FOIA Activity: 14 New Procedural or Substantive Decisions

We have added 14 decisions of a procedural or substantive nature filed between March 7, 2021 and March 13, 2021. These are associated with 12 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 3:2020cv06893 — Ecological Rights Foundation v. United States Environmental Protection Agency

   • March 10, 2021: ORDER by Judge Vince Chhabria granting as modified [25] Stipulated production schedule and request to vacate current deadlines. (vclc2S, COURT STAFF) (Filed on 3/10/2021)
2. CAS 3:2020cv00990 — Voice of San Diego v. Federal Communications Commission et al

   • March 10, 2021: ORDER Setting Briefing Schedule. Plaintiff shall file its motion for attorney's fees by May 10, 2021. Defendants shall respond by May 24, 2021. Plaintiff shall file a reply by June 1, 2021. Signed by Magistrate Judge Nita L. Stormes on 3/10/2021. (tcf)
3. DC 1:2017cv01208 — CENTER FOR BIOLOGICAL DIVERSITY v. U.S. BUREAU OF LAND MANAGEMENT

   • March 9, 2021: MEMORANDUM OPINION regarding the defendant U.S. Department of the Interior's [29] Motion for Summary Judgment and the plaintiff's [30] Motion for Partial Summary Judgment. Signed by Chief Judge Beryl A. Howell on March 9, 2021. (lcbah3)
4. DC 1:2019cv00876 — JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

   • March 11, 2021: MEMORANDUM OPINION re Defendant's [15] Motion for Summary Judgment, Plaintiff's [17] Cross Motion for Summary Judgment, and Defendant's [23] Motion to Correct the Record. Signed by Judge Trevor N. McFadden on 3/11/2021. (lctnm2)
5. DC 1:2020cv01400 — CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY

   • March 12, 2021: MEMORANDUM OPINION re: [16] Order granting [9] Defendant's Motion for Summary Judgment and denying [11] Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 03/12/2021. (lccrc3)
6. MIE 2:2016cv14192 — Michigan Immigrant Rights Center et al v. Department of Homeland Security et al

   • March 8, 2021: OPINION & ORDER Granting In Part Plaintiffs' Joint Petition for Attorney Fees and Costs (Dkt. [89] ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
7. MIE 3:2020cv12526 — Glennborough Homeowners Association v. The United States Postal Service

   • March 8, 2021: OPINION AND ORDER granting [6] Defendant's Motion to Dismiss and Dismissing Case. Signed by District Judge Robert H. Cleland. (LWag)
   • March 8, 2021: JUDGMENT in favor of Defendant United States Postal Service against Plaintiff Glennborough Homeowners Association (LWag)
8. NYS 1:2019cv00234 — Open Society Justice Initiative v. Central Intelligence Agency et al

   • March 9, 2021: ORDER granting (179) Motion for Reconsideration re (179 in 1:19-cv-00234-PAE) MOTION for Reconsideration re; (176 in 1:19-cv-00234-PAE) Memorandum & Opinion,,, in part. filed by Office of the Director of National Intelligence, Central Intelligence Agency in case 1:19-cv-00234-PAE. In light of this ruling, the Court grants the Government's motion for partial reconsideration insofar as the Government argued, on the basis of its newly filed classified submissions, tha t issuing a Vaughn index with respect to whether or not the agencies possess a tape "could cause specific and identifiable harms to national security." Dkt. 180 at 10. The Court denies the Government's motion for partial reconsiderat ion insofar as the Government argued that the Court had erred in finding that official statements as to the agencies' possession of the tape constituted an official acknowledgment, precluding the agencies from making a Glomar response. Id. at 1. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 179. As previously ordered, see Dkt. 98, the Court will hold a telephonic status conference in this matter on March 24, 2021 at 3 p.m. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 3/9/2021) Filed In Associated Cases: 1:19-cv-00234-PAE, 1:19-cv-01329-PAE (jca)
9. NYS 1:2019cv07058 — American Civil Liberties Union Immigrants' Rights Project v. United States Immigration and Customs Enforcement

   • March 10, 2021: MEMORANDUM DECISION AND ORDER granting [30] Motion for Summary Judgment; denying [33] Motion for Summary Judgment. Defendant's motion for summary judgment dismissing Plaintiffs claims, (ECF No. 30), is GRANTED. Plaintiff's cross-motion, (ECF No. 33), is DENIED. The Clerk of Court is directed to close the motions accordingly.. (Signed by Judge George B. Daniels on 3/10/2021) (ks) Transmission to Orders and Judgments Clerk for processing.
   • March 10, 2021: CLERK'S JUDGMENT re: [52] Order on Motion for Summary Judgment. in favor of United States Immigration and Customs Enforcement against American Civil Liberties Union Immigrants' Rights Project. It is hereby ORDERED, ADJUDGED AND DECREED : That for the reasons stated in the Court's Memorandum Decision and Order dated March 10, 2021, Defendant's motion for summary judgment dismissing Plaintiff's claims (ECF No. 30), is granted; Plaintiff's cross-motion, (ECF No. 33), is denied. (Signed by Clerk of Court Ruby Krajick on 3/10/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
10. NYS 1:2020cv04284 — International Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services

    • March 10, 2021: ORDER denying [46] Letter Motion to Stay re: [46] LETTER MOTION to Stay re: [40] MOTION for Partial Summary Judgment. Pending Resolution of USCIS's Motion to Dismiss for Lack of Jurisdiction addressed to Magistrat e Judge Robert W. Lehrburger from Danielle J. Levine date LETTER MOTION for Extension of Time to File Response/Reply as to [40] MOTION for Partial Summary Judgment. In the Alternative to USCIS's Motion for a Stay addres sed to Magistrate Judge Robert W. Lehrburger from Danielle J ; granting in part and denying in part [46] Letter Motion for Extension of Time to File Response/Reply re [46] LETTER MOTION to Stay re: [40] MOTION for Partial Summary Judgmen t. Pending Resolution of USCIS's Motion to Dismiss for Lack of Jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine date LETTER MOTION for Extension of Time to File Response/Reply as to [4 0] MOTION for Partial Summary Judgment. In the Alternative to USCIS's Motion for a Stay addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Defendant's request for a stay with respect to the motion for summary judgment comes far too late and is denied. Defendant's request for an extension of time to file is granted in part and denied in part. Defendant's responsive papers shall be due April 7, 2021; Plaintiff's reply shall be due April 28, 2021. SO ORDERED. (Responses due by 4/7/2021, Replies due by 4/28/2021.). (Signed by Magistrate Judge Robert W. Lehrburger on 3/10/2021) (kv)
11. NYS 1:2020cv10660 — Immigrant Defense Project v. United States Immigration and Customs Enforcement

    • March 10, 2021: ORDER: Following a telephone conference held with the parties this afternoon, the Court hereby ORDERS as follows: The parties shall continue to meet and confer to clarify and finalize the scope of Plaintiff's document requests. On Wednesday, March 17, 2021, Defendant shall file a letter setting forth an anticipated timeline for a rolling production responsive to Plaintiff's document requests, which should include, at minimum, the dates on which Defendant anticipates that it will (a) begin production of documents from the approximately-400-page "tranche" of documents discussed during todays conference; (b) complete production of documents from that tranc he; (c) complete its search for other documents responsive to Plaintiff's document requests; (d) begin a rolling production of such responsive documents; and (e) complete such rolling production. Plaintiff shall file any responsive letter no later than Friday, March 19, 2021. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 3/10/2021) (js)
12. VT 2:2019cv00238 — Shapiro v. United States Social Security Administration

    • March 8, 2021: OPINION AND ORDER granting in part and denying in part Defendant's [14] MOTION to Dismiss For Failure to State a Claim, or, in the alternative Motion for Summary Judgment; granting in part and denying in part Plaintiff's [16] Cross Motion for Summary Judgment. The court ORDERS Defendant to specify a basis for withholding the initial 1,377 responsive documents identified under Exemptions 5 and 6 within thirty (30) days of this Opinion and Order. Signed by Judge Christina Reiss on 3/8/2021. (kp)