FOIA Activity: 16 New Procedural or Substantive Decisions

We have added 16 decisions of a procedural or substantive nature filed between August 2, 2020 and August 8, 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. DC 1:2017cv01621 — LIOUNIS v. KREBS et al

   • August 3, 2020: MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 8-3-2020. (lcckk3)
2. DC 1:2018cv02527 — BESSON v. UNITED STATES DEPARTMENT OF COMMERCE

   • August 5, 2020: MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's [28] Renewed Motion for Summary Judgment, and granting in part and denying in part Plaintiff's [32] Renewed Cross-Motion for Summary Judgment. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 8/5/2020. (lcapm1)
3. DC 1:2019cv00504 — BUTT v. U.S. DEPARTMENT OF JUSTICE et al

   • August 3, 2020: MEMORANDUM OPINION re [44] Order on Cross-Motions for Summary Judgment. Signed by Judge James E. Boasberg on 8/3/2020. (lcjeb1)
4. DC 1:2019cv01197 — FRANK LLP v. CONSUMER FINANCIAL PROTECTION BUREAU

   • August 5, 2020: MEMORANDUM OPINION re: Defendant's [11] Motion for Summary Judgment, Plaintiff's [14] Cross-Motion for Summary Judgment, and Defendant's [12] Motion for Leave to File an Under Seal, Ex Parte and In Camera Declaration. See the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 8/5/2020. (lcapm1)
5. DC 1:2019cv02199 — ABDULKADER v. TRUMP et al

   • August 6, 2020: MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Amy Berman Jackson on 8/6/20.(psu1)
6. DC 1:2019cv03265 — CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF DEFENSE et al

   • August 6, 2020: MEMORANDUM OPINION for in camera review. Signed by Judge Colleen Kollar-Kotelly on 8-6-2020. (lcckk3)
7. MT 9:2019cv00165 — Buffalo Field Campaign v. United States Department of Interior, National Park Service

   • August 7, 2020: ORDERED that the parties' proposed fee schedule is ADOPTED. Signed by Judge Donald W. Molloy on 8/7/2020. (APP)
8. NYS 1:2017cv08153 — Behar v. U.S. Department of Homeland Security

   • August 4, 2020: ORDER: denying [54] Motion for Summary Judgment; granting [58] Motion for Summary Judgment. The government's motion for summary judgment [Dkt. 54] is denied, and the plaintiff's cross-motion for summary judgment [Dkt. 58] is Granted. The government shall produce the responsive materials to the plaintiff on or before August 18, 2020. The Clerk of Court is directed to terminate the pending motions and close these cases. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/04/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
   • August 4, 2020: CLERK'S JUDGMENT re: [80] Order on Motion for Summary Judgment in favor of Richard Behar against U.S. Department of Homeland Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 4, 2020, the government's motion for summary judgment is denied, and the plaintiff's cross-motion for summary judgment is granted; accordingly, the cases are closed. (Signed by Clerk of Court Ruby Krajick on 8/4/2020) (Attachments: # 1 Right to Appeal) (km)
   • August 7, 2020: ORDER granting in part and denying in part [82] LETTER MOTION to Stay re: 80 Order on Motion for Summary Judgment, Pending Consideration of Appeal and, if a Timely Notice of Appeal Is Filed, Pending Final Disposition of Appeal. In view of plaintif fs' lack of position, application granted only to the extent that the August 4 order is modified by making the deadline for release of the documents October 5, 2020 but otherwise denied. (Signed by Judge Lewis A. Kaplan on 8/7/2020) (jca)
9. NYS 1:2018cv07516 — Behar v. Department of Homeland Security

   • August 4, 2020: ORDER: denying [28] Motion for Summary Judgment; granting [32] Motion for Summary Judgment. The government's motion for summary judgment [Dkt. 28] is denied, and the plaintiff's cross-motion for summary judgment [Dkt. 32] is Granted. The government shall produce the responsive materials to the plaintiff on or before August 18, 2020. The Clerk of Court is directed to terminate the pending motions and close these cases. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/04/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
   • August 4, 2020: CLERK'S JUDGMENT re: [48] Order on Motion for Summary Judgment in favor of Richard Behar against U.S. Department of Homeland Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 4, 2020, the government's motion for summary judgment is denied, and the plaintiff's cross-motion for summary judgment is granted; accordingly, the cases are closed. (Signed by Clerk of Court Ruby Krajick on 8/4/2020) (Attachments: # 1 Right to Appeal) (km)
   • August 7, 2020: ORDER granting in part and denying in part [50] LETTER MOTION to Stay re: [48] Order on Motion for Summary Judgment, Pending Consideration of Appeal and, if a Timely Notice of Appeal Is Filed, Pending Final Disposition of Appeal. In view of plai ntiffs' lack of position, applicationgranted only to the extent that the August 4 order is modified by making the deadline for release of the documents October 5, 2020 but otherwise denied. (Signed by Judge Lewis A. Kaplan on 8/7/2020) (jca)
10. WAW 2:2018cv01635 — Withey et al v. Federal Bureau of Investigation (FBI)

    • August 6, 2020: ORDER denying Plaintiffs' [54] Motion to strike the FBI's Glomar defense, for discovery, and for in camera review; granting Defendant's [62] Cross Motion for partial summary judgment on its Glomar response. Signed by U.S. District Judge John C Coughenour.(LH)
11. WAW 2:2020cv00272 — Goebel v. Federal Aviation Administration

    • August 3, 2020: MINUTE ORDER granting parties' [16] Stipulated Motion for Extension of Time to extend the deadlines to confer and to propose a case schedule. The parties must confer regarding Defendant Federal Aviation Administration's disclosures no later than August 14, 2020. The parties must file a joint status report proposing a case schedule no later than August 14, 2020. Authorized by U.S. District Judge John C Coughenour. (TH)
12. WAW 2:2020cv00813 — Rich v. United States Citizenship and Immigration Services

    • August 5, 2020: ORDER re parties' [7] Second Stipulated Motion for Extension of Time. Defendant's Response to the Complaint is due 8/19/2020. Signed by Judge James L. Robart. (PM)