FOIA Activity: 15 New Procedural or Substantive Decisions

We have added 15 decisions of a procedural or substantive nature filed between April 26, 2020 and May 2, 2020. These are associated with 13 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. CAE 2:2019cv02429 — (PS) Graham v. U.S. Dept. of Homeland Security et al

   • April 30, 2020: ORDER signed by Magistrate Judge Edmund F. Brennan on 4/30/2020 GRANTING [11] Motion for extension of time. Motion to Dismiss [10] Hearing Reset for 6/3/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall file an opposition to the pending motion, or a statement of non-opposition by 5/20/2020. Defendant's reply due by 5/27/2020. The Initial Scheduling Conference is Reset for 8/5/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.(Reader, L)
2. CAS 3:2019cv01102 — Aguirre v. United States Nuclear Regulatory Commission et al

   • May 1, 2020: ORDER Granting Defendant's Motion to Dismiss First Amended Complaint with Prejudice (ECF No. [18] ). Signed by Judge Cynthia Bashant on 5/1/20. (jmo) (dlg).
3. DC 1:2018cv03127 — DBW PARTNERS, LLC v. UNITED STATES POSTAL SERVICE et al

   • April 28, 2020: MEMORANDUM OPINION granting in part and denying in part [19] Defendants' renewed Motion for Summary Judgment; and granting in part and denying in part [20] Plaintiff's renewed Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 4/28/2020. (lcrc2)
4. DC 1:2020cv01023 — GASSEW v. DEPARTMENT OF THE TREASURY

   • April 28, 2020: MEMORANDUM OPINION Signed by Judge Amy Berman Jackson on 4/28/2020. (adh, )
5. FLS 9:2018cv81750 — Scott v. Internal Revenue Service

   • April 28, 2020: ORDER denying [29] Plaintiff's Motion to Compel Production. Signed by Magistrate Judge William Matthewman on 4/28/2020. See attached document for full details. (kza)
   • April 28, 2020: ORDER denying [28] Plaintiffs Motion to Compel Production of a Vaughn Index and granting Plaintiffs Motion for an Extension of Time Nun Pro Tunc. (Response due by 5/13/2020 to [27] Defendant's MOTION for Summary Judgment). Signed by Magistrate Judge William Matthewman on 4/28/2020. See attached document for full details. (kza)
6. GAS 4:2020cv00025 — Evans v. University of California Davis

   • April 29, 2020: JUDGMENT entered dismissing this case without prejudice. Signed by District Judge R. Stan Baker on 4/29/2020. (loh)
7. MA 1:2019cv12440 — Folkman v. U.S. Department of State

   • April 30, 2020: Magistrate Judge Marianne B. Bowler: ORDER entered. FINAL JUDGMENT. In light of the parties' settlement (Docket Entry # [19] ), it is ORDERED and ADJUDGED that this action be DISMISSED with prejudice subject to the right of either party to move within thirty days, for good cause shown, to reopen the case for further proceedings. (Patton, Christine)
8. NYS 1:2018cv08607 — The New York Times Company et al v. Federal Communications Commission

   • April 30, 2020: OPINION AND ORDER re: [27] CROSS MOTION for Summary Judgment. filed by The New York Times Company, Gabriel Dance, Nicholas Confessore, [22] MOTION for Summary Judgment. filed by Federal Communications Commission. For the foregoing reasons, Plaintiffs' motion for summary judgment is GRANTED, and Defendant's motion for summary judgment is DENIED. Plaintiffs' motion for reasonable attorneys' fees is DENIED without prejudice to renew. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 22 and 27. SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/30/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
   • April 30, 2020: CLERK'S JUDGMENT re: [33] Memorandum & Opinion. in favor of The New York Times Company, Gabriel Dance, Nicholas Confessore against Federal Communications Commission. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated i n the Court's Opinion and Order dated April 30, 2020, Plaintiffs' motion for summary judgment is GRANTED, and Defendant's motion for summary judgment is DENIED. Plaintiffs motion for reasonable attorneys' fees is DENIED without prejudice to renew. (Signed by Clerk of Court Ruby Krajick on 04/30/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
9. NYS 1:2018cv11227 — Natural Resources Defense Council et al v. United States Environmental Protection Agency

   • May 1, 2020: ORDER terminating [64] Letter Motion to Compel: Plaintiff shall file a proposed final judgment by May 5. The government shall respond by May 7. (Signed by Judge P. Kevin Castel on 5/1/2020) (jwh)
10. NYS 1:2020cv00183 — New York Civil Liberties Union v. Administration for Children and Families et al

    • April 30, 2020: ORDER: Pursuant to the Court's Scheduling Order dated April 15, 2020 (ECF No. 25), the parties to this Freedom of Information Act ("FOIA") action appeared before the Court telephonically for an initial conference on April 29, 2020. Having heard from the parties at that conference and reviewed their pre-conference submissions, see ECF No. 24, the Court hereby ORDERS that: 1. Defendants shall process records potentially responsive to the FOIA request at issue in this litigation, see ECF No. 8-2, at a rate of no less than 400 pages per month; 2. Beginning on May 15, 2020, and on a rolling basis every 30 days thereafter, Defendants shall release to Plaintiff all processed, responsive records; 3. Concurrent with each production required by this Order, Defendants shall advise Plaintiff via email of the total number of pages processed; 4. To the extent Defendants assert any privilege, exemption, or exclusion as to any responsive record or portion thereof, Defendants shall, concurrent with each production required by this Order; as further set forth herein. (Signed by Judge Mary Kay Vyskocil on 4/30/2020) (mro)
11. NYS 1:2020cv01686 — Austin Sanctuary Network et al v. United States Immigration and Customs Enforcement et al

    • May 1, 2020: ORDER: On March 17, 2020, the Court ordered that Defendants make their first production of documents in response to Plaintiffs' Freedom of Information Act by April 27, 2020. Dkt. No. 16. On April 29, 2020, the parties submitted a joint letter in which each party set forth its position on a schedule for further monthly productions. Dkt. No. 29. The Court held a status conference that day. It is hereby ORDERED that the Defendants will review and process 1,200 pages of documen ts and produce responsive documents by the 29th of each month or, if the 29th falls on a weekend, the next business day. Defendant ICE shall submit a letter to the Court by May 29, 2020 that indicates the number of pages in the 400 documents referenced in the parties' joint letter. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/14/2020) (va)
12. WAW 2:2018cv01635 — Withey et al v. Federal Bureau of Investigation (FBI)

    • April 30, 2020: MINUTE ORDER granting parties' [73] Third Stipulated Motion regarding Plaintiffs' partial motion for summary judgment and the FBI's cross-motion. The Court ORDERS the FBI to file a status report regarding the status of re-processing by May 27, 2020. The Court further ORDERS that all dispositive motions must be filed by July 26, 2020. Authorized by U.S. District Judge John C Coughenour. (TH)
13. WAW 2:2020cv00217 — Council on American Islamic Relations – Washington v. United States Customs and Border Protection et al

    • May 1, 2020: STIPULATION AND ORDER directing Plaintiff to file its proposed First Amended Complaint per parties' [13] Stipulation. Signed by Judge Ricardo S. Martinez. (PM)