FOIA Activity: 12 New Procedural or Substantive Decisions

We have added 12 decisions of a procedural or substantive nature filed between May 3, 2020 and May 9, 2020. These are associated with 11 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. CAS 3:2018cv02736 — Buckovetz v. Department of the Navy

   • May 7, 2020: ORDER Granting [34] Defendant's Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Mitchell D. Dembin on 5/7/2020. (All non-registered users served via U.S. Mail Service)(mme)
2. DC 1:2018cv02567 — BUZZFEED, INC. et al v. FEDERAL BUREAU OF INVESTIGATION

   • May 7, 2020: MEMORANDUM OPINION regarding the defendant's [23] Motion for Summary Judgment and the plaintiffs' [25] Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on May 7, 2020. (lcbah3)
3. MOW 4:2019cv00493 — Talley v. U.S. Department of Labor

   • May 5, 2020: ORDER (1) GRANTING THE PARTIES' REQUESTS TO LIFT THE STAY, (2) LIFTING THE STAY, (3) DENYING PLAINTIFF'S OTHER REQUESTS FOR RELIEF, AND (3) DIRECTING THE PARTIES TO FILE DISPOSITIVE MOTIONS. Signed on 5/6/20 by District Judge Ortrie D. Smith. (Terminate Motions: #33, #44, #45, and #58.) (Matthes Mitra, Renea) Modified on 5/6/2020 to reflect Order was signed on 5/5/2020.(Matthes Mitra, Renea).
   • May 6, 2020: ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER ORDER REFUSING TO DISQUALIFY JUDGE SMITH. Signed on 5/6/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea)
4. MOW 4:2019cv00905 — Campo v. U.S. Department of Justice

   • May 6, 2020: ORDER (1) GRANTING THE PARTIES' REQUESTS TO LIFT THE STAY, (2) LIFTING THE STAY, (3) DENYING PLAINTIFF'S OTHER REQUESTS FOR RELIEF, (3) DIRECTING THE PARTIES TO FILE DISPOSITIVE MOTIONS, AND (4) DIRECTING DEFENDANT TO RESPOND TO PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS. Signed on 5/5/20 by District Judge Ortrie D. Smith.(Motions terminated: #15, #16, #18, and #20.) (Matthes Mitra, Renea)
5. NYS 1:2017cv03956 — Radar Online LLC v. Federal Bureau Of Investigation

   • May 6, 2020: ORDER granting [19] Letter Motion to Compel FBI to Produce Vaughn Index; denying [20] Letter Motion to Stay proceedings and opposition to Plaintiff's motion to compel. The Government's motion for a stay is denied. The Government's deadline to produce the Vaughn index is extended to July 1, 2020. The Clerk of Court is directed to terminate Dkt. Nos. 19, 20. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/6/2020) (jca)
6. NYS 1:2020cv00183 — New York Civil Liberties Union v. Administration for Children and Families et al

   • May 5, 2020: ORDER: Pursuant to the Court's Scheduling Order dated April 15, 2020 (ECF No. 25), the parties to this Freedom of Information Act ("FOIA") action appeared before the Court telephonically for an initial conference on April 29, 2020. Having heard from the parties at that conference and reviewed their pre-conference submissions, see ECF No. 24, the Court hereby ORDERS that: 1. Defendants shall process records potentially responsive to the FOIA request at issue i n this litigation, see ECF No. 8-2, at a rate of no less than 400 pages per month; 2. Beginning on May 15, 2020, and on a rolling basis every 30 days thereafter, Defendants shall release to Plaintiff all processed, responsive records; 3. Concurren t with each production required by this Order, Defendants shall advise Plaintiff via email of the total number of pages processed; 4. To the extent Defendants assert any privilege, exemption, or exclusion as to any responsive record or porti on thereof, Defendants shall, concurrent with each production required by this Order: a. Release a redacted version of the record, redacting only those portions as to which privilege, exemption, or exclusion is asserted; and b. As to each r edaction, identify any privileges, exemption, or exclusion asserted; 5. Any dispute between the parties with respect to the processing or production of records under this Order shall be governed by Rule 3.D. of the Court's Individual Rules of Practice in Civil Cases concerning discovery disputes; 6. This Order replaces the Order dated April 30, 2020, at ECF No. 27. (Signed by Judge Mary Kay Vyskocil on 5/5/2020) (mro)
7. NYS 1:2020cv02283 — The Legal Aid Society v. United States Department of Housing and Urban Development

   • May 6, 2020: ORDER: As discussed at the status conference today, IT IS HEREBY ORDERED for all counsel to appear for a telephonic status conference on May 15, 2020 at 11:30 a.m. Counsel are directed to call (888) 251-2909 and use access code 2123101. (Telephone Conference set for 5/15/2020 at 11:30 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/6/2020) (jwh)
8. OHS 3:2019cv00349 — Jarrell v. Army Review Boards Agency et al

   • May 5, 2020: REPORT AND RECOMMENDATIONS – IT IS THEREFORE RECOMMENDED THAT: 1. Defendants Motion to Dismiss (Doc # [10] ) be GRANTED; and 2. The case be terminated on the record of the Court. Objections to R&R due by 5/19/2020. Signed by Magistrate Judge Sharon L. Ovington on 5/5/2020. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
9. WAW 2:2018cv01396 — The University of Washington et al v. United States Department of Homeland Security et al

   • May 7, 2020: STIPULATION AND ORDER regarding Defendant ICE's Production of Forms I-213 re parties' [54] Stipulation. Signed by Judge Barbara J. Rothstein. (TH)
10. WAW 2:2018cv01442 — The Human Rights Defense Center et al v. U.S. Department of Health and Human Services et al

    • May 4, 2020: JOINT STATUS REPORT AND ORDER re [50] Stipulation. Joint Status Report due by 6/5/2020. Signed by Judge James L. Robart. (PM)
11. WAW 2:2019cv00887 — Northwest Environmental Advocates v. United States Environmental Protection Agency

    • May 7, 2020: ORDER re Parties' [22] Joint Motion for Entry of Order Setting Deadline. Joint Status Report due by 6/5/2020, notifying the Court of the status of the Parties' negotiations to settle NWEA's claim for attorneys' fees and costs. Signed by Judge Robert S. Lasnik.(PM)