FOIA Activity: 20 New Procedural or Substantive Decisions

We have added 20 decisions of a procedural or substantive nature filed between January 24, 2021 and January 30, 2021. These are associated with 19 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

   • January 25, 2021: ORDER REGARDING MOOTNESS FOLLOWING DISCLOSURE OF DOCUMENT signed by District Judge Anthony W. Ishii on 1/25/2021. IT IS HEREBY ORDERED this case is not mooted by the production of the Form 709 without the attached Form 706. This case remains activ e and pending. Within fourteen (14) days of service of this order, the IRS shall submit a supplement, consistent with the July 24, 2020 Order (Doc. No. 26) and the Order of Clarification (Doc. No. 31), to the re-noticed summary judgment motion. Wit hin fourteen (14) days of service of the IRSs supplement, Plaintiff may file an opposition to the re-noticed summary judgment motion. Within seven (7) days of service of Plaintiff's opposition, the IRS shall file a reply. If, after receiving the parties' submissions, the Court determines that a hearing on the re-noticed summary judgment would be helpful, the Court will set a hearing date at that time. (Gonzales, V)
2. DC 1:2019cv01230 — BALL v. UNITED STATES MARSHAL SERVICE et al

   • January 26, 2021: MEMORANDUM OPINION re [37] Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 1/26/2021. (lcjeb3)
3. DC 1:2019cv01384 — JUDICIAL WATCH, INC. et al v. U.S. DEPARTMENT OF DEFENSE

   • January 27, 2021: MEMORANDUM OPINION regarding the [15] Motion for Summary Judgment and [18] Cross Motion for Summary Judgment. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on January 27, 2021. (lcdlf3)
4. DC 1:2020cv00442 — EDDINGTON v. U.S. DEPARTMENT OF DEFENSE

   • January 25, 2021: MEMORANDUM OPINION re: [12] Defendant's Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 1/25/2021. (lcapm2)
5. FLS 9:2018cv81742 — Scott v. Internal Revenue Service

   • January 26, 2021: OPINION AND ORDER granting in part and denying in part [20] Motion for Summary Judgment; granting in part and denying in part [25] Motion for Summary Judgment. Signed by Judge Kenneth A. Marra on 1/26/2021. See attached document for full details. (ir)
6. FLS 9:2018cv81750 — Scott v. Internal Revenue Service

   • January 26, 2021: OPINION AND ORDER granting in part and denying in part 37 Motion for Summary Judgment; granting in part and denying in part [27] Motion for Summary Judgment. Signed by Judge Kenneth A. Marra on 1/26/2021. See attached document for full details. (ir)
7. MA 1:2020cv11127 — Stylianos et al v. US Citizenship and Immigration Services

   • January 28, 2021: Judge Indira Talwani: ORDER entered. Memorandum and Order DENYING Plaintiffs' Motion for Summary Judgment [13] and GRANTING Defendant's Motion for Summary Judgment [21] Please see attached. (Kelly, Danielle)
8. NYS 1:2020cv03063 — The New York Times Company v. Department of Health and Human Services

   • January 25, 2021: MEMORANDUM AND ORDER: re: [32] LETTER MOTION to Stay re: (31 in 1:20-cv-03063-GWG) Memorandum & Opinion, addressed to Magistrate Judge Gabriel W. Gorenstein from Jennifer C. Simon dated January 21, 2021 filed by Department of Health and Human S ervices. Accordingly, it is hereby ORDERED that the Court's January 13, 2021, order pursuant to 5 U.S.C. § 552(a)(4)(B) enjoining the Government to produce the Report to plaintiffs by January 27, 2021, is hereby stayed pending appeal, provi ded: (1) the Government files a notice of appeal, Form C, and Form D on or before February 3, 2021; timely notifies the Second Circuit Clerk pursuant to Second Circuit Local Rule 31.2(a)(1)(A) that it will file its brief by February 24, 2021; and fil es its brief by February 24,2021; (2) the Government files its reply brief within 14 days of the filing of the appellees' brief; (3) if plaintiffs file a motion for expedited consideration of the appeal (that is, a motion to have the case heard by the first available panel), the Government states, or authorizes plaintiffs to state, that it consents to the relief requested; (4) if the Government states to the Circuit that it is unavailable for oral argument on certain dates, that it does so for only a minimal number of dates; and (5) the Government prepares the Report that is the subject of the Opinion and Order (that is, with the Exemption 6 redactions, if any) by February 10, 2021, so that it is ready to be produced to plaintiffs on o ne day's notice in the event the stay is vacated or the Court's order is affirmed. The Government is directed to file a sworn statement on or before February 10, 2021, confirming that it has complied with condition (5) above. If that condition or any of the other conditions are not satisfied, plaintiffs have leave to seek vacatur of the stay. SO ORDERED., ( Brief due by 2/24/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/25/2021) (ama)
9. NYS 1:2020cv04284 — International Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services

   • January 25, 2021: ORDER granting [34] LETTER MOTION to Seal Dkt. Nos. 30, 32, and 33. The Clerk of the Court is directed to seal the listed documents for all parites. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/25/2021) (jca)
10. NYS 1:2020cv06625 — Open Society Justice Initiative v. Office of the Director of National Intelligence

    • January 29, 2021: ORDER granting [39] Letter Motion to Stay. Granted. So Ordered. (Signed by Judge Paul A. Engelmayer on 1/28/2021) (js)
11. NYS 1:2020cv10140 — Natural Resources Defense Council, Inc. v. U.S. Department of the Interior

    • January 25, 2021: ORDER: This case arises under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed three pages, provi ding (1) a brief description of the materials sought by Plaintiff, the basis for seeking the materials, and the status of any productions already made; (2) a brief description of any claim exemptions from production by Defendant; (3) an anticipat ed timeline for production of further materials; and (4) whether there is any need for discovery or an initial conference in this case. If there is no such need for discovery or an initial conference, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. (Signed by Judge John P. Cronan on 1/25/2021) (cf)
12. NYS 1:2020cv10324 — Wilson v. Federal Bureau Of Investigation

    • January 26, 2021: ORDER: This case has been assigned to me for general pretrial management. (Order, ECF No. 6.) The parties (or, if no defendant has appeared in the case, only the plaintiff) shall appear for a Telephone Conference on Wednesday, February 3, 2021 at 2:00 p.m. to discuss the status of this case. At the scheduled time, each participant shall separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. So Ordered. (Telephone Conference set for 2/3/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 1/26/2021) (js)
    • January 27, 2021: ORDER granting [10] Letter Motion for Extension of Time; granting [10] Letter Motion to Adjourn Conference: Request GRANTED. Defendant shall respond to Plaintiff's Complaint by March 15, 2021, and the conference scheduled for February 3, 2021 is hereby adjourned to Wednesday, March 24, 2021, at 2:00 p.m (Telephone Conference set for 3/24/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 1/27/2021) (jwh) Modified on 1/27/2021 (jwh).
13. TXW 3:2019cv00236 — Diocesan Migrant & Refugee Services, Inc. v. U.S. Immigration and Customs Enforcement

    • January 28, 2021: ORDER GRANTING [56] Plaintiff's Opposed Application for Attorney Fees and Costs. Signed by Judge Frank Montalvo. (fm)
14. WAW 2:2017cv01854 — The University of Washington et al v. Department of Defense et al

    • January 26, 2021: STIPULATED ORDER FOR DISMISSAL re Parties' [70] Stipulation: IT IS HEREBY ORDERED that the Parties' Stipulation and Order for Dismissal is GRANTED for the reasons set forth in the Stipulation. Signed by Judge Marsha J. Pechman. (LH)
15. WAW 2:2018cv01387 — Sea Shepherd Legal v. Department of the Interior

    • January 26, 2021: ORDER re Parties' [46] Joint Status Report. Joint Status Report due by 2/1/2021. Signed by Judge James L. Robart. (LH)
16. WAW 2:2018cv01442 — The Human Rights Defense Center et al v. U.S. Department of Health and Human Services et al

    • January 26, 2021: ORDER granting Parties' [61] Stipulated Motion re Dismissal. This matter is DISMISSED WITH PREJUDICE. Signed by Judge James L. Robart. (LH)
17. WAW 2:2020cv01309 — Kinnucan v. National Security Agency et al

    • January 27, 2021: ORDER re Parties' [10] Stipulated Motion and Status Report. The parties shall provide this Court with a status update within 60 days. Signed by Judge Marsha J. Pechman. (LH)
18. WAW 2:2020cv01412 — Sea Shepherd Legal v. National Oceanic and Atmospheric Administration et al

    • January 26, 2021: ORDER re [18] Joint Status Report. The Court finds good cause shown for the parties to continue working towards a resolution of this matter. The parties shall submit a joint status report to the Court on or before March 23, 2021. Signed by Judge James L. Robart. (LH)
19. WAW 2:2021cv00075 — Oram v. Wilkie et al

    • January 26, 2021: ORDER granting Plaintiff's [4] Motion for Leave to Proceed In Forma Pauperis. However, the Court recommends the complaint be reviewed under 28 U.S.C. § 1915(e)(2)(B) before issuance of summons. Signed by Hon. Michelle L. Peterson. (PM) cc: Plaintiff via USPS