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FOIA Activity: 27 New Procedural or Substantive Decisions

by FOIA Project Staff on September 23rd, 2021

We have added 27 decisions of a procedural or substantive nature filed between September 12, 2021 and September 18, 2021. These are associated with 26 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. CAS 3:2021cv01543 — Hart v. Facebook, Inc. et al

    • September 17, 2021: ORDER Granting [9] Joint Motion to Extend Time to Respond to Complaint. Twitter must respond to the Complaint on or before the Federal Government Defendants' deadline to respond pursuant to Federal Rule of Civil Procedure 12(a)(2), which is currently, 11/8/2021. Signed by Judge Michael M. Anello on 9/17/2021. (tcf)

    • September 17, 2021: ORDER Granting [9] Joint Motion to Extend Time to Respond to Complaint. Twitter must respond to the Complaint on or before the Federal Government Defendants' deadline to respond pursuant to Federal Rule of Civil Procedure 12(a)(2), which is currently, 11/8/2021. Signed by Judge Michael M. Anello on 9/17/2021. (tcf)

  2. DC 1:2002cv00603 — WEBSTER et al v. UNITED STATES DEPARTMENT OF JUSTICE et al

    • September 17, 2021: MEMORANDUM OPINION: Granting in Part and Denying in Part [249] 257 Plaintiffs' Motion for Attorneys' Fees; Denying [259] 264 Plaintiffs' Requests to Submit Supplementary Briefing. See document for details. Signed by Judge Rudolph Contreras on 09/17/2021. (lcrc2)
  3. DC 1:2017cv00792 — PROTECT DEMOCRACY PROJECT, INC. v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES

    • September 13, 2021: MEMORANDUM OPINION AND ORDER: For the reasons set forth in the attached Memorandum Opinion and Order, the Court hereby GRANTS in part and DENIES in part, without prejudice, the Department's motion for summary judgment. Specifically, the Court GR ANTS the Department's motion for summary judgment with respect to Document 11 but DENIES the Department's motion without prejudice with respect to the remaining documents. The Court further DENIES without prejudice Protect Democracy's cross-motion for summary judgment. The Court further ORDERS that the Department shall, on or before September 27, 2021, submit unredacted versions of Documents 2a, 2b, 4, 5, 6, 7, 15, 17a, 19, 20, 21, and 23 to the Court for ex parte , in ca mera review, as well as a supplemental declaration concerning Documents 5, 6, and 23. After reviewing these materials, the Court will determine the appropriate next steps for bringing this case to conclusion. See document for details. Signed by Judge Randolph D. Moss on 09/13/2021. (lcrdm1) Modified on 9/14/2021 to correct typo (kt).
  4. DC 1:2018cv02415 — LEOPOLD et al v. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT et al

    • September 17, 2021: MEMORANDUM OPINION: For the reasons set forth in the attached Memorandum Opinion, the Court will GRANT Defendants' motion to dismiss all claims against Defendants DHS, CBP, and USCIS for lack of subject-matter jurisdiction, Dkt. [36] ; will GRANT Defendants' motion for summary judgment, Dkt. [36] ; and will DENY Plaintiffs' cross-motion for summary judgment, Dkt. [38] A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 09/17/2021. (lcrdm1)
  5. DC 1:2019cv03749 — FLYERS RIGHTS EDUCATION FUND, INC et al v. FEDERAL AVIATION ADMINISTRATION

    • September 16, 2021: MEMORANDUM OPINION accompanying [31] Order. Signed by Judge Colleen Kollar-Kotelly on 9/16/21. (lcckk3)
  6. DC 1:2021cv01399 — AMEEN v. U.S. DEPARTMENT OF STATE et al

    • September 13, 2021: MEMORANDUM OPINION AND ORDER DENYING defendants' [11] Motion to Dismiss. See Memorandum Opinion and Order for further details. Signed by Chief Judge Beryl A. Howell on September 13, 2021. (lcbah4)
  7. GAN 1:2018cv05902 — Office of the Fulton County District Attorney v. United States Department of Justice

    • September 16, 2021: OPINION AND ORDER granting [52] Motion for Attorney Fees and Costs. The Court DIRECTS the Clerk to enter judgment in Plaintiffs favor in the amount of $114,637.23 ($113,037.35 in attorneys fees and $1,599.88 in costs). Signed by Judge Michael L. Brown on 9/16/2021. (dob)
  8. NV 3:2021cv00347 — Center for Biological Diversity v. Bureau Of Land Management

    • September 13, 2021: ORDER granting ECF No. [8] Stipulation : The due date for the federal defendant to file its response to the complaint (ECF No. [1] ) is October 15, 2021. Signed by Magistrate Judge Carla Baldwin on 9/13/2021. (Copies have been distributed pursuant to the NEF – DRM)
  9. NYS 1:2019cv00234 — Open Society Justice Initiative v. Central Intelligence Agency et al

    • September 13, 2021: OPINION & ORDER re: (214 in 1:19-cv-00234-PAE) MOTION for Summary Judgment, filed by Office of the Director of National Intelligence, Central Intelligence Agency; (220 in 1:19-cv-00234-PAE) CROSS MOTION for Summary Judgment Notice o f Cross-Motion for Summary Judgment and Motion for Partial Reconsideration , filed by Open Society Justice Initiative; (239 in 1:19-cv-00234-PAE) LETTER MOTION for Oral Argument on Consolidated Summary Judgment Motions, Cross-Motion for S ummary Judgment and Motion for Partial Reconsideration addressed to Judge Paul A. Engelmayer from Catherine Amirfar dated 7/22/2021, filed by Open Society Justice Initiative, (225 in 1:19-cv-00234-PAE) MOTION for Reconsideration re; (176 ) Memorandum & Opinion / Notice of Cross-Motion for Summary Judgment and Motion for Partial Reconsideration , filed by Open Society Justice Initiative. For the foregoing reasons, the Court (1) grants the Government's motion for su mmary judgment, (2) denies OSJI's cross-motion for summary judgment, and (3) denies OSJI's motion for reconsideration. The Clerk of Court is respectfully requested to terminate the motions pending at dockets 214, 220, 225, 239. The Court directs counsel, within two weeks of this ruling, to submit a joint letter identifying any open issues-and if so, proposing next steps-in this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/13/2021) (va) Transmission to Orders and Judgments Clerk for processing.
  10. NYS 1:2020cv00689 — Informed Consent Action Network v. United States Food and Drug Administration

    • September 13, 2021: ORDER: By September 24, 2021, the parties shall meet and confer and jointly write the Court providing a status update, if any, that they wish to bring to the Court's attention before resolution of the pending motion, docket number 17. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/13/2021) (vfr)
  11. NYS 1:2020cv01946 — Documented NY v. United States Department of State et al

    • September 16, 2021: MEMORANDUM OPINION AND ORDER: re: [28] SECOND LETTER MOTION to Expedite addressed to Judge Alison J. Nathan from Ghita Schwarz dated 09/17/2020 filed by Documented NY. For the reasons above, the Court DENIES IN PART Plaintiff's motion and or ders State to process a minimum of 400 pages per month and produce relevant documents to Plaintiff each month. State's document production shall not extend past March 31, 2022, without consent of the Court. The parties are further ordered to jo intly file a status update every other month that details: (1) State's processing rate, (2) State's efforts to improve its processing rate, (3) a specific explanation for State's failure, if any, to process at least 400 pages that mont h, and (4) the quantity of pages produced to Plaintiff. The first such update shall be filed by October 31, 2021. Additionally, Defendants shall produce an index as specified in Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), by the earlier of October 8, 2021, or 21 days after the completion of production of documents to Plaintiff. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/16/2021) (ama)
  12. NYS 1:2020cv02761 — Knight First Amendment Institute at Columbia University v. Centers for Disease Control and Prevention et al

    • September 17, 2021: ORDER granting in part and denying in part [38] Motion for Partial Summary Judgment; denying without prejudice [32] Motion for Summary Judgment. For the reasons stated above, Defendants' motion for summary judgment is DENIED without prej udice and Plaintiff's cross-motion is GRANTED in part and DENIED in part without prejudice. Specifically, 1) The CDC shall conduct a new search for documents responsive to requests one and two, pursuant to this opinion. By October 8, 2021, the p arties shall meet and confer and engage in a good faith effort to agree to search terms, initial custodians for the search, and a reasonable timeline for Defendants' production. The parties shall also confer on a search for items responsive to t he Court's June 4 order, as discussed in § III.B.2. If the parties cannot reach agreement, they shall file a joint submission setting forth their respective positions within seven days of their meeting. 2) By September 24, 2021, Defendants shall release to Plaintiff un-redacted versions Documents 9, 10, 11, 27, and 28. Defendants may apply other exemptions, where warranted. 3) By October 1, 2021, Defendants shall produce Document 12 to Plaintiff with all segregable factual material un- redacted, pursuant to this opinion; 4) By October 8, 2021, Defendants shall submit Document 12 to the Court under seal for in camera review, along with an affidavit or revised Vaughn Index describing whether it, or any iteration of the document, was ever operative, pursuant to this opinion. After completing the productions described above, the parties may renew their motions for summary judgment. The Clerk of Court is directed to terminate the motions at ECF Nos. 32 and 38. SO ORDERED.. (Signed by Judge Analisa Torres on 9/17/2021) (kv)
  13. NYS 1:2020cv08900 — Cohan v. United States Department of the Treasury et al

    • September 14, 2021: ORDER: The status conference is adjourned from September 21, 2021 to November 30, 2021 at 9:30 a.m. The parties shall submit a status letter no later than November 19, 2021. SO ORDERED., ( Status Conference set for 11/30/2021 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/14/2021) (ama)
  14. NYS 1:2021cv03288 — Safe Passage Project v. U.S. Customs and Border Protection et al

    • September 17, 2021: ORDER granting [29] Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned to October 22, 2021 at 10:00 a.m. The parties must appear for the conference by dialing 888-363-4749, using the access co de 3121171 and the security code 3288. The parties' joint submission is due by October 14, 2021. So Ordered. Initial Conference set for 10/22/2021 at 10:00 AM before Judge Valerie E. Caproni.. (Signed by Judge Valerie E. Caproni on 9/17/2021) (js)
  15. NYS 1:2021cv07587 — Urban Justice Center et al v. U.S. Citizenship and Immigration Services

    • September 13, 2021: ORDER: This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed two pages, ind icating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. If Defendant has not yet entered a notice of appearance, Plaintiff shall promptly serve a copy of this Order on Defendant and file proof of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/13/2021) (va)
  16. SC 4:2019cv02633 — Zeigler v. United States Department of Agriculture

    • September 13, 2021: ORDER: The Court GRANTS Defendant United States Department of Agriculture – Farm Service Agency's [ECF No. [25] ] motion for summary judgment. Plaintiff Benjamin T. Ziegler's [ECF No. [24] ] motion for summary judgment is DENIED. This case is hereby DISMISSED with prejudice. Signed by Chief Judge R Bryan Harwell on 9/10/2021.(hcic, )
  17. TXN 3:2021cv00296 — Henderson v. United States Patent and Trademark Office

    • September 16, 2021: ORDER ACCEPTING [9] FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Ada Brown on 9/16/2021) (mjr)
  18. WAW 2:2015cv00369 — Microsoft Corporation v. Internal Revenue Service

    • September 17, 2021: ORDER granting Parties' [53] Third Consent Motion Regarding Case Schedule. The IRS to file its motion for summary judgment by 12/3/2021. Signed by Judge Ricardo S. Martinez. (SB)
  19. WAW 2:2015cv01605 — Microsoft Corporation v. Internal Revenue Service

    • September 17, 2021: ORDER granting Parties' [40] Third Consent Motion Regarding Case Schedule. The IRS to provide draft revised Vaughn indices by 10/15/2021. The IRS to file its motion for summary judgment by 12/3/2021. Signed by Judge Ricardo S. Martinez. (SB)
  20. WAW 2:2018cv01396 — The University of Washington et al v. United States Department of Homeland Security et al

    • September 14, 2021: ORDER DIRECTING PARTIES TO FILE JOINT STATUS REPORT. The Court ORDERS the parties to submit a joint status report by October 12, 2021. Signed by Judge Barbara J. Rothstein. (MW)
  21. WAW 2:2020cv00806 — Shaklee & Oliver PS et al v. United States Citizenship and Immigration Services

    • September 13, 2021: ORDER denying Plaintiff's [16] Motion for Attorney Fees. Defendant's motion to strike references to settlement discussions is GRANTED. Dkt. # [19] Signed by Judge Richard A. Jones.(MW)
  22. WAW 2:2020cv01309 — Kinnucan v. National Security Agency et al

    • September 17, 2021: ORDER granting Parties' [23] Stipulated Motion. Defendants will file their Cross-Motion for Summary Judgment and Opposition by 10/1/2021. Plaintiff will file her Opposition and Reply by 10/15/2021. Defendants will file their Reply by 10/29/2021. Signed by Judge Marsha J. Pechman. (SB)
  23. WAW 2:2021cv00564 — State of Washington v. Office of Management and Budget

    • September 15, 2021: ORDER re Parties' [17] Stipulated Motion on Briefing Schedule re [13] MOTION for Summary Judgment. Defendant's response is now due by 9/22/2021. Plaintiff's reply is now due by 10/1/2021. The motion is re-noted for 10/1/2021. Signed by Judge Robert S. Lasnik. (LH)
  24. WAW 2:2021cv00565 — State of Washington v. United States National Archives and Records Administration

    • September 15, 2021: ORDER re Parties' [12] Stipulated Motion on Briefing Schedule re [8] MOTION for Summary Judgment. Defendant's response is now due by 9/22/2021. Plaintiff's reply is now due by 10/1/2021. The motion is re-noted for 10/1/2021. Signed by Judge Robert S. Lasnik. (LH)
  25. WAW 2:2021cv00566 — State of Washington v. Public Buildings Reform Board

    • September 15, 2021: ORDER re Parties' [12] Stipulated Motion on Briefing Schedule re [8] MOTION for Summary Judgment. Defendant's response is now due by 9/22/2021. Plaintiff's reply is now due by 10/1/2021. The motion is re-noted for 10/1/2021. Signed by Judge Robert S. Lasnik. (LH)
  26. WAW 2:2021cv00794 — State of Washington v. US General Services Administration

    • September 15, 2021: ORDER re Parties' [15] Stipulated Motion on Briefing Schedule re [11] MOTION for Summary Judgment. Defendant's response is now due by 9/22/2021. Plaintiff's reply is now due by 10/1/2021. The motion is re-noted for 10/1/2021. Signed by Judge Robert S. Lasnik. (LH)

From → Decisions, FOIA, PACER

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