Skip to content

FOIA Activity: 26 New Procedural or Substantive Decisions

by FOIA Project Staff on July 17th, 2020

We have added 26 decisions of a procedural or substantive nature filed between July 5, 2020 and July 11, 2020. These are associated with 23 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 2:2019cv09471 — Rashid El Malik v. Department of Veteran Affairs et al

    • July 8, 2020: MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: The Court GRANTS the motion to dismiss the FAC in its entirety [29] The Court DISMISSES the claims for lack of jurisdiction and without prejudice. This order closes the case. See document for details. ( MD JS-6. Case Terminated ) (smo)

  2. CAN 3:2019cv05603 — The Center for Investigative Reporting v. United States Department of Labor

    • July 6, 2020: ORDER by Judge Sallie Kim denying [25] Motion for Summary Judgment and granting Cross-Motion for Summary Judgment. (sklc1S, COURT STAFF) (Filed on 7/6/2020)
  3. CAN 3:2020cv02431 — Windom v. Drug Enforcement Administration et al

    • July 7, 2020: ORDER granting [2] Application to Proceed in Forma Pauperis; and ORDER TO SHOW CAUSE why complaint should not be dismissed. Response due by August 4, 2020. Case management conference continued to October 30, 3030. Signed by Chief Magistrate Judge Joseph C. Spero on July 7, 2020. (jcslc2S, COURT STAFF) (Filed on 7/7/2020) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
  4. CAN 3:2020cv02826 — Windom v. Environmental Protection Agency et al

    • July 7, 2020: ORDER granting [3] Application to Proceed in Forma Pauperis; and ORDER TO SHOW CAUSE why complaint should not be dismissed. Response due August 4, 2020. Case management conference continued to October 30, 2020. Signed by Chief Magistrate Judge Jo seph C. Spero on July 7, 2020. (Attachments: # 1 Exhibit: Order in DEA/ATF Case) (jcslc2S, COURT STAFF) (Filed on 7/7/2020) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 7/7/2020 (jcslc2S, COURT STAFF).
  5. DC 1:2019cv01421 — SNARR v. FEDERAL BUREAU OF PRISONS

    • July 6, 2020: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 7/6/2020. (lcabj2)
  6. DC 1:2020cv01196 — AMERICAN IMMIGRATION COUNCIL v. DEPARTMENT OF HOMELAND SECURITY et al

    • July 6, 2020: MEMORANDUM OPINION. Signed by Judge Thomas F. Hogan on July 6, 2020. (CR)
  7. KYW 1:2019cv00170 — Malone v. Department of the Treasury et al

    • July 6, 2020: MEMORANDUM OPINION AND ORDER by Chief Judge Greg N. Stivers on 7/6/2020. Plaintiff's Motion to Dismiss (DN [4] ) and Plaintiff's Motions to Compel (DNs [5] , [6] ) are DENIED. Defendants' Motion to Dismiss (DN [14] ) is GRANTED. All of Plaintiff's claims against Defendants are DISMISSED. The Clerk is directed to strike this matter from the active docket. cc: Counsel; Plaintiff, pro se(JWM)
  8. ME 2:2018cv00182 — AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION et al v. US DEPARTMENT OF HOMELAND SECURITY et al

    • July 6, 2020: MEMORANDUM DECISION AND ORDER ON OBJECTION TO PUBLIC RECORD REDACTIONS PURSUANT TO FOIA re [46] Objection to Redaction of Public Records. By MAGISTRATE JUDGE JOHN H. RICH III. (slg) Modified docket text per the court on 7/7/2020 (slg).
  9. MOW 4:2019cv00493 —

    • July 6, 2020: ORDER entered by Judge Ortrie D. Smith regarding Plaintiff's motion for leave and request for teleconference. Signed on 7/6/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea)
  10. MT 6:2020cv00029 — Montana Environmental Information Center v. United States Department of Energy

    • July 6, 2020: ORDERED: Defendant shall produce "rolling monthly productions"' of all non-exempt records responsive to Plaintiffs Freedom of Information Act ("FOIA") request on or before: 10/2/2020. Objections to any records withheld from production shall be filed on or before: 10/30/2020. Responses to objections to any records withheld from production shall be filed on or before:11/20/2020. Signed by Judge Sam E Haddon on 7/6/2020. (HEG)
  11. MT 9:2019cv00165 — Buffalo Field Campaign v. United States Department of Interior, National Park Service

    • July 7, 2020: OPINION and ORDER. IT IS ORDERED that the parties cross-motions (Docs. [14] , [20] ) are GRANTED in PART and DENIED in PART (see Order). Signed by Judge Donald W. Molloy on 7/7/2020. (NOS)

    • July 7, 2020: CLERK'S JUDGMENT. (NOS)
  12. NYS 1:2020cv00947 — Brennan Center for Justice at the New York University School of Law et al v. United States Federal Bureau of Investigation

    • July 7, 2020: ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by July 17, 2020, the parties submit a joint letter, n ot to exceed three (3) pages, providing the following information in separate paragraphs: 1. A brief description of the nature of the action and the principal defenses thereto; 2. A brief explanation of why jurisdiction and venue lie in this Court. I f any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. If any party is a partnership, limited partnership, limited liability company or trust, the letter shall state the citizenship o f each of the entity's members, shareholders, partners and/or trustees; 3. A brief description of all contemplated and/or outstanding motions; 4. A brief description of any discovery that has already taken place, and/or that which will be necess ary for the parties to engage in meaningful settlement negotiations; 5. A brief description of prior settlement discussions (without disclosing the parties' offers or settlement positions) and the prospect of settlement; 6. The estimated length of trial; and 7. Any other information that the parties believe may assist the Court in advancing the case to settlement or trial, including, but not limited to, a description of any dispositive issue or novel issue raised by the case. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Court's Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-relatedinstructions. (Signed by Judge Vernon S. Broderick on 7/7/2020) (nb)
  13. NYS 1:2020cv01946 — Documented NY v. United States Department of State et al

    • July 9, 2020: ORDER: In light of the COVID-19 public health crisis, the Court will hold the initial pre-trial conference by telephone, at 3:30 p.m. on July 10, 2020. At start of the conference, the parties shall call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 9196964, followed by the pound (#) key. Counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. (Signed by Judge Alison J. Nathan on 7/9/2020) (rro)

    • July 10, 2020: ORDER: Due to the unavailability of the Court, the initial pre-trial conference currently scheduled for today is hereby adjourned sine die. Instead, the parties should submit briefing on the processing order issue. Plaintiff's submission should be filed on or before July 16, 2020. Defendant's submission is due on or before July 22, 2020. Plaintiff may file a reply on or before July 24, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/10/2020) (kv)
  14. NYS 1:2020cv02088 — American Oversight v. Federal Bureau Of Investigation

    • July 6, 2020: ORDER: The Court assumes that the next step in this case should be the filing of a summary judgment motion by either the plaintiff or defendant or both. See, e.g., Families for Freedom v. U.S. Cust. and Border Protec., 797 F. Supp. 2d 375, 385 (S.D.N.Y. 2011) ("FOIA cases are generally and most appropriately resolved on motions for summary judgment."); Bloomberg L.P. v. Bd. of Governors of Fed. Reserve System, 649 F. Supp. 2d 262, 271 (S.D.N.Y. 2009) ("Summary judgment is the pref erred procedural vehicle for resolving FOIA disputes."). Accordingly, the parties are to confer as to the schedule for the filing of any summary judgment motion and shall make a joint or separate proposals for a schedule by letter (or letters) f iled on or before July 13, 2020. If either side believes that a summary judgment motion is not the appropriate next step inthis case, that party may so state in the letter to the Court and, after consulting with the other side to ascertain its position, may offer a proposal as to the appropriate next steps in this case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/06/2020) (ama)
  15. NYS 1:2020cv02213 — American Civil Liberties Union et al v. U.S. Department of Homeland Security et al

    • July 7, 2020: ORDER: The Court has reviewed the proposed processing schedules set forth in the joint letter filed on July 3, 2020. ICE, CBP, and TSA shall process at least 250, 250, and 750 pages per month, respectively, and release all responsive, non-exempt re cords on the first business day on or after the 30th day of each month, including this month, or earlier until they have released all responsive, non-exempt records to plaintiffs. If the final number of potentially responsive pages from ICE, CBP, or TSA significantly exceeds the present estimates of 1,013, 1,144 and 2,621, respectively, then plaintiffs may request that the Court increase the number of pages that the pertinent agency is required to process each month, and the pertinent agency ma y submit declarations in support of the number of pages that it maintains it can reasonably process each month. Similarly, if TSA cannot reasonably process at least 750 pages per month, then it may submit declarations in support of the number of page s that it maintains it can reasonably process each month. After DHS identifies its number of potentially responsive pages, the parties shall confer regarding a processing schedule. If the parties cannot agree on a schedule for processing DHS's records, then the parties shall submit a joint letter to the Court stating their respective proposed processing schedules. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/7/2020) (jca)
  16. NYS 1:2020cv02761 — Knight First Amendment Institute at Columbia University v. Centers for Disease Control and Prevention et al

    • July 10, 2020: ORDER re: [26] Letter, filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. On July 6, 2020, Defendants reported that they had completed production of all records they deemed responsive and non-ex empt in response to Plaintiff's Freedom of Information Act request. ECF No. 26. It is ORDERED that by August 7, 2020, the parties shall file a joint letter indicating whether any disputes are outstanding, and stating whether any party intends to file any motions. SO ORDERED. (Signed by Judge Analisa Torres on 7/10/2020) (kv)
  17. NYS 1:2020cv04859 — LatinoJustice PRLDEF v. United States Department of Housing and Urban Development

    • July 8, 2020: ORDER: The parties in this case shall appear for a telephonic conference at 5:30 p.m. on July 28, 2020. They are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. ( Telephone Conference set for 7/28/2020 at 05:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 7/8/2020) (va)
  18. NYS 1:2020cv05096 — Open Society Justice Initiative v. Department of Defense et al

    • July 6, 2020: ORDER: This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed two pages, indi cating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. If Defendants have not yet entered a notice of appearance, Plaintiff shall promptly serve a copy of this Order on Defendants and file proof of such service. (Signed by Judge Jesse M. Furman on 7/6/2020) (rro)
  19. SC 2:2018cv02635 — Bruce v. Government National Mortgage Association et al

    • July 6, 2020: ORDER RULING ON REPORT AND RECOMMENDATION: It is ordered that the Magistrate Judge's Report (ECF No. 89) is adopted and and Plaintiff's objections (ECF No. 92) are overruled; Defendant's motion for summary judgment (ECF No. 80) is granted in its entirety; Plaintiff's motion to file a second amended complaint (ECF No. 85) is denied; and this matter is dismissed with prejudice. Signed by Honorable Bruce Howe Hendricks on 7/6/2020. (vdru, )

    • July 6, 2020: JUDGMENT in favor of Defendants Federal Housing Administration, Government National Mortgage Association, US Department of Housing and Urban Development, United States of America against Nelson L Bruce. It is ordered that the Magistrate Judge' s Report (ECF No. 89) is adopted and and Plaintiff's objections (ECF No. 92) are overruled; Defendant's motion for summary judgment (ECF No. 80) is granted in its entirety; Plaintiff's motion to file a second amended complaint (ECF No. 85) is denied; and this matter is dismissed with prejudice. (vdru, )
  20. WAW 2:2017cv01854 — The University of Washington et al v. Department of Defense et al

    • July 7, 2020: MINUTE ORDER re [63] Joint Status Report. IT IS ORDERED that the matter is continued, and the parties will provide the Court with an updated status report upon (1) completion of the DIA review of the remaining documents, or (2) October 7, 2020, whichever first occurs. Authorized by Judge Marsha J. Pechman. (LH)
  21. WAW 2:2018cv01442 — The Human Rights Defense Center et al v. U.S. Department of Health and Human Services et al

    • July 8, 2020: JOINT STATUS REPORT AND ORDER re [54] Stipulated Motion. The Parties shall submit either a stipulated dismissal or a joint status report to the Court on or before August 27, 2020. Signed by Judge James L. Robart.(LH)
  22. WAW 2:2018cv01635 — Withey et al v. Federal Bureau of Investigation (FBI)

    • July 10, 2020: MINUTE ORDER granting Defendant's [80] Motion for Extension of Time for Certain Pre-Trial Deadlines and Trial Date. The date for the non-jury trial in this case is October 26, 2020 ; The deadline for filing the proposed pretrial order is October 16, 2020; and The deadline for filing trial briefs is October 22, 2020. Authorized by U.S. District Judge John C Coughenour. (TH)
  23. WAW 2:2019cv01051 — Northwest Environmental Advocates v. US Environmental Protection Agency

    • July 6, 2020: JOINT STATUS REPORT AND ORDER per parties' [13] Joint Status Report. Joint Status Report due by 7/25/2020. Signed by Judge James L. Robart. (PM)

From → Decisions, FOIA, PACER

No comments yet

Leave a Reply

Note: XHTML is allowed. Your email address will never be published.

Subscribe to this comment feed via RSS

Skip to toolbar