FOIA Activity: 9 New Procedural or Substantive Decisions

We have added 9 decisions of a procedural or substantive nature filed between November 8, 2020 and November 14, 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. NYS 1:2016cv00387 — National Day Laborer Organizing Network et al v. United States Immigration and Customs Enforcement et al

   • November 13, 2020: ORDER: As plaintiffs agree that the parties' dispute as to these records is now moot, the Court hereby relieves the defendants of the directives in its decision related to these records. See Dkt. 187. Defendants also request that the Court modif y its order directing ICE to release the records identified as ICE Doc. Nos. 41-42, 50-52, and 83, and instead permit ICE to provide these six records to the Court for in camera review. Id. Defendants explain that because the Court has separately dir ected that records relating to the same or similar subject matterthe monitoring of the Priority Enforcement Program for civil rights issues by CRCLbe submitted for in camera review as part of DHS's production, the Court should consider these rec ords alongside the related DHS records. Id. Plaintiffs state that they "do not object to the Court reviewing, in camera, ICE Doc. Nos. 41-42, 50-52, and 83 to determine whether these documents (a) are the same or substantially similar to DHS Doc. Nos. 12, 13, and 25 and should be treated the same as DHS Doc. Nos. 12, 13, and 25; or (b) relate to the implementation of PEP and should be released per the Court's Opinion." Id. The Court therefore orders that Defendants submit these six records, ICE Doc. Nos. 41-42, 50-52, and 83, for in camera review. The Court gives defendants until Wednesday, November 18, 2020 to do so. (Signed by Judge Paul A. Engelmayer on 11/13/2020) (jwh)
2. NYS 1:2017cv03391 — American Civil Liberties Union et al v. Department of Defense et al

   • November 12, 2020: OPINION & ORDER: Accordingly, the Court grants defendants' motion for summary judgment, and denies the ACLU's motion for summary judgment, with respect to CENTCOM/027030 and JS/057058. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 11/12/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
   • November 12, 2020: CLERK'S JUDGMENT re: [138] Memorandum & Opinion in favor of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State against American Civil Liberties Union, American Civil Liberties Union Foundation. I t is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated November 12, 2020, defendants' motion for summary judgment is granted, and the ACLU's motion for summary judgment is denied, with respect to CENTCOM/027030 and JS/057058; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/12/2020) (Attachments: # 1 Right to Appeal) (km)
3. NYS 1:2018cv04433 — NAACP Legal Defense & Educational Fund, Inc. v. U.S. Department of Education

   • November 13, 2020: ORDER: Accordingly, it is: ORDERED that this action is dismissed in its entirety in accordance with the Stipulation. (Doc. 46). The Clerk of Court is respectfully directed to terminate the action. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/13/2020) (rro)
4. NYS 1:2020cv05096 — Open Society Justice Initiative v. Department of Defense et al

   • November 13, 2020: ORDER, In light of the parties joint letter dated November 11, 2020, see ECF No. 53, the Court will hold a telephone conference on November 23, 2020 at 3:15 p.m. At least one business day before the conference, counsel shall email to the Court the names and telephone numbers of those who will have speaking roles at the conference, and the Court will provide call-in information to those counsel. All others counsel who will not have speaking roles and members of the public may listen to th e conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court&#0 39;s Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. ( Telephone Conference set for 11/23/2020 at 03:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/13/20) (yv)
5. NYS 1:2020cv05573 — New York Civil Liberties Union v. Office of Refugee Resettlement et al

   • November 10, 2020: ORDER granting [19] Letter Motion to Adjourn Conference. Application granted. The conference scheduled for Friday, November 13, 2020 is hereby adjourned until December 8, 2020 at 1:30 pm. The parties shall submit a joint status letter no later than December 4, 2020. SO ORDERED. Telephone Conference set for 12/8/2020 at 01:30 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 11/10/2020) (kv)
6. NYS 1:2020cv06177 — Informed Consent Action Network v. Centers for Disease Control and Prevention

   • November 13, 2020: ORDER granting [10] Letter Motion to Adjourn Conference. APPLICATION GRANTED SO ORDERED. (Signed by Judge John G. Koeltl on 11/13/2020) (jca)
7. TXN 7:2020cv00095 — Troise v. Flake et al

   • November 12, 2020: Order Accepting Findings and Recommendations re: [8] Findings and Recommendations on Case re: [1] Complaint filed by Robert J Troise. Accordingly, the Court DISMISSES Plaintiff's claims without prejudice for failure to prosecute and comply with the Court's order. See Fed. R. Civ. P. 41(b). (Ordered by Judge Reed C. O'Connor on 11/12/2020) (trt)
8. WAW 2:2020cv01648 — Friends of Discovery Park v. United States Department of Housing and Urban Development

   • November 13, 2020: ORDER: To facilitate entry of an appropriate scheduling order in this matter, and pursuant to Fed. R. Civ. P. 16 and Local Civil Rule 16, counsel are directed to confer and to file a JOINT STATUS REPORT by Thursday 2/11/2021. Signed by Judge Thomas S. Zilly. (MW)