FOIA Activity: 8 New Procedural or Substantive Decisions

We have added 8 decisions of a procedural or substantive nature filed between May 10, 2020 and May 16, 2020. 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. CAN 3:2019cv06150 — Ecological Rights Foundation v. United States Air Force

   • May 11, 2020: ORDER OF DISMISSAL. Signed by Judge Vince Chhabria on 5/11/2020. (knm, COURT STAFF) (Filed on 5/11/2020)
2. CAS 3:2017cv01418 — Reyes v. United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency

   • May 11, 2020: ORDER Granting [25] Defendant's Motion for Summary Judgment. Signed by Judge John A. Houston on 5/11/2020. (All non-registered users served via U.S. Mail Service) (tcf)
3. CAS 3:2017cv01571 — Reyes v. United States Department of the Interior, Bureau of Indian Affairs et al

   • May 11, 2020: ORDER Granting [38] Defendants' Motion for Summary Judgment. Signed by Judge John A. Houston on 5/11/2020. (All non-registered users served via U.S. Mail Service) (tcf)
4. CAS 3:2017cv01612 — Reyes v. United States Department of the Interior, Bureau of Indian Affairs et al

   • May 11, 2020: ORDER Granting [29] Defendants' Motion for Summary Judgment. IT IS HEREBY ORDERED: 1. Defendants' motion for summary judgment is GRANTED; 2. Plaintiff's application for an extension of time (Doc. No. [31] ) is DENIED as moot. Signed by Judge John A. Houston on 5/11/2020. (All non-registered users served via U.S. Mail Service) (tcf)
5. DC 1:2007cv02050 — BLOCHE et al v. DEPARTMENT OF DEFENSE et al

   • May 14, 2020: MEMORANDUM OPINION granting in part and denying in part [121] Defendants' renewed motion for partial summary judgment. See document for details. Signed by Judge Rudolph Contreras on 05/14/2020. (lcrc3)
6. NYS 1:2020cv00900 — Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency

   • May 14, 2020: ORDER granting [15] Letter Motion to Adjourn Conference. The Court hereby so-orders all deadlines proposed above. Accordingly, there is no need to hold an initial pretrial conference. The May 20, 2020 conference is hereby cancelled. If necessary, the parties are invited to reach out to the Court to schedule another conference. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/14/2020) (mml)
7. NYS 1:2020cv02283 — The Legal Aid Society v. United States Department of Housing and Urban Development

   • May 15, 2020: ORDER: The following is HEREBY ORDERED: 1. On the day the United States Department of Housing and Urban Development ("HUD") makes its determination with respect to Plaintiff's fee waiver request, counsel for HUD shall file a let ter electronically on ECF advising the Court that a decision has been made and attaching a copy of that decision. 2. The Government represented that a decision on Plaintiff's fee waiver request will be made and conveyed no later than May 27, 2020. Accordingly, by no later than 5:00 p.m. on May 29, 2020 or 5:00 p.m. two business days after HUD makes its decision on the fee waiverwhichever is earlierPlaintiff shall submit a letter-brief setting forth any arguments for the Court to con sider with respect to HUD's decision and any relief requested with respect to that issue. No later than 5:00 p.m. three business days following Plaintiff's submission, HUD shall file an opposition. No later than two business days foll owing the submission of HUD's opposition, Plaintiff shall file a reply. 3. A telephonic status conference and argument with respect to the issue of the fee waiver request is SET for June 8, 2020 at 3:00 p.m. Parties are directed to call (888) 251-2909 and use access code 2123101. 4. The Government represented that HUD would complete the review of 8,000 documents reflecting communications between HUD and the White House by June 12, 2020, but that it could not commit to a date for the production of those documents or any documents exchanged with the White House because the documents required review for executive privilege and HUD had no control over when the White House would review the documents. The Government has the right to withhold documents subject to a valid claim of executive privilege, but the Government here seems to be claiming that it has an open-ended right to defer production of documents until whenever the White House decides to undertake and com plete the executive privilege review. The Court needs legal briefing on this issue. Accordingly, by no later than 5:00 p.m. on May 20, 2020, the parties shall submit letter-briefs addressed to the question whether the Court may order an agency s ued under FOIA for its failure to timely respond to a FOIA request to produce responsive documents responsive to a FOIA request by a date certain notwithstanding that the documents must, before production, undergo executive privilege review with t he White House. The question, in effect, asks whether a court may impose a time limit on executive privilege review. 5. The Government also and separately represented that it would not be able to review and process the remaining 2,000 or so HUD- White House documents during the period from approximately June 12, 2020, to July 15, 2020, because of a migration of its review platform from one system to another. In addition, the Government represented that during that migration from one platf orm to another, HUD would cease the review of any documents requested pursuant to FOIA by any requestor for a period of at least one month (and perhaps longer depending on the time the migration takes). Accordingly, the letter briefs to be submit ted by no later than 5:00 p.m. on May 20, 2020 shall also address the question whether it is lawful for an agency subject to FOIA to cease its review and production of all documents required to be produced pursuant to FOIA for a period of a month or longer. 6. No later than 5:00 pm. on May 20, 2020, counsel for HUD shall submit a particularized affidavit, or affidavits, from someone or persons with knowledge, supporting the proposition that approximately 2,000 documents relating to HUD c ommunications with the White House cannot be reviewed by June 12, 2020 without causing technological system shut-down. SO ORDERED. ( Telephone Conference set for 6/8/2020 at 03:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/15/2020) (va)
8. PAW 2:2011cv00916 — DEGENES v. MUELLER et al

   • May 11, 2020: MEMORANDUM OPINION setting forth the reasons the motions to reopen [69] 70 [72] and motion for appointment of counsel [71] will be DENIED. An appropriate order will be entered. Signed by Judge Joy Flowers Conti on 5/11/2020. (kjm)