FOIA Activity: 5 New Procedural or Substantive Decisions

We have added 5 decisions of a procedural or substantive nature filed between August 22, 2021 and August 28, 2021. These are associated with 4 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 1:2006cv01255 — MARINO v. DRUG ENFORCEMENT ADMINISTRATION

   • August 26, 2021: MEMORANDUM OPINION in support of [151] Order denying Plaintiff's [130] Motion for Summary Judgment and granting Defendant's [136] Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 8/26/2021. (lctjk1)
2. NYS 1:2019cv05779 — The New York Times Company et al v. Department of Defense

   • August 25, 2021: MEMORANDUM DECISION AND ORDER re: [46] CROSS MOTION for Summary Judgment. filed by The New York Times Company, Carol Rosenberg, [39] MOTION for Summary Judgment. filed by Department of Defense. Defendant's motion f or summary judgment dismissing Plaintiffs' claims, (ECF No. 39), is GRANTED. PLaintiffs' cross-motion for summary judgment, (ECF No. 46), is DENIED. The Clerk of Court is directed to close the motions and case accordingly. (Signed by Judge George B. Daniels on 8/25/2021) (ate)
3. NYS 1:2020cv01946 — Documented NY v. United States Department of State et al

   • August 26, 2021: ORDER: On September 11, 2020, the Government filed a status update that stated its capability to process and produce records in response to Plaintiff's FOIA request was limited, in part, by the COVID-19 pandemic. Dkt. No. 27. Plaintiff filed on September 17, 2020, a motion to expedite the Government's production. Dkt. No. 28. The Government's response to that motion filed September 23, 2020, again indicated that its capabilities were limited by the pandemic. Dkt. No. 30. The Government shall file by September 3, 2021, a status update to indicate whether its production capabilities have since changed. Plaintiff shall file a response, if any, by September 7, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/26/2021) (rj)
4. NYS 1:2021cv07052 — First Look Institute, Inc. et al v. U.S. Immigration and Customs Enforcement

   • August 25, 2021: ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed o r designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (vfr)
   • August 25, 2021: ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (vfr)