FOIA Activity: 17 New Procedural or Substantive Decisions

We have added 17 decisions of a procedural or substantive nature filed between November 28, 2021 and December 4, 2021. These are associated with 14 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 1:2018cv00654 — SURGEY v. ENVIRONMENTAL PROTECTION AGENCY

   • December 3, 2021: MEMORANDUM OPINION AND ORDER granting in part and denying without prejudice in part Defendant's [13] Motion for Summary Judgment, and denying in part and denying without prejudice in part Plaintiff's [16] Cross Motion for Summary Judgment. See Opinion and Order for details. Signed by Judge Timothy J. Kelly on 12/3/2021. (lctjk1)
2. DC 1:2018cv00902 — ELECTRONIC PRIVACY INFORMATION CENTER v. INTERNAL REVENUE SERVICE

   • December 3, 2021: ORDER granting in part and denying in part Defendant's [21] Motion to Dismiss. See Order for details. Signed by Judge Timothy J. Kelly on 12/3/2021. (lctjk3)
   • December 3, 2021: MEMORANDUM OPINION in support of [31] ORDER granting in part and denying in part Defendant's [21] Motion to Dismiss. Signed by Judge Timothy J. Kelly on 12/3/2021. (lctjk3) Modified to correct document type on 12/6/2021 (zkh).
3. NYS 1:2021cv02443 — Brennan Center For Justice At New York University School Of Law v. U.S. Immigration and Customs Enforcement

   • November 29, 2021: MEMORANDUM ORDER granting in part and denying in part [15] Motion for Summary Judgment; granting in part and denying in part [18] Motion for Summary Judgment. For the reasons set forth above, the Court finds ICE's search was inadequate and, a ccordingly, orders ICE to conduct a new search based on a liberal reading of Part Two of the request, as clarified by the Brennan Center, and that addresses the inconsistencies and gaps discussed above. The Court also finds that while the redacted po rtions of Sections 7. 2, 7. 4, 11. 3, and 11. 4 are appropriately withheld under FOIA Exemption 7 (E), the redacted portions of Sections 7.18, 11.6, 12.1, 12.2, 12.4, 12.5, and 12.7 are not appropriately withheld under 7(E) and must be disclosed. Acc ordingly, the Court grants partial summary judgment in favor of the Brennan Center, on the grounds that ICE's search was inadequate and that Sections 7.18, 11.6, 12.1, 12.2, 12.4, 12.5, and 12.7 of the NSI Handbook were not properly withheld und er FOIA Exemption 7(E); and grants partial summary judgment in favor of ICE, on the ground that Sections 7.2, 7.4, 11.3, and 11.4 were properly withheld under FOIA Exemption 7(E). The Clerk is directed to close the entries at docket numbers 15 and 18 and close the case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/29/2021) (mml)
   • November 30, 2021: CLERK'S JUDGMENT re: [31] Order on Motion for Summary Judgment, in favor of Brennan Center For Justice At New York University School Of Law against U.S. Immigration and Customs Enforcement,in favor of U.S. Immigration and Customs Enforcement against Brennan Center For Justice At New York University School Of Law. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated November 29, 2021, the Court finds ICE's search was inadequate and, accordingly, orders ICE to conduct a new search based on a liberal reading of Part Two of the request, as clarified by the Brennan Center, and that addresses the inconsistencies and gaps discussed above. The Court also finds that whi le the redacted portions of Sections 7. 2, 7. 4, 11. 3, and 11. 4 are appropriately withheld under FOIA Exemption 7 (E), the redacted portions of Sections 7.18, 11.6, 12.1, 12.2, 12.4, 12.5, and 12.7 are not appropriately withheld under 7(E) and must be disclosed. Accordingly, the Court grants partial summary judgment in favor of the Brennan Center, on the grounds that ICE's search was inadequate and that Sections 7.18, 11.6, 12.1, 12.2, 12.4, 12.5, and 12.7 of the NSI Handbook were not pro perly withheld under FOIA Exemption 7(E); and grants partial summary judgment in favor of ICE, on the ground that Sections 7.2, 7.4, 11.3, and 11.4 were properly withheld under FOIA Exemption 7(E). (Signed by Clerk of Court Ruby Krajick on 11/30/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
4. NYS 1:2021cv06073 — The New York Times Company v. U.S. Department Of Justice

   • December 3, 2021: ORDER: granting [9] Letter Motion to Adjourn Conference. Application GRANTED.The initial pretrial conference in this matter is hereby ADJOURNED sine die. Additionally, the parties are relieved of their obligation to submit a proposed case managemen t plan in this case. The parties shall submit a further status update on or before February 14, 2022. The Clerk of Court is directed to terminate the motion at docket entry 9. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/03/2021) (ama)
5. NYS 1:2021cv06346 — The New York Times Company v. U.S. Department of State

   • December 3, 2021: ORDER: granting [9] Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for December 10, 2021, is hereby ADJOURNED sine die. The parties shall instead file a joint letter regarding the status of this matter on or be fore December 10, 2021. Furthermore, the Court relieves the parties of their obligation at this time to file a proposed case management plan and scheduling order. The Clerk is directed to terminate the pending motion at docket entry 9. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 12/03/2021) (ama)
6. WAW 2:2018cv01396 — The University of Washington et al v. United States Department of Homeland Security et al

   • December 3, 2021: STIPULATION AND ORDER OF DISMISSAL: This action is dismissed with prejudice. Signed by Judge Barbara J. Rothstein. (MW)
7. WAW 2:2020cv01231 — State of Washington v. Office of Management and Budget

   • November 30, 2021: ORDER re Parties' [18] Stipulated MOTION AND STATUS REPORT. The parties shall either provide this Court with a joint stipulation of dismissal or propose a stipulated briefing schedule within 14 days. Signed by Judge Robert S. Lasnik.(LH)
8. WAW 2:2020cv01232 — State of Washington v. United States National Archives and Records Administration

   • November 30, 2021: ORDER re Parties' [21] Stipulated MOTION AND STATUS REPORT. The parties shall either provide this Court with a joint stipulation of dismissal or propose a stipulated briefing schedule within 14 days. Signed by Judge Robert S. Lasnik. (LH)
9. WAW 2:2020cv01233 — State of Washington v. United States General Services Administration

   • November 30, 2021: ORDER re Parties' [19] Stipulated MOTION AND STATUS REPORT. The parties shall either provide this Court with a joint stipulation of dismissal or propose a stipulated briefing schedule within 14 days. Signed by Judge Robert S. Lasnik. (LH)
   • November 30, 2021: AMENDED [20] ORDER re Parties' 19 Stipulated MOTION AND STATUS REPORT. The parties shall either provide this Court with a joint stipulation of dismissal or propose a stipulated briefing schedule within 14 days. Signed by Judge Robert S. Lasnik. (LH)
10. WAW 2:2020cv01364 — State of Washington v. Public Buildings Reform Board

    • November 30, 2021: ORDER re Parties' [27] Stipulated MOTION AND STATUS REPORT. The parties shall either provide this Court with a joint stipulation of dismissal or propose a stipulated briefing schedule within 14 days. Signed by Judge Robert S. Lasnik. (LH)
11. WAW 2:2021cv00564 — State of Washington v. Office of Management and Budget

    • December 2, 2021: ORDER re Parties' [25] Stipulated MOTION. Within 14 days of the Court's ruling on the pending [13] motion for summary judgment, the parties shall file a joint status report indicating whether additional motions practice is necessary and proposing a briefing schedule. Signed by Judge Robert S. Lasnik. (LH)
12. WAW 2:2021cv00565 — State of Washington v. United States National Archives and Records Administration

    • November 30, 2021: ORDER re Parties' [20] Stipulated MOTION. Within 14 days of the Court's ruling on the pending [8] motion for summary judgment, the parties shall file a joint status report indicating whether additional motions practice is necessary and proposing a briefing schedule. Signed by Judge Robert S. Lasnik. (LH)
13. WAW 2:2021cv00566 — State of Washington v. Public Buildings Reform Board

    • November 30, 2021: ORDER re Parties' [21] Stipulated MOTION. Within 14 days of the Court's ruling on the pending [8] motion for summary judgment, the parties shall file a joint status report indicating whether additional motions practice is necessary and proposing a briefing schedule. Signed by Judge Robert S. Lasnik. (LH)
14. WAW 2:2021cv00794 — State of Washington v. US General Services Administration

    • November 30, 2021: ORDER re Parties' [22] Stipulated MOTION. Within 14 days of the Court's ruling on the pending [11] motion for summary judgment, the parties shall file a joint status report indicating whether additional motions practice is necessary and proposing a briefing schedule. Signed by Judge Robert S. Lasnik. (LH)