in connection with the summary judgment motions; (b) deny the current motions without prejudice to filing new motions; or (c) decide the current motions based on the existing submissions. In the meantime, given the wait for the Supreme Court, the current motions will be administratively terminated. The Clerk of Court is directed to terminate Docket Nos. 69, 74, 85, and 93. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/27/2019) (ne)
  16. NYS 1:2017cv09557Adelante Alabama Worker Center et al v. Department Of Homeland Security et al

    • March 26, 2019: MEMORANDUM OPINION AND ORDER re: [38] MOTION for Summary Judgment filed by Office for Civil Rights and Civil Liberties, Department Of Homeland Security, [41] MOTION for Summary Judgment and Opposition to Defendants' Mo tion for Summary Judgment filed by Detention Watch Network, Southerners on New Ground, Immigrant Defense Project, Adelante Alabama Worker Center, Greater Birmingham Ministries. For the reasons stated above, Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART without prejudice. Plaintiff's cross-motion is GRANTED IN PART and DENIED IN PART without prejudice. Within one week of the date of this opinion and order, Defendants are directed to submit to the Court an unredacted version of the entirety of the Released Records. At present, the Court only expects to conduct in camera review of the Super-Recommendations Memo, but requests the entirety of the Released Records t o facilitate future in camera review, should such review prove necessary. Defendants are further directed to re-review the Experts Reports, the November 2, 2012 memo, and Attachment C to the Released Records, consistent with this opinion, to r elease additional material as appropriate, and make corresponding updates to the Vaughn Index. Additionally, Defendants are directed to release the identities and professional backgrounds of the Experts. The Court will set a deadline for the additional release of records and service of the updated Vaughn Index by subsequent orderwhich it expects to issue after the Court rules on its in camera review of the Super-Recommendations Memo. Summary judgment is granted to the Defendants as to Attachment A to the Released Records. Released Records at 118-28. Defendants need not re-review either Attachment A, nor the Super-Recommendations Memo itself, nor update the Vaughn Index as to those materials. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 38 and 41. (Signed by Judge Gregory H. Woods on 3/26/2019) (mro)
  17. OHN 1:2018cv02960Szafranski v. Cleveland Division of Police

    • March 27, 2019: Memorandum of Opinion and Order For the reasons stated in the Order, Defendant's Motion to Dismiss (Doc. # 4 ) is granted and this action is dismissed pursuant to Federal Civil Procedure Rule 12(b)(1) for lack of subject matter jurisdiction. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Signed by Judge Dan Aaron Polster on 3/27/2019.(K,K)
  18. SC 2:2018cv01517O'Neill v. United States Department of Justice, The

    • March 25, 2019: ORDER denying without prejudice [30] Motion for Summary Judgment; denying [31] Motion to Compel; denying [31] Motion for Sanctions Signed by Honorable David C Norton on March 25, 2019.(kwhe, )
  19. SC 8:2018cv02275Little v. Wilkie et al

    • March 25, 2019: ORDER RULING ON [40] REPORT AND RECOMMENDATION, GRANTING [19] Defendants' Motion for Summary Judgment, filed by Robert Wilkie, James M Byrne, Mae Hazel, Mary Ann Wentzel; DENYING [33] Motion to Expedite a final summary judgment filed by Bessie L Little. Signed by Honorable Henry M Herlong, Jr on 3/25/19. (sfla)
  20. WAW 2:2018cv00645State of Washington v. Environmental Protection Agency et al

    • March 27, 2019: JOINT STATUS REPORT AND ORDER re [19] Joint Status Report & Proposed Order. Joint Status Report due by 4/22/2019. Signed by Judge Ricardo S. Martinez. (PM)
  21. WAW 2:2018cv00677Friends of the Earth v. U.S. Army Corps of Engineers

    • March 29, 2019: ORDER granting parties' [31] Second Stipulated Motion to Extend Deadline: Plaintiff shall file its cost bill and attorney fee motion on or before 5/10/2019. Signed by Judge Thomas S. Zilly. (SWT)

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