FOIA Activity: 8 New Procedural or Substantive Decisions

We have added 8 decisions of a procedural or substantive nature filed between April 11, 2021 and April 17, 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. NYS 1:2019cv03112 — American Society for the Prevention of Cruelty to Animals v. The Animal and Plant Health Inspection Service et al

   • April 16, 2021: ORDER: NOW, THEREFORE, it is hereby ORDERED that if no notice of appeal is filed within 60 days of the date of this Order, the agencies shall produce the Records within 65 days of the date of this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/16/2021) (mml)
2. NYS 1:2020cv00833 — The New York Times Company v. Federal Bureau of Prisons

   • April 12, 2021: ORDER: Accordingly, and for the reasons more fully explained at argument, the Court directs the BOP to provide to the Court, for in camera review, the withheld records identified in Exhibit 1 to the supplemental Christenson declaration. D kt. 39-1; see also 5 U.S.C. § 552(a) (4)(B); Int'l Bhd. of Elec. Workers v. NLRB, 845 F.2 1177, 1180 (2d Cir. 1988) (propriety of in camera review "is a matter entrusted to the district court's discretion"). Those re cords, as provided to the Court, should identify which portions of each document were withheld pursuant to which FOIA exemption. As to each document withheld under Exemption 7(A), the records produced should specify the portion(s) thereo f implicated by each prosecution referred to above. The parties are directed to confer and jointly propose, by Friday, April 16, 2021, a schedule for the rolling provision of such records to the Court that contemplates all such records being provided by May 14, 2021. To facilitate the Court's review, the BOP should provide the Court with two sets of these records in binder format. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/12/2021) (va)
   • April 15, 2021: ORDER granting [46] Letter Motion to Seal. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/15/2021) (va)
   • April 15, 2021: ORDER: The Court has received an ex parte application from defendant the Bureau of Prisons ("BOP"), Dkt. 46, requesting a modification to the Court's April 12, 2021 order that the parties submit, by April 16, 2021, a joint prop osed schedule for the production of records for the Court's in camera review, Dkt. 45. Plaintiff the New York Times Company (the "Times") does not oppose that application. Accordingly, the Court amends its prior order as follow s: The parties need not submit any further proposed schedule by April 16, 2021. Instead, by April 30, 2021, the BOP shall make an initial production of records to the Court, as described in the BOP's ex parte letter and discussed on toda y's ex parte teleconference. Also by April 30, 2021, the parties shall submit a proposed joint schedule for the production to the Court of any documents still at issue by May 14, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/15/2021) (va)
3. WAW 2:2018cv01141 — The Human Rights Defense Center et al v. U.S. Department of Homeland Security et al

   • April 15, 2021: STIPULATION AND ORDER re Parties' [38] Stipulated Motion to Stay Pending Appeal: The Court hereby STAYS, until May 20, 2021, the portion of its Order dated April 6, 2021 (Dkt. No. [36] ) that requires Defendants to release an unredacted version of the "Settlement" referenced in the Order (Dkt. No. 34-8). The Court further DENIES AS MOOT Defendants' Motion for Stay Pending Appeal (Dkt. No. [37] ). signed by Judge Thomas S. Zilly.(MW)
4. WAW 2:2018cv01635 — Withey et al v. Federal Bureau of Investigation (FBI)

   • April 15, 2021: MINUTE ORDER re Parties' [120] Stipulation and Proposed Order. The Court hereby ADOPTS the briefing schedule and page limitations set forth in the parties' stipulation and ORDERS the parties to comply with them. Authorized by U.S. District Judge John C. Coughenour. (SR)
5. WAW 2:2019cv00463 — Sea Shepherd Legal v. National Oceanic and Atmospheric Administration et al

   • April 14, 2021: ORDER re Parties' [49] Joint Status Report: The parties shall submit a proposed order regarding the allocation of attorneys' fees to the Court on or before 6/7/2021. Signed by Judge James L. Robart. (LH)
6. WAW 2:2020cv01648 — Friends of Discovery Park v. United States Department of Housing and Urban Development

   • April 14, 2021: MINUTE ORDER: Pursuant to the parties Joint Status Report, docket no. [9] , the parties are DIRECTED to file an additional Joint Status Report by 7/12/2021. Authorized by Judge Thomas S. Zilly. (SR)