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FOIA Activity: 19 New Procedural or Substantive Decisions

by FOIA Project Staff on December 17th, 2020

We have added 19 decisions of a procedural or substantive nature filed between December 6, 2020 and December 12, 2020. These are associated with 18 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. CAN 3:2018cv03472 — Sierra Club v. United States Environmental Protection Agency

    • December 8, 2020: Order by Chief Magistrate Judge Joseph C. Spero denying [80] EPA's Motion to Claw Back Documents and for Summary Judgment. (jcslc2S, COURT STAFF) (Filed on 12/8/2020)

  2. DC 1:2013cv00555 — SHAPIRO et al v. DEPARTMENT OF JUSTICE

    • December 11, 2020: MEMORANDUM OPINION & ORDER: For the reasons explained in the attached Memorandum Opinion, the FBI's motion for summary judgment, Dkt. [132] , is hereby GRANTED in part and DENIED in part, and Plaintiffs' motion for summary judgment, Dkt. [14 3], is hereby GRANTED in part and DENIED in part. The FBI is hereby ORDERED to submit records related to its "collection and analysis of information" for the Court's in camera and ex parte review on or before December 18 , 2020. The FBI may move for reconsideration on certain issues, enumerated in the Memorandum Opinion, on or before December 28, 2020. Thereafter, the Court will enter final judgment in a separate order. See document for details. Signed by Judge Randolph D. Moss on 12/11/2020. (lcrdm2)
  3. DC 1:2020cv01082 — WP COMPANY LLC v. U.S. DEPARTMENT OF STATE

    • December 9, 2020: MEMORANDUM OPINION re [18] Order on Motion for Attorney Fees. Signed by Judge James E. Boasberg on 12/09/2020. (lcjeb2)
  4. NYS 1:2016cv00387 — National Day Laborer Organizing Network et al v. United States Immigration and Customs Enforcement et al

    • December 11, 2020: OPINION & ORDER: On September 14, 2020, the Court issued a lengthy decision resolving, for the most part, the parties' cross-motions for summary judgment regarding plaintiffs' FOIA request. Dkt. 184 ("Decision"). The Court granted partial summary judgment to each side. The Court, however, reserved judgment on a subset of records, as to which it directed defendants to make further filings and submit records for in camera review. The Court has now carefully reviewed the records and affidavits at issue. These fall into four categories: (1) records as to which in camera review was necessary to determine whether the deliberative process privilege under FOIA Exemption 5 was properly invoked; (2) records as to which Exemption 5 applied, but in camera review and submission of an affidavit were necessary to enable the Court separately to determine whether withholding is consistent with the FOIA Improvement Act of 2016; (3) records as to which Exemption 5 applied, but submiss ion of an affidavit, though not in camera review, was necessary to determine whether withholding is consistent with the FOIA Improvement Act of 2016; and (4) records as to which an affidavit was necessary addressing redlines or other markups associat ed with the documents withheld. The Court's orders as to the responsive records in each of these four categories follows. The Court here incorporates by reference the discussion in its September 14, 2020 decision as to these documents, setting o ut here only the additional analysis necessary to explain its outcome, and as further set forth in this opinion. These rulings resolve all outstanding questions regarding plaintiffs' FOIA request. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 12/11/2020) (jwh)
  5. NYS 1:2017cv05928 — Natural Resources Defense Council v. U.S. Environmental Protection Agency

    • December 7, 2020: ORDER: In a joint letter filed December 7, 2020, the parties indicated that no issues remain for this Court to decide in this case pending the Second Circuit's ruling on EPA's pending interlocutory appeal. ECF No. 102. In light of that r epresentation, the Clerk of Court is directed to administratively close the case without prejudice to either party moving to reopen the case within thirty days of any decision by the Second Circuit on EPA's interlocutory appeal. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/2020) (jca)
  6. NYS 1:2017cv06335 — Brennan Center for Justice et al v. U.S. Department of Justice et al

    • December 7, 2020: ORDER, REGULATING PROCEEDINGS, At the telephonic status conference held on December 4, 2020, the parties represented that they are close to a settlement. Settlement of issues other than fees shall be completed by December 18, 2020. Upon settlement, the parties shall file a stipulation for my signature pursuant to Rule 41 of the Federal Rules of Civil Procedure, resolving all issues other than fees. In the event that a settlement is not consummated, the parties shall appear for a status confere nce on December 18, 2020, at 10:30 a.m. The issue of fees is to be negotiated by the parties. If not resolved, the parties shall appear for a status conference on the issue of fees on March 26, 2021, at 10:00 a.m. SO ORDERED. ( Status Conference set for 3/26/2021 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/7/20) (yv)
  7. NYS 1:2017cv07572 — Knight First Amendment Institute at Columbia University v. Department of Homeland Security et al

    • December 10, 2020: ORDER: The Court is in receipt of the Defendants' letter. (ECF No. 169). Accordingly, the Court stays this matter pending the disposition of the appeal. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/10/2020) (jca)
  8. NYS 1:2019cv00234 — Open Society Justice Initiative v. Central Intelligence Agency et al

    • December 8, 2020: OPINION & ORDER re: (123 in 1:19-cv-00234-PAE) CROSS MOTION for Summary Judgment, (111 in 1:19-cv-00234-PAE) MOTION for Summary Judgment: The Court therefore grants in part and denies in part each side's motion for summary judgment. As m ore fully discussed herein, the CIA and ODNI are ordered to produce a Vaughn index, limited to the two items (the tape of the killing of Jamal Khashoggi and the CIA's report on the killing) whose existence and possession the Court has found to h ave been officially acknowledged. This index is due two weeks from today. In addition, all parties are directed to confer and submit a joint letter as to the next steps in this litigation, also due two weeks from today. The Clerk of Court is respectfully directed to close the motions pending at dockets 111, 123, and 128. (Signed by Judge Paul A. Engelmayer on 12/8/2020) Filed In Associated Cases: 1:19-cv-00234-PAE, 1:19-cv-01329-PAE (jwh)
  9. NYS 1:2020cv05573 — New York Civil Liberties Union v. Office of Refugee Resettlement et al

    • December 8, 2020: ORDER: For the reasons articulated at today's conference, Defendants are hereby ORDERED to process the documents it has identified at a rate of 500 documents per month. IT IS FURTHER ORDERED that the parties submit a joint status letter to the Court no later than February 8, 2021, or earlier, if need be. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/8/2020) (kv)
  10. NYS 1:2020cv07510 — Charpentier et al v. Department Of Homeland Security et al

    • December 7, 2020: ORDER granting [23] Letter Motion to Adjourn Conference. Application granted. The initial pretrial conference scheduled for December 15, 2020 is adjourned to December 29, 2020 at 3:00 p.m. The joint letter and proposed case management plan described in the Court's September 16, 2020 order, Dkt. No. 9, are due no later than December 22, 2020. Initial Conference set for 12/29/2020 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 12/5/2020) (mro)
  11. NYS 1:2020cv07591 — Oakes v. United States Department of Defense

    • December 10, 2020: ORDER: A teleconference having been held today, with counsel for all parties participating, IT IS HEREBY ORDERED that: 1. The defendant shall identify all contracts requested by plaintiff by January 15, 2021; 2. The defendant shall produce the cont racts in four productions on February 15, 2021, March 15, 2021, April 15, 2021, and May 17, 2021; 3. The parties shall meet and confer regarding the contracts on January 15, 2021; 4. The parties shall file a status report on or before March 1, 2021; and 5. There will be a pretrial conference on April 8, 2021, at 10:00 a.m. (Pretrial Conference set for 4/8/2021 at 10:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 12/10/2020) (nb)
  12. SC 2:2019cv01786 — Samuel v. U.S. Department of State

    • December 8, 2020: ORDER AND OPINION: The Court ADOPTS the R & R of the Magistrate Judge (Dkt. No. 43) as the order of the Court and GRANTS Defendants motion for summary judgment (Dkt. No. 37). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/8/20. (ltap, )
  13. TXN 4:2020cv01223 — Compton v. McDonald et al

    • December 9, 2020: FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The undersigned therefore RECOMMENDS that United States District Judge Reed OConnor DISMISS this case WITHOUT PREJUDICE with all costs borne by the party incurring such costs. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/9/2020) (trt)

    • December 9, 2020: ORDER ACCEPTING [9] FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court has conducted a de novo review of the FCR and ADOPTS the reasoning in the Magistrate Judge's FCR. Accordingly, it is ORDERED that the Agreed Motion for Dismissal (ECF No. [8] ) is GRANTED, and this case is DISMISSED without prejudice. (Ordered by Judge Reed C. O'Connor on 12/9/2020) (pef)
  14. WAW 2:2020cv00272 — Goebel v. Federal Aviation Administration

    • December 7, 2020: ORDER re parties' [30] Joint Motion for entry of stipulation of settlement and order of dismissal. Defendant shall pay Kampmeier & Knutsen PLLC $22,500.00 for attorney fees and costs in this matter in lieu of statutory fees plaintiff D avid Goebel is otherwise entitled to recover. This Stipulation of Settlement shall become effective upon entry as an Order of the Court. Plaintiff's claims in this action are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by U.S. District Judge John C. Coughenour. (PM)
  15. WAW 2:2020cv01231 — State of Washington v. Office of Management and Budget

    • December 7, 2020: ORDER granting Plaintiff's [8] Motion For Clarification of Case Management Order. The State of Washington may file a motion for summary judgment prior to the February 25th deadline set forth in the Case Management Order, and that motion may be considered on the noting date as calculated under the Local Civil Rules. Signed by Judge Robert S. Lasnik. (LH)
  16. WAW 2:2020cv01232 — State of Washington v. United States National Archives and Records Administration

    • December 7, 2020: ORDER granting Plaintiff's [11] Motion for Clarification of Case Management Order. The State of Washington may file a motion for summary judgment prior to the February 25th deadline set forth in the Case Management Order, and that motion may be considered on the noting date as calculated under the Local Civil Rules. Signed by Judge Robert S. Lasnik. (LH)
  17. WAW 2:2020cv01233 — State of Washington v. United States General Services Administration

    • December 7, 2020: ORDER granting Plaintiff's [9] Motion Clarification of the Case Management Order. The State of Washington may file a motion for summary judgment prior to the February 25th deadline set forth in the Case Management Order, and that motion may be considered on the noting date as calculated under the Local Civil Rules. Signed by Judge Robert S. Lasnik. (LH)
  18. WAW 2:2020cv01364 — State of Washington v. Public Buildings Reform Board

    • December 7, 2020: ORDER granting Plaintiff's [9] Motion for Clarification of Case Management Order. The State of Washington may file a motion for summary judgment prior to the February 25th deadline set forth in the Case Management Order, and that motion may be considered on the noting date as calculated under the Local Civil Rules. Signed by Judge Robert S. Lasnik. (LH)

From → Decisions, FOIA, PACER

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