FOIA Activity: 10 New Procedural or Substantive Decisions

We have added 10 decisions of a procedural or substantive nature filed between August 24, 2014 and August 30, 2014. These are associated with 9 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 2:2012cv02601 — Truthout v. Department of Justice

   • August 29, 2014: ORDER signed by Judge Lawrence K. Karlton on 8/29/2014 DIRECTING defendant United States Department of Justice to electronically file under seal an unredacted version of the in camera, ex parte declaration of David Hardy within 14 days from this order. To this end, a pdf version of the unredacted declaration should be emailed to ApprovedSealed@caed.uscourts.gov. (Donati, J)
2. CAN 3:2012cv05074 — Center on Race Poverty & The Environment v. United States Environmental Protection Agency

   • August 26, 2014: ORDER re Vaughn Index. Signed by Judge Laurel Beeler on 8/26/2014. (lblc1S, COURT STAFF) (Filed on 8/26/2014)
3. CAN 4:2012cv00164 — Electronic Frontier Foundation v. U.S. Department of Transportation

   • August 28, 2014: ORDER Granting Continuance of Case Management Conference Re Joint Case Management Statement (26 in 4:12-cv-05581-CW and 42 in 4:12-cv-00164-CW). Case Management Statement due by 9/24/2014; Case Management Conference set for 10/1/2014 02:00 PM. Signed by Judge Claudia Wilken on 8/28/2014. (ndr, COURT STAFF) (Filed on 8/28/2014)
4. DC 1:2012cv01220 — GAMBOA v. EXECUTIVE OFFICE OF U.S. ATTORNEY et al

   • August 26, 2014: MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 08/25/14. (tb, )
5. DC 1:2014cv00476 — ELKINS v. FEDERAL AVIATION ADMINISTRATION

   • August 28, 2014: MEMORANDUM OPINION re [23] Order. Signed by Judge James E. Boasberg on 08/28/14. (lcjeb1)
6. NYS 1:2004cv04151 — American Civil Liberties Union et al v. Department of Defense et al

   • August 27, 2014: ORDER AND OPINION GRANTING, IN PART, PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT re: [493] SEVENTH MOTION for Partial Summary Judgment by Plaintiffs filed by Americ an Civil Liberties Union, [495] MOTION for Summary Judgment filed by Department of Defense, Department of the Army. As set forth within, plaintiffs' motion is granted in part and the government's motion is denied. Counsel shall atte nd a conference at 3 p.m. on September 8, 2014. The Clerk mark the motions (Doc. Nos. 493 and 495) terminated. The case shall remain open for two issues: the issue discussed in this Order and Opinion and the issue of fees and allowances. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/27/2014) (ajs)
7. PAE 2:2012cv04839 — SAMAHON v. FEDERAL BUREAU OF INVESTIGATION et al

   • August 25, 2014: MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/25/2014. 8/25/2014 ENTERED AND COPIES E-MAILED.(sg, )
   • August 25, 2014: ORDERED THAT DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT (ECF NO. [23] ) AND SECOND SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT (ECF NO. [35] ) ARE DENIED. IT IS FURTHER ORDERED THAT PLAINTIFF'S RENEWED MOTION FOR SUMMARY JUDGMENT (ECF NO. [27] ) AND THIRD MOTION FOR SUMMARY JUDGMENT (ECF NO. [38] ) ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: 1. THE FBI'S FAILURE TO PROVIDE PLAINTIFF WITH AN UNREDACTED VERSION OF THE DELOACH MEMORANDUM IS DECLARED UNLAWFUL; 2. THE FBI IS ORDERED TO PROMPTLY PROVIDE PLAINTIFF WITH AN UNREDACTED VERSION OF THE DELOACH MEMORANDUM; 3. THE FBI'S CATEGORICAL DENIAL OF PLAINTIFF'S REQUEST FOR FBI FILE NO. 62-HQ-110654 IS DECLARED UNLAWFUL; 4. THE FBI IS ORDERED TO REVIEW FBI FILE NO. 62-HQ-110654 AGAIN IN LIGHT ON THE COURT'S RULING AND TO RELEASE TO PLAINTIFF ANY REASONABLY SEGREGABLE, NONEXEMPT MATERIAL CONTAINED WITHIN THE FILE; 5. PLAINTIFF'S REQUEST FOR INJUNCTIVE RELIEF COMPELLING THE FBI TO PRODUCE THE ENTIRETY OF FBI FILE NO. 62-HQ-110654 IS DENIED; 6. ANY ADDITIONAL RELIEF SOUGHT UNDER THE ADMINISTRATIVE PROCEDURE ACT IS DENIED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/25/2014. 8/25/2014 ENTERED AND COPIES E-MAILED.(sg, )
8. SC 6:2014cv02541 — Myers v. Stephens et al

   • August 27, 2014: OPINION and ORDER RULING ON REPORT AND RECOMMENDATION for [19] Report and Recommendation, DISMISSING Defendants David C. Stephens, Assistant US Attorney, William N. Nettles, US Attorney for S.C., and Eric Holder, Jr., US Attorney General without prejudice and without issuance and service of process. Signed by Honorable Henry M Herlong, Jr on 8/27/14. (sfla)
9. UT 2:2008cv00788 — Trentadue v United States Central Intelligence Agency

   • August 26, 2014: MEMORANDUM DECISION and Order Setting Evidentiary Hearing on Witness Tampering Allegations-granting [191] Motion to Strike ; denying [203] Motion to Strike ; ( Form due by 9/10/2014., Evidentiary Hearing set for 11/13/2014 1 0:00 AM in Rm 8.100 before Judge Clark Waddoups, with the possibility of extending to 11/14/14 if necessary) See Order for details. Signed by Judge Clark Waddoups on 8/26/14. Court Address: NEW COURTHOUSE – 351 South West Temple, Salt Lake City, Utah(jmr) Modified on 8/27/2014 took out text regarding form due (jmr).