FOIA Activity: 8 New Procedural or Substantive Decisions

We have added 8 decisions of a procedural or substantive nature filed between December 11, 2016 and December 17, 2016. 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. CAE 2:2015cv01590 — Lowery v. National Transportation Safety Board, et al

   • December 12, 2016: ORDER MODIFYING Status (Pretrial Scheduling) Ordersigned by Senior Judge William B. Shubb on 12/9/2016 ORDERING The depositions of George Anderson and Frank Gattolin for preservation of evidence shall be completed no later than 2/22/2017; any motion relating to such discovery must be noticed on the magistrate judge's hearing calendar in accordance with the local rules of this court and so that such motions may be heard not later than 2/22/2017; plaintiff shall file his opposition to defend ants' motion and his cross-motion for summary judgment no later than 3/23/2017; defendants shall file their reply in support of their motion and opposition to plaintiff's cross-motion no later than 4/25/2017; and plaintiff shall file his reply in support of his cross-motion no later than 5/16/2017; Oral argument on the cross-motions for summary judgment is set on 6/12/2017 at 1:30 p.m., before the Hon. William B. Shubb in Courtroom No. 5. (Reader, L)
2. DC 1:2012cv01088 — FREEDOM WATCH, INC. v. NATIONAL SECURITY AGENCY et al

   • December 12, 2016: MEMORANDUM OPINION re: Defendant U.S. Department of State's [52] Motion for Summary Judgment; Plaintiff's 56 Motion for Discovery; and Plaintiff's [61] Motion for Discovery. Signed by Judge Christopher R. Cooper on 12/12/2016. (lccrc1)
3. DC 1:2016cv00871 — CAUSE OF ACTION INSTITUTE v. EGGLESTON et al

   • December 15, 2016: MEMORANDUM OPINION re [22] Order Granting Defendants' Partial Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on 12/15/2016. (lcckk3)
4. LAE 2:2015cv02540 — Gahagan v. United States Citizenship & Immigration Services

   • December 12, 2016: ORDER & REASONS granting [39] Motion to Strike. Defendant shall have 30 days from the date of this order to submit any supplemental affidavits consistent with this order. Signed by Judge Sarah S. Vance on 12/12/2016. (mmm)
5. LAE 2:2016cv15438 — Gahagan v. United States Citizenship and Immigration Services

   • December 14, 2016: ORDER AND REASONS: ORDERED that the plaintiff' s [6] Motion for Summary Judgment in GRANTED in part in so far as the Court finds that the USCIS's search for the requested record was inadequate. FURTHER ORDERED that another search of the C LAIMS system shall be conducted and, within five days, counsel for USCIS shall submit supplemental papers and a supplemental declaration as further explained in document. FURTHER ORDERED that not later than 5:00 p.m. twenty-four hours from receipt of this Order and Reasons, counsel for USCIS shall produce to the plaintiff the unredacted recreated Receipt Notice and shall certify compliance in the record. FURTHER ORDERED that the remaining issue raised by the plaintiff's motion for summary is under submission pending USCIS's forthcoming submission. Signed by Judge Martin L.C. Feldman on 12/14/16. (clc)
6. MT 9:2016cv00101 — Alliance for the Wild Rockies v. United States Bureau of Reclamation et al

   • December 12, 2016: ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Dana L. Christensen on 12/12/2016. (ASG)
7. NV 2:2016cv00403 — Basin and Range Watch v. Bureau Of Land Management et al

   • December 15, 2016: ORDER Granting [34] Stipulation for Extension of Time to Respond re [32] MOTION to Reopen Discovery.( Responses due by 1/9/2017., Replies due by 1/23/2017.) Signed by Magistrate Judge Peggy A. Leen on 12/15/16. (Copies have been distributed pursuant to the NEF – ADR)
8. NYS 1:2015cv00830 — Zamora v. U.S. Commodities Futures and Exchange Commission

   • December 13, 2016: ORDER for [12] Report and Recommendations: Having received no objections to Magistrate Judge Gabriel W. Gorenstein's November 15, 2016 report and recommendation, the Court reviewed the recommendation and found no "clear error on the fa ce of the record." Walker v. Vaughn, 216 F. Supp. 2d 290, 292 (S.D.N.Y. 2002) (quoting Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001)) (internal quotation marks omitted). Judge Gorenstein recommends that the Court dismiss this case without prejudice pursuant to Federal Rule of Procedure 4(m). As Judge Gorenstein explains, Plaintiff failed to properly serve Defendant and failed to respond to the Court's order to show cause as to why the case should not be dismissed. The Court accepts and adopts the thorough and well-reasoned report and recommendation. Accordingly, the case is DISMISSED without prejudice pursuant to Rule 4(m). The Clerk of Court is directed to close the case. (Signed by Judge Analisa Torres on 12/13/2016) (tn)