FOIA Activity: 18 New Procedural or Substantive Decisions

We have added 18 decisions of a procedural or substantive nature filed between October 4, 2020 and October 10, 2020. These are associated with 17 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 3:2020cv01103 — Public Justice Foundation et al v. Farm Service Agency

   • October 5, 2020: ORDER GRANTING [28] PLAINTIFFS' MOTION CHALLENGING DEFICIENCIES IN FSAS REVISED SEARCH AND PRODUCTION. By Judge Alsup. Case Management Statement due by 11/12/2020. Telephonic Case Management Conference set for 11/19/2020 11:00 AM before Judge William Alsup. (whalc3, COURT STAFF) (Filed on 10/5/2020)
2. DC 1:2012cv00313 — SHAPIRO v. DEPARTMENT OF JUSTICE

   • October 8, 2020: MEMORANDUM OPINION AND ORDER DENYING plaintiff's [128] Motion for Reconsideration and further GRANTING defendant summary judgment in all respects. See Order for further details. Signed by Chief Judge Beryl A. Howell on October 8, 2020. (lcbah4)
3. DC 1:2018cv02674 — PICHARDO-MARTINEZ v. UNITED STATES MARSHALS SERVICE

   • October 7, 2020: MEMORANDUM OPINION re Defendant's [28] Second Renewed Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 10/7/2020. (hmc) Modified on 10/7/2020 (hmc).
4. DC 1:2019cv02290 — YANOFSKY v. UNITED STATES DEPARTMENT OF COMMERCE

   • October 6, 2020: MEMORANDUM OPINION AND ORDER denying Defendant's [17] Motion for Summary Judgment, denying Plaintiff's [18] Cross-Motion for Summary Judgment, and directing the parties to file a joint proposed briefing schedule for renewed cross-motions for summary judgment on or before 10/20/2020. Signed by Judge Ketanji Brown Jackson on 10/06/2020. (lcnj)
5. DC 1:2020cv00213 — BRAGG v. CENTRAL INTELLIGENCE AGENCY

   • October 5, 2020: MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Emmet G. Sullivan on 10/5/20.(psu1)
6. FLM 8:2020cv01248 — Hooker v. Wilkie et al

   • October 7, 2020: ORDER denying 36 Motion for Recusal. Signed by Judge William F. Jung on 10/7/2020. (CCB)
7. NYN 5:2017cv00506 — Long et al v. United States Immigration and Customs Enforcement

   • October 9, 2020: ORDER that ICE's renewed motion for summary judgment (Dkt. No. [58] ) is denied; ICE may submit a second renewed motion for summary judgment by November 9, 2020. Signed by Judge Brenda K. Sannes on 10/9/2020. (rjb, )
8. NYS 1:2017cv03960 — Seife v. Food and Drug Administration et al

   • October 6, 2020: OPINION AND ORDER re: [145] MOTION for Summary Judgment Notice of Renewed Motion for Summary Judgment. filed by Department Of Health and Human Services, Food and Drug Administration, [147] CROSS MOTION for Summary Judgment. filed by Charles Seife, [139] MOTION for Summary Judgment (Notice of Defendant-Intervenor Sarepta Therapeutics, Inc.'s Renewed Motion for Summary Judgment). filed by Sarepta Therapeutics, Inc. The Court GRANTS the summary judgme nt motions of Defendants and Sarepta and DENIES Seife's cross-motion for summary judgment. As the parties explained in their March 22, 2018 joint letter and as noted in Defendants' brief the "FDA also withheld information in the do cuments on the basis of patient privacy pursuant to FOIA Exemption 6,' but Seife did not challenge the Exemption 6 withholdings in his cross-motion. Defs.' Mem. 4 n.3; see ECF No. 66, at 1-2. In any event, given that the redactions were proper under Exemption 4, any remaining issues regarding Exemption 6 are moot. The Clerk of Court is directed to terminate ECF Nos. 139, 145, and 147, and to close this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/6/20) (yv) Transmission to Orders and Judgments Clerk for processing.
   • October 6, 2020: CLERK'S JUDGMENT re: [168] Memorandum & Opinion in favor of Department Of Health and Human Services, Food and Drug Administration, Sarepta Therapeutics, Inc against Charles Seife. It is hereby ORDERED, ADJUDGED AND DECREED: That for the re asons stated in the Court's Opinion and Order dated October 6, 2020, the summary judgment motions of Defendants and Sarepta are GRANTED and Seife's cross-motion for summary judgment is DENIED. As the parties explained in their March 22, 2018 joint letter and as noted in Defendants' brief the "FDA also withheld information in the documents on the basis of patient privacy pursuant to FOIA Exemption 6,' but Seife did not challenge the Exemption 6 withholdings in his cr oss-motion. Defs.' Mem. 4 n.3; see ECF No. 66, at 1-2. In any event, given that the redactions were proper under Exemption 4, any remaining issues regarding Exemption 6 are moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/6/2020) (Attachments: # 1 Right to Appeal) (km)
9. NYS 1:2017cv09343 — Freedom of the Press Foundation et al v. Department of Justice et al

   • October 9, 2020: OPINION AND ORDER re: [50] CROSS MOTION for Partial Summary Judgment as to Department of Justice. filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University, [45] MOTION for Summary Judgmen t. filed by Department of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. The Court has considered all the arguments of the parties. To the extent not specifically di scussed, the arguments of the parties are either moot or without merit. The plaintiff's motion for summary judgment with respect to the DOJ-CRIM's disputed redactions of documents under Exemption 5 is granted, but denied in all other respec ts. The Government's motion for summary judgment is denied with respect to the DOJ-CRIM's disputed redactions under Exemption 5, but granted in all other respects. The Clerk is directed to enter judgment accordingly and to close all pending motions and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 10/9/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
10. NYS 1:2017cv09972 — American Civil Liberties Union et al v. Department of Defense et al

    • October 5, 2020: MEMORANDUM OPINION: For these reasons, the Court finds that the Defense Department never properly invoked Exemption 3 and that its invocation of Exemption 1 was rendered illogical and implausible by the release of the Niger ambush report. Accordingly, the agencies' motion for summary judgment was DENIED, and the cross-motions of both the ACLU and the Times were GRANTED. The instructions within the Court's Order of September 29, 2020, Doc. 39, remain in effect. (Signed by Judge Edgardo Ramos on 10/5/2020) (mro)
11. NYS 1:2019cv05483 — American Civil Liberties Union et al v. United States Department Of Justice et al

    • October 8, 2020: ORDER granting [44] Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/8/2020) (rro)
12. NYS 1:2020cv00833 — The New York Times Company v. Federal Bureau of Prisons

    • October 7, 2020: ORDER granting [32] Letter Motion to Stay: Granted. To ensure a streamlined and expeditious resolution to this matter, the Court finds that the interests of the parties, the public, and the courts favor granting a stay. This case is hereby stayed u ntil December 6, 2020. Defendant shall file a status report by November 6, 2020, informing the Court whether it will be prepared, as the Court expects it it will be, to complete its briefing of the pending motions for summary judgment without further delay. (Signed by Judge Paul A. Engelmayer on 10/7/2020) (jwh)
13. NYS 1:2020cv01453 — Informed Consent Action Network v. Centers for Disease Control and Prevention

    • October 5, 2020: ORDER granting [18] Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/5/2020) (rro)
14. WAW 2:2017cv01854 — The University of Washington et al v. Department of Defense et al

    • October 7, 2020: MINUTE ORDER re Parties' [65] 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) December 7, 2020, whichever first occurs. Authorized by Judge Marsha J. Pechman. (TH)
15. WAW 2:2018cv01635 — Withey et al v. Federal Bureau of Investigation (FBI)

    • October 5, 2020: MINUTE ORDER: Having considered the parties' supplemental briefing (Dkt. Nos. [109] – [112] ), Plaintiffs' request that the Court order the parties to file an Agreed and Disputed Statement of Facts (Dkt. No. [106] ) is DENIED. Authorized by U.S. District Judge John C Coughenour. (LH)
16. WAW 2:2020cv00217 — Council on American Islamic Relations – Washington v. United States Customs and Border Protection et al

    • October 5, 2020: ORDER denying Defendants' [20] Motion for Summary Judgment; granting in part and denying in part Plaintiff's [23] Cross Motion for Summary Judgment. Defendants are to conduct an adequate search. To extent they have not done so already , they must search the emails of (1) Adele Fasano, (2) the Seattle Field Office Assistant Director, (3) Randy Howe, and (4) the Senior Official Performing the Duties of the Commissioner of Customs and Border Protection, Mark A. Morgan. The parties are to meet and confer and to submit to the Court within the next seven (7) days a Joint Status Report on the production of any additional materials. Court directs redactions (see order) which are to be accomplished in the next 30 days. Any anticipated issues are to be included in the Joint Status Report. Defendants' in camera review records due within the next seven (7) days. Signed by Judge Ricardo S. Martinez. (PM)
17. WAW 2:2020cv00272 — Goebel v. Federal Aviation Administration

    • October 9, 2020: MINUTE ORDER granting Parties' [22] Stipulated Motion for Relief from Deadlines and to set a Joint Status Report: The briefing schedule in this matter (Dkt. No. [21] ) is STRICKEN. The parties are ordered to submit a joint status report in this matter no later than October 22, 2020. Authorized by U.S. District Judge John C Coughenour.(MW)