FOIA Activity: 22 New Procedural or Substantive Decisions

We have added 22 decisions of a procedural or substantive nature filed between March 28, 2021 and April 3, 2021. These are associated with 20 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 2:2019cv02429 — (PS) Graham v. U.S. Dept. of Homeland Security et al

   • March 31, 2021: ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/30/2021 GRANTING [14] plaintiff's motion for leave to file an amended complaint. Within 30 days from the date of this order, plaintiff shall file his first amended complaint. DENIED as MOOT Defendants' [10] motion to dismiss. Defendants shall file a response to plaintiff's first amended complaint within the time prescribed by the Federal Rules of Civil Procedure. (Reader, L)
2. DC 1:2016cv00720 — HUMANE SOCIETY INTERNATIONAL v. UNITED STATES FISH AND WILDLIFE SERVICE et al

   • March 29, 2021: MEMORANDUM OPINION in support of [66] Order. Signed by Judge Timothy J. Kelly on 03/29/2021. (lctjk3)
3. DC 1:2018cv00167 — LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW v. U.S. DEPARTMENT OF JUSTICE et al

   • March 30, 2021: ORDER adopting [46] Report and Recommendation; granting in part and denying in part without prejudice [37] defendants' motion for summary judgment; and denying in part and denying in part without prejudice [38] plaintiff's motion for summary judgment. Signed by Judge Emmet G. Sullivan on 3/30/2021. (lcegs1)
4. DC 1:2018cv00342 — CENTER FOR BIOLOGICAL DIVERSITY v. U.S. FISH AND WILDLIFE SERVICE et al

   • March 31, 2021: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 3/31/21. (lcabj2)
5. DC 1:2018cv01202 — PROPERTY OF THE PEOPLE, INC. et al v. DEPARTMENT OF JUSTICE et al

   • March 31, 2021: MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on March 31, 2021. (lccjn1)
6. DC 1:2018cv01749 — HALL & ASSOCIATES v. U.S. ENVIRONMENTAL PROTECTION AGENCY

   • March 31, 2021: MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. [56] , is GRANTED in part and DENIED in part, and that Plaintiff's motion for summary judgment, Dkt. [62] , is GRANTED in part and DENIED in part. It is further ORDERED that (1) Defendant's motion for summary judgment is GRANTED with respect to Documents 14, 26, 27, and 34, and with respect to the first withholding in Document 35; (2) Defendant' s motion for summary judgment is GRANTED as to all withheld portions of Document 9 with the exception of the potentially segregable withholdings identified in the Court's opinion, as to which Defendant's motion for summary judgment is DENIE D; (3) Defendant's motion for summary judgment is DENIED on the merits with respect to Documents 31, 32, and the second withholding in Document 35; (4) Defendant's motion for summary judgment is DENIED as premature with respect to Documents 21, 23, 24, and 33; (5) Plaintiff's motion for summary judgment is GRANTED with respect to the second withholding made in Document 35; (6) Plaintiff's motion for summary judgment is DENIED without prejudice in all other respects; (7) Plain tiff's motion for leave to file supplemental authority, Dkt. [75] , is GRANTED; (8) each party shall file a status report with the Court on or before April 30, 2021, addressing whether the parties' dispute over Documents 21, 23, 24, and 33 s till presents a live, justiciable controversy; and (9) Defendant shall, on or before April 30, 2021, produce the hyperlinked material in Document 9 to the Court in camera or show good cause why it need not do so. Signed by Judge Randolph D. Moss on 3/31/2021. (lcrdm3)
7. DC 1:2018cv02071 — CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. GENERAL SERVICES ADMINISTRATION

   • March 29, 2021: MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 3/29/21. (lcckk3)
8. DC 1:2019cv00870 — BURNETT v. DOJ/DEA

   • March 31, 2021: MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on March 31, 2021. (lccjn2)
9. DC 1:2019cv03018 — SIERRA CLUB v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

   • March 31, 2021: MEMORANDUM OPINION AND ORDER granting Plaintiff's [23] Motion for Attorney's Fees and Costs. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 3/31/2021. (lcapm2) Modified document type on 4/6/2021 (zjd).
10. ILN 1:2018cv05391 — Stevens v. Broadcasting Board of Governors et al

    • March 30, 2021: MEMORANDUM Opinion and Order. Signed by the Honorable Mary M. Rowland on 3/30/2021. Mailed notice. (dm, )
    • March 30, 2021: MEMORANDUM Opinion and Order. Signed by the Honorable Mary M. Rowland on 3/30/2021. Mailed notice. (dm, )
11. NYS 1:2019cv04740 — New York Times Company et al v. U.S. Food and Drug Administration

    • March 29, 2021: OPINION AND ORDER re: [19] MOTION for Summary Judgment filed by U.S. Food and Drug Administration, [25] CROSS MOTION for Summary Judgment filed by New York Times Company, Sheila Kaplan. For the foregoing reasons, F DA's motion for summary judgment is DENIED without prejudice and Plaintiffs' cross-motion for summary judgment is DENIED without prejudice. FDA is instructed to submit a revised Vaughn index addressing internal Juul classificati ons, analyses, or communications concerning consumer and non-consumer complaints. FDA must also supplement the Vaughn index entries concerning the records in the Consumer Research and Strategy category. Finally, FDA must submit a seg regability analysis concerning any records that contain internal Juul analysis or communication in addition to complaints and Juul's responses to complaints. To the extent FDA seeks to continue withholding the contested records, it must submit a renewed motion for summary judgment along with the above materials not later than May 17, 2021. Plaintiffs may submit a renewed cross-motion for summary judgment not later than June 14, 2021. The Court also encourages the parties to meet-and-confer in light of this opinion to determine whether further motion practice can be obviated by a mutually agreeable production of records. The Clerk of Court is respectfully requested to terminate the open motions at Dkt. 19 and Dkt. 25. ( Cross Motions due by 6/14/2021., Motions due by 5/17/2021.) (Signed by Judge Valerie E. Caproni on 3/29/2021) (mro)
12. NYS 1:2019cv05779 — The New York Times Company et al v. Department of Defense

    • March 29, 2021: ORDER: The April 8, 2021 oral argument is adjourned to May 6, 2021 at 11:00 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 3/29/2021) ( Oral Argument set for 5/6/2021 at 11:00 AM before Judge George B. Daniels.) (ks)
    • March 31, 2021: ORDER: The oral argument scheduled for May 6, 2021 is adjourned to June 10, 2021 at 10:30 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 3/31/2021) ( Oral Argument set for 6/10/2021 at 10:30 AM before Judge George B. Daniels.) (ks)
13. NYS 1:2020cv09917 — Emery Celli Brinckerhoff Abady Ward & Maazel, LLP v. United States Department of Justice et al

    • April 2, 2021: ORDER denying [19] Letter Motion to Stay re: [19] JOINT LETTER MOTION to Stay addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 3/31/2021. Since Plaintiff and Defendant agree to postpone production, a stay is unnecessary. The parties shall jointly report the status of proceedings by June 1, 2021, and appear for a conference on June 18, 2021, at 10:00 a.m. So ordered,. (Signed by Judge Alvin K. Hellerstein on 4/2/21) (yv)
14. NYS 1:2020cv10324 — Wilson v. Federal Bureau Of Investigation

    • March 31, 2021: ORDER: Following a telephone conference with the parties today, the Court Orders as follows: On April 30, 2021, the parties shall file a joint letter regarding the status of this action. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 3/31/2021) (js)
15. NYS 1:2021cv00024 — Cox v. Johnson et al

    • April 2, 2021: ORDER: The parties are hereby ORDERED to file a joint status report, including how they would like to proceed in the litigation, by no later than May 3, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/2/2021) (jca)
16. WAW 2:2015cv00369 — Microsoft Corporation v. Internal Revenue Service

    • March 29, 2021: ORDER granting the parties' [46] Joint Motion to Extend Time Regarding Case Schedule. The IRS to provide draft revised declarations: June 15, 2021; The IRS to provide draft revised Vaughn indices: August 13, 2021; The IRS to file its motion for summary judgment: September 13, 2021. Signed by Judge Ricardo S. Martinez. (PM)
17. WAW 2:2015cv01605 — Microsoft Corporation v. Internal Revenue Service

    • March 29, 2021: ORDER granting the parties' [32] Joint Motion to Extend Time Regarding Case Schedule. The IRS to provide draft revised declarations: June 15, 2021; The IRS to provide draft revised Vaughn indices: August 13, 2021; The IRS to file its motion for summary judgment: September 13, 2021. Signed by Judge Ricardo S. Martinez. (PM)
18. WAW 2:2019cv00645 — National Parks Conservation Association v. US Department of the Navy

    • March 30, 2021: ORDER: Plaintiff's motion for reconsideration, docket no. [54] , is DENIED in part and STRICKEN in part as moot. The deferred portions of the Navy's motion for summary judgment, docket no. [27] , are GRANTED as to Exemptions 5 and 6 and Cl aim II and further DEFERRED as to Exemption 3. The deferred portions of plaintiff's motion for summary judgment, docket no. [32] , are DENIED as to Exemptions 5 and 6 and Claim II and further DEFERRED as to Exemption 3. The deferred portions o f the cross-motions for summary judgment, docket nos. [27] and [32] , and this case are STAYED until further order. Within three (3) months of the date of this Order, i.e., by June 30, 2021, the Navy shall file a status report concerning the DCRIT determinations solicited from the Director of Administration. Signed by Judge Thomas S. Zilly.(LH)
19. WAW 2:2020cv01309 — Kinnucan v. National Security Agency et al

    • March 30, 2021: ORDER re Parties' [13] Status Report and Stipulated Motion. The Court GRANTS the Parties' Motion and allows the Parties an additional 60 days to continue to confer. However, this will be the Parties' final extension. If they are unable to come to an agreement, they must propose a briefing schedule within 60 days of the date of this Order. Signed by Judge Marsha J. Pechman. (PM)
20. WAW 2:2021cv00073 — Blevins v. Bureau of Alcohol Tobacco Firearms and Explosives et al

    • March 30, 2021: ORDER DISMISSING CLAIM AGAINST DEFENDANT UNITED STATES ATTORNEY'S OFFICE. Signed by Judge James L. Robart. (MW) (cc: Plaintiff via USPS)