FOIA Activity: 13 New Procedural or Substantive Decisions

We have added 13 decisions of a procedural or substantive nature filed between February 28, 2021 and March 6, 2021. 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. CO 1:2018cv03065 — Rocky Mountain Wild, Inc. v. United States Forest Service et al

   • March 4, 2021: ORDER granting [49] Motion for Summary Judgment; denying [53] Motion for Summary Judgment by Magistrate Judge Michael E. Hegarty on 4 March 2021.(cmadr, )
2. DC 1:2019cv01359 — NOSAL et al v. MNUCHIN

   • March 3, 2021: MEMORANDUM OPINION granting [19] Defendant's motion for summary judgment; denying as moot [20] Defendant's motion for leave to file documents for in camera review; and denying as moot [25] Plaintiffs' motion for Vaughn index. See document for details. Signed by Judge Rudolph Contreras on 3/3/2021. (lcrc3)
3. DC 1:2019cv01946 — FARMWORKER JUSTICE v. U.S. DEPARTMENT OF AGRICULTURE

   • March 4, 2021: MEMORANDUM OPINION regarding the Cross Motions for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on March 4, 2021. (lcdlf3)
4. DC 1:2020cv00681 — SABRA v. U.S. CUSTOMS AND BORDER PROTECTION

   • March 2, 2021: MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 3/2/21. (lcckk3)
5. NCE 5:2020cv00363 — Queern v. The United States

   • March 3, 2021: ORDER: The Memorandum and Recommendation at [9] is ACCEPTED IN PART AND REJECTED IN PART as set forth herein, and the Plaintiff's purported NDAA claim is DISMISSED WITHOUT PREJUDICE. The court will permit Plaintiff to file an Amended Complai nt asserting these (and his original FOIA) claims on or before March 31, 2021. If Plaintiff fails to comply with this deadline, the court will proceed in the action on the Plaintiff's original FOIA claims as stated in the operative Complaint. Signed by Chief US District Judge Richard E. Myers II on 3/3/2021. (Waddell, K.)
6. NYS 1:2018cv09495 — New York Legal Assistance Group v. Board of Immigration Appeals et al

   • March 3, 2021: ORDER granting [43] Letter Motion to Adjourn Conference. The March 4 conference is adjourned sine die. The parties are directed to submit a status report one week after the Second Circuit issues the mandate. SO ORDERED.. (Signed by Judge Paul A. Crotty on 3/3/2021) (ks)
7. NYS 1:2018cv12077 — Hispanic Federation et al v. Department of The Air Force

   • March 2, 2021: ORDER: The Court held a status conference in this matter on March 2, 2021. Counsel for all parties were in attendance. In accordance with the matters discussed at the conference, IT IS HEREBY ORDERED: All outstanding items outlin ed in Defendant's letter dated February 23, 2021, shall be produced on or before March 31, 2021. The Court grants Plaintiffs leave to make an application to the Court for appropriate sanctions if Defendant fails to comply with the March 31 deadline. On or before June 7, 2021, the parties shall file a joint letter advising the Court whether an agreement has been reached with respect to attorneys' fees and, if not, what issues need to be resolved. FAILURE TO COMPLY WITH THIS ORDER AND THE DEADLINES HEREIN MAY RESULT IN SANCTIONS. (Signed by Judge Mary Kay Vyskocil on 3/2/2021) (mro)
8. NYS 1:2020cv07703 — Natural Resources Defense Council, Inc. v. U.S. Food and Drug Administration

   • March 4, 2021: ORDER: IT IS HEREBY ORDERED that for the reasons stated at the conference, the FDA need only produce a Vaughn index every second production. IT IS FURTHER ORDERED that by no later than Friday, March 12, 2021, the FDA must propose a reasonable product ion processing rate. If the types of documents to be disclosed present unique complexities that the FDA believes warrant a processing rate that is slower than what would otherwise seem reasonable, the FDA must include a description of the types of do cuments at issue and an explanation why such documents require more time to review and process than the norm for review and production of documents in response to FOIA requests for CVM documents. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/04/2021) (ama)
9. NYS 1:2020cv10625 — Immigrant Defense Project et al v. United States Department of Homeland Security et al

   • March 5, 2021: ORDER: As discussed at today's conference, no later than April 1, 2021, Defendants shall (1) reprocess the First Interim release to determine whether there is any additional segregable, nonexempt material that may be released to Plaintiffs; a nd (2) conduct the additional Homeland Security Investigations (HSI) search mentioned at the conference. The parties shall then meet and confer and, no later than April 8, 2021, file a joint letter proposing next steps in this litigation, including a schedule for additional productions. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/5/2021) (jca)
10. NYS 1:2021cv00702 — The New York Times Company v. Centers for Medicare and Medicaid Services

    • March 3, 2021: ORDER: The parties are hereby ORDERED to file a joint status report, including how they would like to proceed in the litigation, by no later than April 2, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/3/2021) (rj)
11. OR 3:2019cv02001 — Berryhill v. Bonneville Power Administration

    • March 5, 2021: OPINION AND ORDER. For the reasons stated, the Court DENIES Berryhill's Motion for Attorney's Fees (ECF No. [27] ). Signed on 3/5/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
12. WAW 2:2019cv01051 — Northwest Environmental Advocates v. US Environmental Protection Agency

    • March 2, 2021: ORDER re Parties' [28] Stipulated Motion for an Extension of Time to File a Motion for Costs and Attorneys' Fees. Plaintiff shall file its motion on or before May 26, 2021. Signed by Judge James L. Robart. (LH)
13. WAW 2:2020cv01220 — Rich v. Executive Office of Immigration Review

    • March 4, 2021: ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause by March 12, 2021, why the Court should not dismiss the complaint in this matter for failure to prosecute. Absent a timely response to this Order, this action will be dismissed without prejudice. Signed by Hon. Michelle L. Peterson. (MW)