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FOIA Activity: 20 New Procedural or Substantive Decisions

by FOIA Project Staff on September 24th, 2020

We have added 20 decisions of a procedural or substantive nature filed between September 13, 2020 and September 19, 2020. These are associated with 20 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 3:2020cv00495 — Sandoval v. United States of America

    • September 17, 2020: ORDER dismissing action for failure timely to effect service pursuant to Federal Rule of Civil Procedure 4(m). Signed by Judge Janis L. Sammartino on 9/17/2020.(All non-registered users served via U.S. Mail Service)(jpp) (dlg).

  2. DC 1:2016cv01142 — HOUSER v. CHURCH et al

    • September 14, 2020: MEMORANDUM OPINION and Order granting in part and denying in part without prejudice Defendant's Motion for Summary Judgment, ECF No. 66, and denying as moot the plaintiff's Third Motion for an Extension of Time to Answer Defendant's Motion for Summary Judgment, ECF No. 73. The defendant shall, if appropriate, file a renewed motion for summary judgment not later than October 30, 2020. Signed by Judge Reggie B. Walton on 9/14/20. (psu2)
  3. DC 1:2016cv02032 — LINDSEY v. FEDERAL BUREAU OF INVESTIGATION

    • September 18, 2020: MEMORANDUM OPINION regarding [33] Order. Signed by Judge Colleen Kollar-Kotelly on September 18, 2020. (lcckk1)
  4. DC 1:2017cv00832 — JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE

    • September 18, 2020: MEMORANDUM OPINION regarding [32] Order. Signed by Judge Colleen Kollar-Kotelly on September 18, 2020. (lcckk1)
  5. DC 1:2017cv02032 — COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES DEPARTMENT OF STATE

    • September 15, 2020: MEMORANDUM OPINION re: [30] Plaintiff's Motion for Partial Summary Judgment and [32] Defendant's Cross-Motion for Partial Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 09/15/2020. (lcapm2)
  6. DC 1:2018cv00486 — PINSON v. UNITED STATES DEPARTMENT OF JUSTICE et al

    • September 17, 2020: MEMORANDUM OPINION denying [84] Plaintiff's Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on 09/17/2020. (lcrc1)
  7. DC 1:2018cv02622 — WP COMPANY LLC v. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION

    • September 15, 2020: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/15/2020. (lcabj3)
  8. DC 1:2019cv03191 — COLEMAN, JR. v. DEPARTMENT OF THE NAVY

    • September 16, 2020: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/16/2020. (lcabj2)
  9. FLS 2:2019cv14243 — Center for Biological Diversity v. U.S. Fish and Wildlife Service et al

    • September 15, 2020: ORDER GRANTING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT re [50] Motion for Summary Judgment. Defendants Motion for Summary Judgment DE# [53] is DENIED. The Listing Decision is VACATED and this matter is REMANDED to the U.S. Fish and Wildlife Service and the Secretary of the Interior for further proceedings. The Clerk of the Court is instructed to CLOSE THIS CASE. Signed by Judge Robin L. Rosenberg on 9/15/2020. See attached document for full details. (ebz)
  10. NYS 1:2016cv00387 — National Day Laborer Organizing Network et al v. United States Immigration and Customs Enforcement et al

    • September 14, 2020: OPINION & ORDER re: [173] CROSS MOTION for Summary Judgment, [164] MOTION for Summary Judgment: For the foregoing reasons, the Court grants partial summary judgment to Plaintiffs and directs Defendants to produce, in full, the following docum ents to Plaintiffs within 30 days: DHS Record Nos. 2, 5, 6, 7, 11, 19, 31, 33, 48, 80, 81, 95, 101, 102, 108, 109, 110, 111, 115, 116, 119, 121; ICE Record Nos. 1, 2, 3, 8, 24, 32, 33, 35, 36, 37, 40, 41, 42, 44, 47, 48, 49, 50, 51, 52, 55, 56, 60, 61, 62, 63, 64, 65, 66, 67, 68, 70, 71, 72, 74, 75, 76, 77, 80, 82, 83, 87, 88. For the foregoing reasons, the Court grants partial summary judgment to Defendants and upholds the withholding of the following documents: DHS Record Nos. 9, 18, 20, 26 , 28, 29, 30, 32, 35, 36, 37, 38, 39, 45, 47, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 93, 96, 97, 99, 112; ICE Record Nos. 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 31, 38, 39, 43, 45, 53, 54, 57, 58, 59, 69, 73, 81, 84, 89. The Court reserves on the remaining documents and directs Defendants to take the following action within 30 days: 1) Defendants are directed to submit two copies of each of the following records-one unredacted and the other showing the proposed redactions-to the Court under seal for in camera review: a. DHS Record Nos.: 40, 41, 46, 92, 104, 117, 118, 122, 123, 124; b. ICE Record Nos.: 17, 29, 30, 46. 2) Defendants are directed to submit two copies of each of the following records-one unredacted and the other showing the proposed redactions-to the Court under seal for in camera review, along with an affidav it or revised Vaughn index identifying the specific harm that would come from the production of the following records: DHS Record Nos.: 12, 13, 25, 125. 3) Defendants are directed to submit an affidavit explaining the specific harm that would come fr om the production of the draft forms: CBP Record Nos. 1, 4; DHS Record Nos. 21, 22, 23, 24, 27, 34, 44, 94; ICE Record Nos. 34, 78, 79, 85, 86. 4) Defendants are directed to submit a sworn affidavit stating whether any of the following records contai n deliberative redlines or other markup on the face of the record: DHS Record Nos. 1, 3, 4, 10, 14, 15, 16, 17, 98 100; CBP Record No. 3. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 164 and 173. (Signed by Judge Paul A. Engelmayer on 9/14/2020) (jwh)
  11. NYS 1:2017cv04457 — Osen LLC v. United States Central Command

    • September 14, 2020: ORDER: The Court is in receipt of the Second Circuit's Opinion and Mandate regarding this Court's prior partial grant of summary judgment in favor of Plaintiff. (Dkt. #56). Consistent with the Second Circuit's decision, the Court find s that Defendant's withholdings under the first exemption were proper, and therefore Defendant is entitled to summary judgment in full. Therefore, the Court reopens this case only to so that it can ORDER that Defendant's motion for summary judgment be GRANTED and that Plaintiff's cross-motion be DENIED. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/14/2020) (rro)
  12. NYS 1:2017cv07572 — Knight First Amendment Institute at Columbia University v. Department of Homeland Security et al

    • September 13, 2020: OPINION & ORDER re: [143] MOTION for Reconsideration in Part of the Court's September 16 and 23 Orders. filed by U.S. Department of State, U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services. For the reasons set forth below, Defendants' motion for reconsideration is hereby DENIED. I had enough information from DOS's and USCIS's affidavits to conduct the required de novo review of the agencies' withholdings. I deter mined that the 7(E) exemption did not apply to certain sections of the FAM and the TRIG questions. No supplemental submissions or in camera review is necessary. Defendants have not met the burden to warrant reconsideration of these determinations. Defendants' motion for reconsideration is DENIED in full. (Signed by Judge Andrew L. Carter, Jr on 9/13/2020) (rj)
  13. NYS 1:2019cv00234 — Open Society Justice Initiative v. Central Intelligence Agency et al

    • September 18, 2020: ORDER: The Court will hold oral argument in this case on Thursday, October 15, 2020, at 3:30 p.m., on the parties' pending cross-motions for summary judgment. This argument will be held telephonically. The parties should call into the Court&#039 ;s dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon- paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. (Telephone Conference set for 10/15/2020 at 03:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/18/2020) (jwh)
  14. NYS 1:2019cv09669 — New York Times Company et al v. Department of the Treasury

    • September 15, 2020: ORDER granting [30] Letter Motion to Adjourn Conference. GRANTED. The initial pretrial conference scheduled for September 23, 2020, is ADJOURNED to October 22, 2020, at 10:20 a.m. By October 15, 2020, the parties shall submit a joint status letter. The parties are directed to call (888) 398-2342 or (215) 861-0674, and enter access code 5598827. SO ORDERED. Initial Conference set for 10/22/2020 at 10:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 9/15/2020) (kv)
  15. NYS 1:2020cv00689 — Informed Consent Action Network v. United States Food and Drug Administration

    • September 17, 2020: ORDER FOR TELEPHONE CONFERENCE: The parties shall appear via Telephone for a conference in the above-captioned matter on Thursday, September 24, 2020, at 3:00 p.m. EST. During the conference, the parties should be prepared to discuss Defendants L etter Motion. (See ECF No. 21.) At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. So Ordered. (Telephone Conference set for 9/24/2020 at 03:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 9/17/2020) (js)
  16. NYS 1:2020cv01946 — Documented NY v. United States Department of State et al

    • September 18, 2020: ORDER: Defendants shall file a response to Plaintiff's second letter motion to expedite (Dkt. No. 28) by September 23, 2020. Plaintiff may file a reply by September 25, 2020. (Responses due by 9/23/2020, Replies due by 9/25/2020.) (Signed by Judge Alison J. Nathan on 9/18/2020) (cf)
  17. NYS 1:2020cv04911 — Knight First Amendment Institute at Columbia University et al v. Department of State et al

    • September 18, 2020: ORDER: The parties are instructed to file a Rule 26(f) report by October 2, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 9/18/2020) (ama)
  18. NYS 1:2020cv07182 — Buff v. United States of America et al

    • September 18, 2020: ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Plaintiff is directed to render payment of the relevant fees or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court ce rtifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 3 69 U.S. 438, 444-45 (1962). Fees due by 10/19/2020. In Forma Pauperis (IFP) Application due by 10/19/2020. (Signed by Judge Colleen McMahon on September 18, 2020) (Attachments: # 1 IFP application) (jjg) Transmission to Docket Assistant Clerk for processing.
  19. WAW 2:2018cv01635 — Withey et al v. Federal Bureau of Investigation (FBI)

    • September 14, 2020: MINUTE ORDER granting Parties' [106] Stipulated Motion Regarding Pre-Trial and Trial Deadlines. The 10/26/2020 bench trial and remaining pretrial deadlines re STRICKEN. Unless the Court's disposition of the pending motions for summa ry judgment renders a trial unnecessary, the parties are ORDERED to file a joint status report within 21 days of the Court's resolution of the pending summary judgment motions addressing: (1) a proposed trial date, (2) whether the parties are willing to proceed with a remote bench trial, and (3) whether the parties are willing to proceed before a Magistrate Judge. Authorized by U.S. District Judge John C Coughenour. (TH)
  20. WAW 2:2020cv00813 — Rich v. United States Citizenship and Immigration Services

    • September 18, 2020: ORDER granting Parties' [11] Stipulated Motion Re Briefing Schedule for Plaintiff's Fees and Costs Claim. Plaintiff's motion is due by October 16, 2020. USCIS's response is due by November 9, 2020. Plaintiff's reply is due by November 13, 2020. Signed by Judge James L. Robart. (LH)

From → Decisions, FOIA, PACER

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