FOIA Activity: 10 New Procedural or Substantive Decisions

We have added 10 decisions of a procedural or substantive nature filed between March 13, 2022 and March 19, 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. DC 1:2017cv01684 — PEJOUHESH v. UNITED STATES POSTAL SERVICE

   • March 14, 2022: MEMORANDUM OPINION AND ORDER: For the reasons stated in the attached Memorandum Opinion and Order, the Postal Service's motion for summary judgment, Dkt. [78] , is hereby DENIED with respect to Exemption 7(C), and GRANTED in all other respects. Plaintiff's motion for summary judgment, Dkt. [63] , is hereby DENIED. The Postal Service is hereby ORDERED to file a status report on or before March 28, 2022, addressing (1) whether the eight-page Affidavit in Support of an Arrest Warrant desc ribed in the Vaughn index is the same document as the first entry on Plaintiff's criminal docket, see Complaint at 29, United States v. Pejouhesh , No. 4:10-cr-687 (S.D. Tex. filed Sept. 24, 2010), ECF No. 1; and (2) if so, whether the document must now be released pursuant to the public domain doctrine. Signed by Judge Randolph D. Moss on 3/14/2022. (lcrdm2)
2. DC 1:2020cv00681 — SABRA v. U.S. CUSTOMS AND BORDER PROTECTION

   • March 14, 2022: MEMORANDUM OPINION accompanying [31] Order. Signed by Judge Colleen Kollar-Kotelly on 3/14/22. (lcckk3)
3. FLM 2:2021cv00180 — Carpezzi v. U.S. Department of Justice

   • March 17, 2022: ORDER granting 24 Motion to Dismiss. Signed by Judge John L. Badalamenti on 3/17/2022. (JHA)
4. NYS 1:2019cv09669 — New York Times Company et al v. Department of the Treasury

   • March 14, 2022: ORDER granting [55] Letter Motion to Adjourn Conference. GRANTED. The case management conference scheduled for March 14, 2022, is ADJOURNED sine die. SO ORDERED.. (Signed by Judge Analisa Torres on 3/14/2022) (kv)
5. NYS 1:2022cv01425 — Linares Alvarez v. Immigration & Customs Enforcement et al

   • March 15, 2022: 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 must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Not ice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Order," and be described using the "Consent Order" filing event in accordance with ECF Rule 13.18. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judg e rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (Signed by Judge Gregory H. Woods on 3/15/2022) (rro)
6. WAW 2:2021cv00564 — State of Washington v. Office of Management and Budget

   • March 18, 2022: ORDER granting in part and denying in part Plaintiff's [13] Motion for Summary Judgment and denying Plaintiff's [29] Motion for a status conference. Defendant is to produce all non-exempt records within twenty-one (21) days of the date of this Order. Defendant is to produce a Vaughn index within ten (10) days of the completion of all remaining productions (or within ten (10) days of the date of this Order if all productions have already been completed). A joint status report and proposed dispositive motion briefing schedule is due by April 25, 2022. Signed by Judge Tana Lin. (LH)
7. WAW 2:2021cv00565 — State of Washington v. United States National Archives and Records Administration

   • March 18, 2022: ORDER granting in part and denying in part Plaintiff's [8] Motion for Summary Judgment and denying Plaintiff's [24] Motion for a status conference. Defendant to produce all non-exempt records within twenty-one (21) days of the date of thi s Order. Defendant to produce a Vaughn index within ten (10) days of the completion of all remaining productions (or within ten (10) days of the date of this Order if all productions have already been completed). A joint status report and proposed dispositive motion briefing schedule is due by April 25, 2022. Signed by Judge Tana Lin.(LH)
8. WAW 2:2021cv00566 — State of Washington v. Public Buildings Reform Board

   • March 18, 2022: ORDER granting in part and denying in part Plaintiff's [8] Motion for Summary Judgment and denying Plaintiff's [25] Motion for a status conference. Defendant is to produce all non-exempt records within twenty-one (21) days of the date o f this Order. Defendant is to produce a Vaughn index within ten (10) days of the completion of all remaining productions (or within ten (10) days of the date of this Order if all productions have already been completed). A joint status report and proposed dispositive motion briefing schedule is due by April 25, 2022. Signed by Judge Tana Lin. (LH)
9. WAW 2:2021cv00794 — State of Washington v. US General Services Administration

   • March 18, 2022: ORDER granting in part and denying in part Plaintiff's [11] Motion for Summary Judgment and denying Plaintiff's [26] Motion for a status conference. Defendant is to produce all non-exempt records within twenty-one (21) days of the date of this Order. Defendant is to produce a Vaughn index within ten (10) days of the completion of all remaining productions (or within ten (10) days of the date of this Order if all productions have already been completed). A joint status report and proposed dispositive motion briefing schedule is due by April 25, 2022. Signed by Judge Tana Lin. (LH)
10. WIE 1:2022cv00082 — Hallquist v. Johnson

    • March 17, 2022: DECISION AND ORDER signed by Judge William C Griesbach on 3/17/2022 Granting [4] Motion to Dismiss. This Court lacks jurisdiction under the doctrine of derivative jurisdiction. This action is DISMISSED without prejudice. (cc: all counsel and mailed to pro se party)(Griesbach, William)