FOIA Activity: 12 New Procedural or Substantive Decisions

We have added 12 decisions of a procedural or substantive nature filed between January 26, 2020 and February 1, 2020. These are associated with 12 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. CAC 2:2019cv09081 — Danny Fabricant v. Department of Justice

   • January 27, 2020: MINUTES OF IN CHAMBERS – ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 2/14/2020 why this action should not be dismissed for la ck of prosecution. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed if a written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Not Reported. (gk)
2. CAE 1:2019cv01218 — Mertes v. Internal Revenue Service

   • January 31, 2020: JOINT STIPULATION AND ORDER signed by District Judge Anthony W. Ishii on 01/31/2020. (Gonzales, V)
3. CAE 2:2019cv00415 — KXTV, LLC v. United States Citizenship and Immigration Services

   • January 31, 2020: ORDER signed by District Judge John A. Mendez on 1/30/2020 EXTENDING BRIEFING SCHEDULE as follows: Defendant USCIS's Reply In Support of Its Motion for Summary Judgment new date is 2/7/2020. Plaintiff's Sur-reply (Optional) New date is 2/17/2020. (Mena-Sanchez, L)
4. DC 1:2017cv01197 — ALLEN v. DEPARTMENT OF JUSTICE et al

   • January 29, 2020: MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 1/29/20. (ms)
5. DC 1:2018cv00575 — SCHAERR v. UNITED STATES DEPARTMENT OF JUSTICE et al

   • January 28, 2020: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 1/28/2020. (lcabj2)
6. DC 1:2019cv01552 — CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE

   • January 31, 2020: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 1/31/2020. (lcabj3)
7. DC 1:2019cv03743 — KINARD v. TRUMP et al

   • January 30, 2020: MEMORANDUM OPINION Signed by Judge Amit P. Mehta on 1/29/2020. (zrdj)
8. NYS 1:2017cv03391 — American Civil Liberties Union et al v. Department of Defense et al

   • January 27, 2020: OPINION & ORDER: For the foregoing reasons, the ACLU's motion for summary judgment is denied except as to CENTCOM/027-030 and JS/057-058, and the Government's motion for summary judgment is granted except as to CENTCOM/027-030 and JS/057-0 58. The Government is directed to provide those two records for secure in camera review by February 13, 2020. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 111 and 117. SO ORDERED.. Motions terminated: [117 ] CROSS MOTION for Summary Judgment Against Defendants Department of State and Department of Defense , filed by American Civil Liberties Union, American Civil Liberties Union Foundation; [111] MOTION for Summary Judgment , filed by Department of Defense, Department of State, Central Intelligence Agency. (Signed by Judge Paul A. Engelmayer on 1/27/2020) (va)
9. NYS 1:2019cv01574 — The Innocence Project, Inc. v. National Museum of Health and Medicine et al

   • January 31, 2020: ORDER re: [45] Order on Motion to Seal Document. The Court previously ordered Plaintiff to give notice to the author and subject of a particular document, which may be subject to the Privacy Act, that Plaintiff seeks unrestricted disclosure of the document. Dkt. No. 45. The Court has now received a letter from the author of the document opposing its unrestricted disclosure. This letter will be filed under seal. Pursuant to the Court's Order of October 31, 2019, Plaintiff has until Februa ry 7, 2020 to file Reply briefing. Dkt. No. 45. Chambers will mail a copy of this Order to the author of the document. SO ORDERED. (Reply to Response to Brief due by 2/7/2020.) (Signed by Judge Alison J. Nathan on 1/31/2020) Copies Mailed By Chambers. (kv)
10. NYS 1:2019cv05222 — Pro Publica, Inc. v. United States Department of Homeland Security

    • January 28, 2020: ORDER: It having been reported to this Court that an agreement has been or will be reached in this case, it is hereby ORDERED that the above-captioned action is discontinued without costs and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/28/2020) (jca)
11. NYS 1:2019cv10235 — Informed Consent Action Network v. United States Food and Drug Administration

    • January 28, 2020: ORDER granting [8] Letter Motion to Adjourn Conference. 1. The 2/3/20 Conference is adjourned sine die. 2. Status reports every 3 months is sufficient unless a problem arises. SO ORDERED. (Signed by Judge John G. Koeltl on 1/28/2020) (ks)
12. OHS 3:2016cv00021 — DeWitt v. Commissioner of the Internal Revenue Service

    • January 27, 2020: REPORT AND RECOMMENDATIONS: 1) The Government's Motion to Dismiss, or Alternatively for Summary Judgment [28] be GRANTED and summary judgment be entered in the Government's favor and against Plaintiff; and 2) The case be terminated on the docket of the Court. Objections to R&R due by 2/10/2020. Signed by Magistrate Judge Sharon L. Ovington on 1-27-20. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)