FOIA Activity: 8 New Procedural or Substantive Decisions

We have added 8 decisions of a procedural or substantive nature filed between August 8, 2021 and August 14, 2021. These are associated with 7 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. ID 1:2021cv00219 — Western Watersheds Project v. National Park Service

   • August 11, 2021: MEMORANDUM DECISION AND ORDER. The Joint Motion to Expedite Consideration of Defendants Request to Stay all Deadlines (Dkt. [10] ) is GRANTED; The Request for a stay all deadlines, particularly to file an Answer, is DENIED; NPS shall file an answer or other responsive pleading on or before August 31, 2021. Signed by Judge David C. Nye. (alw)
2. MA 1:2020cv10189 — Hawkinson v. Immigration and Customs Enforcement et al

   • August 12, 2021: Chief Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION TO STRIKE (Halley, Taylor)
3. NCE 5:2020cv00363 — Queern v. The United States

   • August 12, 2021: ORDER denying [31] Motion for Expedited Consideration regarding [30] Order; granting in part and denying in part [32] Motion for Expedited Consideration regarding [23] Order on Memorandum and Recommendation; denying as moot [34] Motion to Alte r or Amend Judgment regarding [33] Notice to Plaintiff and for Relief from a Final Judgment, Order, or Proceeding. The court will permit the Plaintiff to file, on or before September 10, 2021, a Second Amended Complaint as directed herein. The ninety -day period for service required by Rule4(m) of the Federal Rules of Civil Procedure will commence upon the filing of the Second Amended Complaint on or before September 10, 2021 or, if no such pleading is filed, the court will extend the time for se rvice to September 30, 2021 based on the filing of the Amended Complaint (DE 28). Signed by Chief US District Judge Richard E. Myers II on 8/12/2021. Plaintiff is reminded to read the order in its entirety for other critical information and deadlines. (Waddell, K.)
4. NYS 1:2015cv05487 — Seife v. United States Food and Drug Administration

   • August 10, 2021: MEMORANDUM OPINION AND ORDER: re: [73] CROSS MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment. filed by Charles Seife, [66] MOTION for Summary Judgment. filed by United States Food and Drug Administration. For the foregoing reasons, Defendant's motion for summary judgment is denied as to the documents listed at entries 64-68 and 105 of the Vaughn index, and is otherwise granted as set forth above. Plaintiff's cross-motion for summary judgment is granted as to entries 64-68 and 105 of the Vaughn index, and is otherwise denied. Defendant is directed to produce the documents corresponding to entries 64-68 and 105 of the Vaughn index within 14 days of th e date of this Memorandum Opinion and Order. The Clerk of Court is respectfully directed to enter judgment in accordance with this decision and close this case. The Memorandum Opinion and Order resolves docket entry numbers 66 and 73. So Ordered. (Signed by Judge Laura Taylor Swain on 8/10/2021) (js) Transmission to Orders and Judgments Clerk for processing.
   • August 10, 2021: CLERK'S JUDGMENT re: [84] Memorandum & Opinion. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated August 10, 2021, Defendant's motion for summary judgment is d enied as to the documents listed at entries 64-68 and 105 of the Vaughn index, and is otherwise granted as set forth above. Plaintiff's cross-motion for summary judgment is granted as to entries 64-68 and 105 of the Vaughn index, and is otherwise denied; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 8/10/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
5. NYS 1:2021cv05450 — Keefe v. Federal Bureau Of Investigation

   • August 9, 2021: ORDER: The parties are directed to submit a Rule 26(f) report byAugust 20, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 8/09/2021) (ama)
6. WAW 2:2015cv00369 — Microsoft Corporation v. Internal Revenue Service

   • August 13, 2021: ORDER granting the Parties' [51] Second Consent Motion Regarding Case Schedule. The IRS to provide draft revised Vaughn indices by 8/27/2021. The IRS to file its motion for summary judgment by 10/29/2021. Signed by Judge Ricardo S. Martinez. (PM)
7. WAW 2:2015cv01605 — Microsoft Corporation v. Internal Revenue Service

   • August 13, 2021: ORDER granting the parties' [36] Second Consent Motion Regarding Case Schedule. The IRS to provide draft revised Vaughn indices by 9/17/2021. The IRS to file its motion for summary judgment by 10/29/2021. Signed by Judge Ricardo S. Martinez. (PM)