FOIA Activity: 6 New Procedural or Substantive Decisions

We have added 6 decisions of a procedural or substantive nature filed between April 4, 2021 and April 10, 2021. These are associated with 6 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. DC 1:2020cv00631 — COX et al v. DEPARTMENT OF TREASURY, et al

   • April 6, 2021: MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Tanya S. Chutkan on 4/6/2021.(psu1)
2. MIW 1:2020cv01113 — Ruza v. Consumer Financial Protection Bureau

   • April 9, 2021: ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION [11] : Defendant's Motion to Dismiss for Lack of Jurisdiction [5] is granted; Plaintiff's Complaint [1] is dismissed; signed by District Judge Hala Y. Jarbou (aks)
3. MN 0:2020cv01207 — Greene v. U.S. Department of Justice et al

   • April 9, 2021: OPINION AND ORDER: Plaintiff's Motion for Enlargement of Time [29] is GRANTED. Defendants' Motion to Dismiss or for Summary Judgment [17] is GRANTED IN PART and DENIED IN PART. Except for Plaintiff's timeliness claim, which is dismissed without prejudice, Plaintiff's Complaint [1] is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. See Order for specifics. (Written Opinion). Signed by Judge Eric C. Tostrud on 4/9/2021. (RMM)
4. NCE 5:2020cv00363 — Queern v. The United States

   • April 9, 2021: ORDER denying [25] Motion to Join [David Wickersham and Elaine Luria] as Defendants in their Individual Capacity; denying [26] Motion for Amended or Additional Findings; denying [27] Motion for Expedited Consideration. The court will permit th e Plaintiff to file a Second Amended Complaint, if he so chooses, on or before April 23, 2021. If Plaintiff fails to comply with this deadline, the court will proceed in the action on the Plaintiff's Amended Complaint (DE 28). Plaintiff is reminded to the read the order in its entirety for other critical information. Signed by Chief US District Judge Richard E. Myers II on 4/9/2021. (Waddell, K.)
5. NYS 1:2020cv10083 — American Civil Liberties Union v. United States Department of Homeland Security et al

   • April 9, 2021: ORDER: Plaintiff American Civil Liberties Union ("ACLU") filed a FOIA request seeking records from the U.S. Department of Homeland Security ("DHS"), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement ("ICE") (collectively, "Defendants") regarding their purchase and use of cell phone location data. As discussed at yesterday's conference, the Government will file a declaration from ICE explaining its positi on that it cannot process and produce more than 500 pages of responsive records per month. In addition, the Government will file a letter stating the estimated volume of responsive records from DHS, DHS's proposed rate of processing those r ecords, and whether the U.S. Coast Guard or Secret Service have records responsive to the ACLU's request. The Government will file any declarations and its letter stating Defendants' position with respect to any outstanding record search, processing and production issues by April 16, 2021. The ACLU will file its response by April 23, 2021. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/9/2021) (ks)
6. WAW 2:2018cv01141 — The Human Rights Defense Center et al v. U.S. Department of Homeland Security et al

   • April 6, 2021: ORDER: Plaintiffs' Motion, docket no. [29] , is GRANTED as to Plaintiffs' claim that Defendants violated FOIA by improperly withholding the names in the Settlement; Plaintiffs' Motion, docket no. [29] , is otherwise DENIED. The Court sua sponte GRANTS summary judgment in favor of Defendants as to Plaintiffs' claim that Defendants violated FOIA by failing to timely respond. This claim is DISMISSED with prejudice; The Court hereby declares that the redaction of names in the Settlement are subject to disclosure under FOIA; Defendants are hereby enjoined from withholding the redacted names and are ORDERED to produce the unredacted version of the Settlement to Plaintiffs within fourteen (14) days of this Order. Se e 5 U.S.C. § 552(a)(4)(B); Plaintiffs are awarded reasonable attorneys' fees and costs pursuant to 5 U.S.C. § 552(a)(4)(E), in an amount to be determined; Plaintiffs are DIRECTED to file any motion for attorneys' fees and costs within thirty (30) days of this Order. Signed by Judge Thomas S. Zilly.(MW)