FOIA Activity: 9 New Procedural or Substantive Decisions

We have added 9 decisions of a procedural or substantive nature filed between August 30, 2020 and September 5, 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. CAE 1:2019cv01218 — Mertes v. Internal Revenue Service

   • August 31, 2020: ORDER REGARDING REQUEST FOR CLARIFICATION signed by District Judge Anthony W. Ishii on 08/31/2020. IT IS HEREBY ORDERED Defendant's unopposed motion for clarification (Doc. No. [29] ) is GRANTED. (Gonzales, V)
2. CAE 2:2018cv00873 — Stanco et al v. Internal Revenue Service

   • August 31, 2020: ORDER signed by District Judge Troy L. Nunley on 8/30/2020 GRANTING Defendant's Motion to Dismiss (ECF No. [5] ) as follows: Claims One, Two, Three, Four, Seven, and Eight are DISMISSED with leave to amend; and Claims Five, Six, Nine, and Te n are DISMISSED without leave to amend. Plaintiffs may file an amended complaint not later than fourteen (14) days from the date of electronic filing of this Order. Defendant's responsive pleading is due twenty-one (21) days after Plaintiffs file the amended complaint. (Becknal, R)
3. DC 1:2016cv02470 — AMERICAN IMMIGRATION LAWYERS ASSOCIATION v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al

   • September 2, 2020: MEMORANDUM OPINION re Defendants' [53] Motion for Summary Judgment and Plaintiff's [56] Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 9/2/2020. (lctnm3)
4. DC 1:2018cv01892 — JURDI v. UNITED STATES OF AMERICA

   • September 2, 2020: MEMORANDUM OPINION granting [13] Defendant's Motion for Summary Judgment, denying 18 Plaintiff's Cross-Motion for Summary Judgment, and denying [22] Plaintiff's Motion to Treat Allegations as Admitted. See document for details. Signed by Judge Rudolph Contreras on 9/2/2020. (lcrc1)
5. DC 1:2019cv01278 — LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al

   • September 3, 2020: MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on September 3, 2020. (lcrbw1)
6. NYS 1:2018cv04354 — NAACP Legal Defense & Educational Fund, Inc. v.U.S. Department Of Justice et al

   • September 2, 2020: OPINION AND ORDER re: [48] MOTION for Summary Judgment, [51] MOTION to Approve IN CAMERA REVIEW: For the reasons set forth above, defendants' motion for summary judgment is GRANTED and plaintiff's motion for in camera review is DENIED. The Clerk is respectfully directed to terminate the motions (Docs 48, 51), to enter final judgment, and to close this case. (Signed by Judge P. Kevin Castel on 9/2/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
   • September 2, 2020: CLERK'S JUDGMENT re: [57] Memorandum & Opinion in favor of U.S. Department Of Justice against NAACP Legal Defense & Educational Fund, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion a nd Order dated September 2, 2020, defendants' motion for summary judgment is GRANTED and plaintiff's motion for in camera review is DENIED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/2/2020) (Attachments: # 1 Right to Appeal) (km)
7. NYS 1:2019cv03112 — American Society for the Prevention of Cruelty to Animals v. The Animal and Plant Health Inspection Service et al

   • September 2, 2020: ORDER: The Court has determined that an ex parte, in camera inspection of unredacted copies of the records plaintiff challenges based on defendants' assertion of FOIA Exemption 5 will assist the Court's evaluation of the parties' c ross-motions for summary judgment. See 5 U.S.C. § 552(a)(4)(B). Defendants shall file these unredacted records under seal and simultaneously mail two copies of the unredacted records to chambers. With respect to the records sent to chambers, defendants shall draw boxes with red outlines around the portions redacted pursuant to Exemption 5. (Signed by Judge Naomi Reice Buchwald on 9/2/2020) (tro)
8. NYS 1:2020cv04284 — International Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services

   • August 31, 2020: ORDER: In light of the case plan and scheduling proposal of the parties so-ordered by the Court (Dkt. 19), the initial pretrial conference scheduled for Monday August 31, 2020 at 2:30 is cancelled. The parties shall file a joint status report every 60 days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/31/2020) (mml)