FOIA Activity: 11 New Procedural or Substantive Decisions

We have added 11 decisions of a procedural or substantive nature filed between January 9, 2022 and January 15, 2022. These are associated with 10 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. CAN 4:2021cv02632 — American Civil Liberties Union of Northern California et al v. U.S. Immigration and Customs Enforcement et al

   • January 13, 2022: ORDER [AS MODIFIED] Granting [38] Stipulation Continuing Further Case Management Conference: Parties shall file an updated Joint Case Management Statement by 1/26/2022. Further Case Management Conference set for 1/19/2022 01:30 PM is vacated and continued to 2/2/2022 01:30 PM in Oakland, – Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/dmr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Signed by Magistrate Judge Donna M. Ryu on 1/13/2022. (ig, COURT STAFF) (Filed on 1/13/2022)
2. DC 1:2017cv02220 — ENVIRONMENTAL DEFENSE FUND v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

   • January 13, 2022: MEMORANDUM OPINION & ORDER granting Plaintiff's [43] Motion for Attorneys' Fees and Costs. See attached Memorandum Opinion & Order for details. Signed by Judge Amit P. Mehta on 1/13/2022. (lcapm2)
3. DC 1:2018cv01272 — AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF TRANSPORTATION

   • January 11, 2022: MEMORANDUM OPINION re [35] Signed by Judge Colleen Kollar-Kotelly on January 11, 2022. (lcckk1)
4. DC 1:2021cv00819 — SCARLETT v. OFFICE OF INSPECTOR GENERAL

   • January 10, 2022: MEMORANDUM OPINION AND ORDER: For the reasons given in the attached Memorandum Opinion and Order, the Court DENIES Plaintiff's motion for leave to amend, Dkt. 21. See document for details. Signed by Judge Randolph D. Moss on 1/10/2022. (lcrdm3) Modified on 1/12/2022 to edit document type to "opinion" (kt).
5. DE 1:2014cv00715 — Altemus v. US Department of Veteran Affairs

   • January 12, 2022: MEMORANDUM OPINION. Signed by Judge Leonard P. Stark on 01/12/2022. (smg)
6. NM 2:2021cv00743 — John D. Wheeler & Associates v. Defense Health Agency

   • January 12, 2022: ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Kevin R. Sweazea. (atc)
   • January 12, 2022: SCHEDULING ORDER by Magistrate Judge Kevin R. Sweazea. Deadline for Defendant to produce responsive documents and Vaughn index: January 31, 2022. Dispositive Motions Due May 2, 2022. Responses Due June 1, 2022. Replies Due June 15, 2022. (atc)
7. NYS 1:2021cv08105 — Khan v. United States Department of Defense et al

   • January 14, 2022: ORDER: Following the pre-trial conference held on January 14, 2022, it is hereby ORDERED that the parties shall submit a joint status letter by February 28, 2022. IT IS FURTHER ORDERED that the parties shall submit a status letter every 60 days thereafter. (Signed by Judge Denise L. Cote on 1/14/2022) (vfr)
8. NYS 1:2022cv00044 — Smolen v. The Federal Aviation Administration

   • January 10, 2022: ORDER OF SERVICE: Plaintiff, who is proceeding pro se, paid the filing fees to commence this action. The Clerk of Court issued a summons as to Defendant Federal Aviation Administration on January 7, 2022. Dkt. No. 4. Plaintiff is directed to ser ve the summons and complaint on Defendant within 90 days of the issuance of the summons. If within those 90 days, Plaintiff has not either served Defendant or requested an extension of time to do so, the Court may dismiss the claims against Defen dant under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of Court is directed to mail an information package to Plaintiff. Plaintiff has consented to receive electronic service of notices and documents in this action. (ECF 1, at 9.) SO ORDERED. (Signed by Judge Alison J. Nathan on 1/10/2022) (vfr) Transmission to Pro Se Assistants for processing.
9. NYW 1:2017cv00301 — Jabar v. U.S. Department of Justice

   • January 12, 2022: DECISION AND ORDER granting [43] Motion for Summary Judgment; adopting Report and Recommendations re [50] Report and Recommendations. Signed by Hon. John L. Sinatra, Jr. on 1/12/2022. (CGJ)
10. WAW 2:2021cv01166 — Stepien v. Spinrad et al

    • January 12, 2022: ORDER re Parties' [14] Joint Stipulated MOTION. The parties shall provide this Court with a status update on or before 3/31/2022. Signed by Hon. S. Kate Vaughan. (SB)