FOIA Activity: 8 New Procedural or Substantive Decisions

We have added 8 decisions of a procedural or substantive nature filed between December 5, 2021 and December 11, 2021. These are associated with 8 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 1:2021cv00632 — AQUALLIANCE v. UNITED STATES BUREAU OF RECLAMATION

   • December 8, 2021: MEMORANDUM OPINION re [24] Order on Motions for summary judgment. Signed by Judge James E. Boasberg on 12/8/2021. (lcjeb3)
2. ID 1:2021cv00219 — Western Watersheds Project v. National Park Service

   • December 8, 2021: MEMORANDUM DECISION AND ORDER. NPSs Motion to Transfer (Dkt. [7] ) is GRANTED; The Clerk of the Court shall take the steps necessary to transfer this case to theUnited States District Court for the District of Utah. Signed by Judge David C. Nye. (alw)
3. NYS 1:2021cv07052 — First Look Institute, Inc. et al v. U.S. Immigration and Customs Enforcement

   • December 7, 2021: ORDER: Defendant's Production Schedule. No later than December 20, 2021, defendant shall produce the second five-minute segment of the 59-minute video at issue in this FOIA action (the Video). Thereafter, defendant shall produce the remainder o f the Video in three equal segments: one-third no later than January 19, 2022; one-third no later than February 18, 2022; and the final one-third no later than March 18, 2022. Defendant shall ensure that each segment begins immediately after the pr eviously-produced segment; that is, that there are no gaps or missing frames between segments. If defendant determines that it cannot adhere to the production schedule outlined above, it shall so advise the Court by letter no later than December 20, 2021. The Court will then schedule an evidentiary hearing in January 2022 to assess defendant's contention, at which defendant will be required to produce a witness with personal knowledge of the claimed difficulties. The Court will hold a status and scheduling conference on April 7, 2022, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. In advance of the conference, the parties shall submit a joint status update letter, no later than March 31, 2022. (Status Conference set for 4/7/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/7/2021) (rro)
4. NYS 1:2021cv08427 — Torres v. U.S. Department of Justice

   • December 6, 2021: ORDER TO AMEND: Plaintiff is granted leave to file a second amended complaint that complies with the standards set forth above. Plaintiff must submit the second amended complaint to this Court's Pro Se Intake Unit within thirty days of the dat e of this order, caption the document as a "Second Amended Complaint," and label the document with docket number 21-CV-8427 (LTS). A Second Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintif f fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the amended complaint will be dismissed for failure to state a claim upon which relief may be granted. The Court certifies under 28 U.S.C. § 1915( a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 12/6/2021) (sac) Transmission to Docket Assistant Clerk for processing.
5. NYS 1:2021cv08440 — Project South et al v. United States Immigration and Customs Enforcement et al

   • December 10, 2021: ORDER granting [26] Letter Motion to Adjourn Conference. Application GRANTED. The initial case management conference scheduled for January 4, 2022 (Dkt. No. 23) is adjourned to February 3, 2022 at 11 a.m., in Courtroom 20A, 500 Pearl Street, New York, New York. Initial Conference set for 2/3/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 12/10/2021) (ate)
6. NYW 1:2019cv00001 — Pickering v. U. S. Department of Justice

   • December 7, 2021: DECISION and ORDER granting [23] Defendant's Motion for Summary Judgment. The Clerk of Court is directed to close the file. SO ORDERED. Signed by Hon. Leslie G. Foschio on 12/7/2021. (TAH) -CLERK TO FOLLOW UP-
7. WAW 2:2015cv00369 — Microsoft Corporation v. Internal Revenue Service

   • December 6, 2021: ORDER re Defendant's [55] Unopposed Motion for Extension of Time. The Court extends the deadline for filing a motion for summary judgment up to and including 1/28/2022. Signed by Judge Ricardo S. Martinez. (SB)
8. WAW 2:2015cv01605 — Microsoft Corporation v. Internal Revenue Service

   • December 6, 2021: ORDER re Defendant's [42] Unopposed Motion for Extension of Time. The deadline for filing a motion for summary judgment is extended up to and including 1/28/2022. Signed by Judge Ricardo S. Martinez. (SB)