FOIA Activity: 12 New Procedural or Substantive Decisions

We have added 12 decisions of a procedural or substantive nature filed between February 16, 2020 and February 22, 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. AZ 2:2019cv04665 — Fair Market Housing Coalition v. United States Department of the Interior

   • February 19, 2020: ORDER – IT IS HEREBY ORDERED adopting the Report and Recommendation of the Magistrate Judge. (Doc. [10] ) IT IS FURTHER ORDERED dismissing without prejudice the Complaint pursuant to Federal Rule of Civil Procedure 41(b). (Doc. [1] ) IT IS FURTHER ORDERED directing the Clerk of Court to terminate this case. (See document for complete details). Signed by Senior Judge Stephen M McNamee on 2/19/20. (SLQ)
2. CAS 3:2019cv00495 — Aguirre v. United States Nuclear Regulatory Commission et al

   • February 19, 2020: ORDER Granting Defendant's Motion for Summary Judgment (ECF No. [10] ). The Court also denies Defendants Ex Parte Motion for Leave to File Supplemental Reply, (ECF No. [17] ). The Clerk is instructed to close the case. Signed by Judge Cynthia Bashant on 2/19/20. (jmo) (dlg).
3. CAS 3:2019cv00587 — Aguirre v. United States Nuclear Regulatory Commission et al

   • February 18, 2020: ORDER granting Defendant's [12] Motion for Summary Judgment. Signed by Judge Cynthia Bashant on 2/18/20. (dlg)
4. CAS 3:2019cv01102 — Aguirre v. United States Nuclear Regulatory Commission et al

   • February 18, 2020: ORDER Granting [7] Motion to Dismiss. Any amended complaint must be filed within 21 days of the date of this order. Failure to file an amended complaint by this time will result in this case being dismissed. Signed by Judge Cynthia Bashant on 2/18/20. (dlg)
5. CAS 3:2019cv01699 — Gulyas v. Kaiser

   • February 19, 2020: ORDER Dismissing Complaint and Closing Case. Signed by Judge Cynthia Bashant on 2/19/20.(All non-registered users served via U.S. Mail Service)(jmo) (dlg).
6. DC 1:2016cv02517 — LEOPOLD et al v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE et al

   • February 18, 2020: MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 2-18-2020. (lcckk3)
7. DC 1:2018cv00764 — VIZCARRA CALDERON v. U.S. DEPARTMENT OF HOMELAND SECURITY et al

   • February 18, 2020: MEMORANDUM OPINION re: ( 31 filed in 18-cv-764) Order. Signed by Judge Christopher R. Cooper on 02/18/2020. Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC (lctd)
8. NYS 1:2017cv08153 — Behar v. U.S. Department of Homeland Security

   • February 19, 2020: ORDER: Oral argument regarding the parties' motions for summary judgment [17-cv-8153, DI 54, 58] will be heard on March 3 at 10:30 A.M. SO ORDERED. (Oral Argument set for 3/3/2020 at 10:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 2/19/2020) (jca)
9. NYS 1:2019cv00234 — Open Society Justice Initiative v. Central Intelligence Agency et al

   • February 19, 2020: ORDER: The Court grants the Government's request in order to allow the Government time to supplement the CIAs search, as described in the Government's February 18, 2020 letter, and to ensure that the CIA has captured all responsive records. As a result, the remaining briefing schedule is as follows: The Government's brief containing its reply and its opposition to plaintiff's motion for summary judgment is due March 10, 2020, four weeks from the date of the Government's original request for an extension; and Plaintiff's reply brief is due March 31, 2020. (Set Deadlines/Hearing as to (111 in 1:19-cv-00234-PAE) MOTION for Summary Judgment, (123 in 1:19-cv-00234-PAE) CROSS MOTION for Summary Judgment / Notice of Cross-Motion for Summary Judgment , (95 in 1:19-cv-01329-PAE) CROSS MOTION for Summary Judgment: Responses due by 3/10/2020, Replies due by 3/31/2020.) (Signed by Judge Paul A. Engelmayer on 2/19/2020) Filed In Associated Cases: 1:19-cv-00234-PAE, 1:19-cv-01329-PAE (jwh)
10. NYS 1:2019cv05640 — The New York Times Company et al v. Food and Drug Administration

    • February 19, 2020: ORDER granting [13] JOINT LETTER MOTION to Adjourn Conference. The Application is granted. The Conference is adjourned to April 2, 2020 at 10:00 a.m. SO ORDERED. Initial Conference set for 4/2/2020 at 10:00 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 2/19/2020) (jca)
11. OHS 3:2016cv00021 — DeWitt v. Commissioner of the Internal Revenue Service

    • February 21, 2020: ORDER ADOPTING REPORT AND RECOMMENDATIONS – It is ordered the Report and Recommendations docketed on January 27, 2020 [38] is ADOPTED in full, the Government's Motion to Dismiss, or Alternatively for Summary Judgment [28] is GRANTED and summary judgment is entered in the Government's favor and against Plaintiff; and the case is terminated on the Court's docket. Signed by Judge Thomas M. Rose on 2-21-2020. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
12. WAW 2:2018cv01141 — The Human Rights Defense Center et al v. U.S. Department of Homeland Security et al

    • February 18, 2020: MINUTE ORDER: The parties' second stipulated motion, docket no. [25] , to continue the trial date and related deadlines is GRANTED. The trial date and related deadlines are CONTINUED as follows: Bench Trial (1 day) is set for 4/26/2021 befor e Judge Thomas S. Zilly. Plaintiffs' dispositive motion due by 12/18/2020, Defendants' consolidated cross-motion and response to Plaintiffs' motion due by 1/15/2021, Plaintiffs' consolidated response and reply due by 2/12/2021, Defendants' reply due by 2/26/2021. Plaintiffs' motion and defendants' cross-motion shall both be noted for 2/26/2021, Trial Briefs and Agreed Pretrial Order due by 4/12/2021, Proposed Findings of Fact and Conclusions of Law to be submitted by 4/12/2021, Pretrial Conference set for 4/16/2021 at 01:30 PM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MW)