FOIA Activity: 12 New Procedural or Substantive Decisions

We have added 12 decisions of a procedural or substantive nature filed between November 15, 2020 and November 21, 2020. These are associated with 11 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. KYW 3:2019cv00056 — Hardin v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al

   • November 20, 2020: MEMORANDUM OPINION AND ORDER Signed by Judge David J. Hale on 11/20/2020 – Defendants' motion for judgment on the administrative record (D.N. [29] ) is GRANTED. A separate judgment will be entered this date. Hardin's motion for judgment on the administrative record (D.N. [30] ) is DENIED. (KD)
2. NYE 1:2019cv03777 — Immerso v. United States Department of Labor

   • November 20, 2020: MEMORANDUM & ORDER, For the reasons stated above, the court GRANTS Defendant's (Dkt. 23) Motion for Summary Judgment with prejudice, DENIES Plaintiff's (Dkt. 42) Motion for Summary Judgment, as well as Plaintiff's (Dkts. 56, 57, 60, 62) other pending motions. The Clerk of Court is respectfully DIRECTED to close the case. So Ordered by Judge Nicholas G. Garaufis on 11/20/2020. (fwd'd for jgm) (Lee, Tiffeny)
3. NYS 1:2019cv00385 — Junk v. Board Of Governors Of The Federal Reserve System.

   • November 18, 2020: OPINION AND ORDER re: [32] MOTION for Summary Judgment. filed by Board Of Governors Of The Federal Reserve System. The Board's August 17, 2020 motion for summary judgment is granted. Junk's September 17 cross-motion for summary judgment is denied. (Signed by Judge Denise L. Cote on 11/18/2020) (jca)
   • November 18, 2020: ORDER: On November 18, 2020, the Court granted defendant's motion for summary judgment and denied plaintiffs cross-motion for summary judgment. It is hereby ORDERED that parties shall consult about the need for any further proceedings in the above-captioned case and shall submit proposals for any further proceedings by November 30, 2020. (Signed by Judge Denise L. Cote on 11/18/2020) (jca)
4. NYS 1:2019cv05779 — The New York Times Company et al v. Department of Defense

   • November 18, 2020: ORDER: The November 19, 2020 initial conference is cancelled. (Signed by Judge George B. Daniels on 11/17/2020) (cf)
5. NYS 1:2019cv09669 — New York Times Company et al v. Department of the Treasury

   • November 20, 2020: ORDER granting [34] Letter Motion to Adjourn Conference. GRANTED. The initial pretrial conference scheduled for November 24, 2020, is ADJOURNED to December 17, 2020, at 10:00 a.m. By December 10, 2020, the parties shall file a joint status letter. SO ORDERED. Initial Conference set for 12/17/2020 at 10:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 11/20/2020) (kv)
6. NYS 1:2020cv03063 — The New York Times Company v. Department of Health and Human Services

   • November 20, 2020: ORDER: Counsel for defendant is directed to deliver to Chambers at 500 Pearl Street, New York, NY 10007 (by mail, hand delivery, or email), ex parte and for in camera review, an unredacted version of the document at issue in this case. If counsel wishes to email the document, counsel should contact Chambers by telephone for instructions on how to do so. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/20/2020) (ama)
7. NYS 1:2020cv07182 — Buff v. United States of America et al

   • November 19, 2020: ORDER : The Clerk of Court is directed to issue summonses as to the United States of America, the United States Treasury Department, the Internal Revenue Service ("IRS"), Celeste Neal, an IRS Disclosure Manager, and Eric Gadsden, an IRS Disclosure Specialist. The plaintiff is directed to serve a summons and the complaint on each defendant within 90 days of the issuance of the summonses. If within those 90 days, the plaintiff has not either served the defendants or requested an e xtension of time to do so, the complaint may be subject to dismissal under Rules 4(m) or 41(b) of the Federal Rules of Civil Procedure. The plaintiff's motion for permission for electronic case filing, Docket Entry No. 5, is granted. The plain tiff filed a consent to receive electronic service of notices and documents filed in this action. See Docket Entry No. 4. The Clerk of Court is directed to mail an information package to the plaintiff. SO ORDERED. ( USM-285 Fo rm due by 12/21/2020., Request for Issuance of Summons due by 12/21/2020.), Motions terminated: [5] MOTION for Permission for Carolyn Buff to participate in electronic case filing in this case. filed by Carolyn Buff. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/19/20) (yv) Transmission to Pro Se Assistants for processing. Modified on 11/20/2020 (yv).
8. OR 3:2019cv01119 — Western Resources Legal Center v. National Oceanic and Atmospheric Administration et al

   • November 20, 2020: Opinion and Order – Based on the foregoing, WRLC's motion for summary judgment (ECF No. [38] ) is GRANTED IN PART as set forth above; NOAA's motion for summary judgment (ECF No. [28] ) is DENIED IN PART as described above. NOAA is to conduct a search, without regard to the cascade, within thirty days. Custodians must produce all responsive records, even if individuals higher on the cascades received or sent those records. If NOAA locates records it intends to withhold, the a gency must provide WRLC with a declaration that specifically describes the records and states the justification for withholding those records. NOAA also is to submit a declaration to WRLC within thirty days that specifically describes the documents the agency fully withheld, and which states the justification for withholding those records. IT IS SO ORDERED. DATED this 20th day of November, 2020 by United States Magistrate Judge John V. Acosta. (pjg)
9. WAW 2:2019cv00645 — National Parks Conservation Association v. US Department of the Navy

   • November 20, 2020: ORDER: Plaintiff's motion, docket no. [47] , to strike portions of defendant's reply, docket no. [43] , as well as the declarations of Bradford B. Byrnes, docket no. [44] , and Commander Erin Quay, docket no. [45] , is DENIED. The Navy&# 039;s motion for summary judgment, docket no. [27] , is GRANTED in part and DEFERRED in part. Plaintiff's motion for summary judgment, docket no. [32] , is DENIED in part, STRICKEN in part as moot, and DEFERRED in part. The deferred portions of these motions are RENOTED to 1/8/2021. With respect to Exemption 3, on or before 12/4/2020, the parties shall file a Joint Status Report in the form described in Section II.C.1 on Page 14 of this Order. With respect to Exemption 5 and the documents redacted pursuant to the attorney-client privilege, on or before 12/4/2020, the Navy shall file revised Vaughn Indices and a supplemental declaration as indicated in Section II.C.2.b on Page 19 of this Order. With respect to Exemptio n 6, on or before 12/4/2020, the Navy shall (i) show cause why it should not be required to disclose to plaintiff which Navy personnel and contractors developed Appendices J and K to the NWTT Final Supplemental EIS/OEIS, and (ii) file a declaratio n as required in Section II.C.3 on Page 34 of this Order. Plaintiff's supplemental response (12 pages or less) is due by 12/28/2020, and the Navy's supplemental reply (six pages or less) is due by 1/8/2021. Signed by Judge Thomas S. Zilly. (MW)
10. WAW 2:2019cv01051 — Northwest Environmental Advocates v. US Environmental Protection Agency

    • November 17, 2020: JOINT STATUS REPORT AND ORDER: Joint Status Report due by 12/3/2020. Signed by Judge James L. Robart. (LH)
11. WAW 2:2020cv00272 — Goebel v. Federal Aviation Administration

    • November 20, 2020: MINUTE ORDER granting the parties' [28] Stipulated Motion for relief from deadlines. Joint Status Report due by 12/3/2020. Authorized by U.S. District Judge John C. Coughenour. (PM)