FOIA Activity: 18 New Procedural or Substantive Decisions

We have added 18 decisions of a procedural or substantive nature filed between September 25, 2016 and October 1, 2016. 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. ARW 1:2016cv01050 — Carter v. USDA et al

   • September 30, 2016: ORDER adopting in part Report and Recommendations re [5] ; ORDER REFERRING CASE to Honorable Barry A. Bryant re Motion for Service as it relates to FOIA appeal #2015-FNS-00207-A. Signed by Honorable Susan O. Hickey on September 30, 2016. Motions referred to Honorable Barry A. Bryant.(cnn)
2. CAC 2:2015cv01740 — Osvaldo Rosa v. United States of America

   • September 29, 2016: ORDER DENYING PLAINTIFFS MOTION TO JOIN REAL PARTY OF INTEREST AND DISMISSING CASE [20] by Judge Dean D. Pregerson: On September 23, one day after the deadline, the court issued an Order dismissing the action with prejudice for failure to comply wit h the courts August 8 Order. (Dkt. 17.) However, it now appears that Plaintiff timely submitted a response to the courts August 8 Orderbut the court did not receive the response until after the deadlinedue to a clerical error. (See Dkt. 20.) Accordin gly, the court VACATES its September 23, 2016 dismissing the action. (See Dkt. 19.) Having reviewed Plaintiffs response, entitled Plaintiffs Motion to Join Party of Real Interest, the court concludes that the action must nonetheless be DISMISSED. (lc). Modified on 9/29/2016. (lc).
3. CAN 3:2016cv02041 — Electronic Frontier Foundation v. United States Department of Justice

   • September 29, 2016: ORDER by Judge Haywood S. Gilliam, Jr. Granting [30] Stipulation Regarding Page Limits on Briefs. (ndrS, COURT STAFF) (Filed on 9/29/2016)
4. CAN 3:2016cv02765 — Rosiere v. United States of America

   • September 27, 2016: ORDER TRANSFERRING CASE TO DISTRICT OF NEVADA. Signed by Magistrate Judge Laurel Beeler on 9/27/2016. (lsS, COURT STAFF) (Filed on 9/27/2016)
5. DC 1:2013cv00823 — HALL & ASSOCIATES v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

   • September 27, 2016: MEMORANDUM AND OPINION re [42] Plaintiff's motion for attorney fees and [47] Plaintiff's motion for reconsideration. Signed by Judge Tanya S. Chutkan on 9/27/2016. (lctsc2)
6. DC 1:2014cv02056 — PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY REGION 9

   • September 30, 2016: MEMORANDUM OPINION granting in part and denying in part [18] Defendants motion for summary judgment and denying [20] Plaintiffs cross-motion for summary judgment. See document for details. Signed by Judge Rudolph Contreras on 9/30/2016. (lcrc3)
7. DC 1:2015cv00464 — VETERANS FOR A STRONG AMERICA et al v. DEPARTMENT OF STATE

   • September 30, 2016: MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 9/30/2016. (lcrmc3)
8. DC 1:2015cv01012 — PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

   • September 30, 2016: MEMORANDUM OPINION re: [14] Defendant's Motion for Summary Judgment and [16] Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 9/30/2016. (lccrc1)
9. DC 1:2015cv01515 — BURWELL v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS

   • September 28, 2016: MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 09/27/16. (tb)
10. DC 1:2015cv01605 — BYERS v. UNITED STATES TAX COURT

    • September 30, 2016: MEMORANDUM OPINION granting [5] Defendants motion to dismiss. See document for details. Signed by Judge Rudolph Contreras on 9/30/2016. (lcrc3)
11. DC 1:2015cv01698 — LANDMARK LEGAL FOUNDATION v. U.S. DEPARTMENT OF JUSTICE

    • September 30, 2016: MEMORANDUM AND OPINION: Re Defendant's [6] Motion to Dismiss in Part. Signed by Judge Tanya S. Chutkan on 9/30/2016. (lctsc3)
12. DC 1:2015cv01983 — JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY

    • September 29, 2016: MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 09/29/16. (tb)
13. INN 1:2014cv00269 — Tunnell v. U.S. Department of Defense

    • September 30, 2016: OPINION AND ORDER granting [29] Motion for Summary Judgment. The Clerk is DIRECTED to enter a judgment in favor of the DoD and against Tunnell. Signed by Magistrate Judge Susan L Collins on 9/30/2016. (rmc)
14. MIE 2:2015cv11616 — Powell v. Internal Revenue Service

    • September 30, 2016: OPINION AND ORDER Adopting [36] Report and Recommendation, Granting [29] Motion to Dismiss filed by Internal Revenue Service. Signed by District Judge Paul D. Borman. (DTof)
15. NCE 5:2014cv00170 — Melvin v. The Social Security Administration of the United States of America et al

    • September 26, 2016: ORDER denying [132] Motion to Alter Judgment, [136] Motion for Sanctions and [144] Motion for Partial Summary Judgment; granting [153] Motion to Seal Document; and, denying as moot [155] Motion for Extension of Time to File. Signed by Senior Judge James C. Fox on 9/26/2016. Copy sent to Pamela Melvin, 4949 Fieldcrest Drive, Fayetteville, NC 28303 via US Mail. (Grady, B.)
16. NYS 1:2013cv07347 — American Civil Liberties Union et al v. United States Department of Justice

    • September 27, 2016: MEMORANDUM OPINION AND ORDER re: [52] MOTION for Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation, [47] MOTION for Summary Judgment filed by United States Department of Justice. For the reasons stated above, DOJ's motion for summary judgment is GRANTED IN PART and DENIED IN PART without prejudice. The ACLU's cross-motion is GRANTED insofar as it challenges the adequacy of DOJ's Vaughn submissions on behalf of EOU SA and with respect to NSD Doc. No. 7, and is otherwise DENIED. The denial of the ACLU's motion is without prejudice to the extent that the motion challenges the withholding of documents by EOUSA and NSD Doc. No. 7. DOJ is directed to submit rev ised Vaughn submissions addressing the documents withheld by EOUSA and NSD Doc. No. 7 and a segregability analysis addressing the NSD documents the Court has found to be within the scope of Exemption 5, along with a renewed motion for partial summary judgment no later than November 14, 2016. The ACLU may file a renewed cross-motion for summary judgment with respect to the documents withheld by EOUSA and NSD Doc. No. 7 no later than 30 days from the date of service of DOJ's renewed motion. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 47 and 52. (As further set forth in this Order.) (Motions due by 11/14/2016.) (Signed by Judge Gregory H. Woods on 9/27/2016) (kko)
17. OKN 4:2015cv00523 — Bristow First Assembly of God et al v. BP p.l.c. et al

    • September 28, 2016: OPINION AND ORDER by Judge Terence Kern ; granting in part and denying in part [26] Motion to Dismiss; denying [36] Motion to Remand (lmc, Chambers)
18. WAE 1:2016cv03109 — RCB International, Ltd. v. Labbeemint, Inc.

    • September 27, 2016: ORDER DENYING DEFENDANT'S 12(b)(6) MOTION TO DISMISS. Denying [34] Motion to Dismiss for Failure to State a Claim. Signed by Judge Stanley A Bastian. (SK, Case Administrator)