FOIA Activity: 14 New Procedural or Substantive Decisions

We have added 14 decisions of a procedural or substantive nature filed between June 26, 2022 and July 2, 2022. These are associated with 13 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. CAC 2:2021cv09620 — Jonathan William McKinney v. Federal Bureau of Investigation

   • June 30, 2022: Order to Show Cause by Judge Dale S. Fischer re Dismissal for Lack of Prosecution. Plaintiff is ordered to show cause no later than 7/14/2022 why the unserved defendant should not be dismissed for failure to prosecute. See Order for specifics. (jp)
2. CT 3:2020cv01775 — Connecticut Fair Housing Ctr v. United States Department of Housing and Urban Development

   • July 1, 2022: ORDER denying [23] Motion for Cost and Fees. For the reasons described in the attached ruling and order, the motion for attorney's fees and costs is DENIED. Signed by Judge Victor A. Bolden on 7/1/2022. (Dalton, A.)
3. DC 1:2018cv02798 — KOWAL v. UNITED STATES DEPARTMENT OF JUSTICE et al

   • June 27, 2022: MEMORANDUM OPINION in support of [54] Order denying Plaintiff's [50] Motion to Alter or Amend. Signed by Judge Timothy J. Kelly on 06/27/2022. (lctjk2)
4. DC 1:2019cv03062 — BUZZFEED INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY et al

   • June 27, 2022: MEMORANDUM OPINION regarding defendants' [37] Motion for Summary Judgment and plaintiff's [39] Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on June 27, 2022. (lcdlf3)
5. DC 1:2020cv02924 — PFEIFFER v. UNITED STATES DEPARTMENT OF ENERGY

   • June 27, 2022: MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on June 27, 2022. (lcrbw2)
6. ME 2:2020cv00422 — AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION v. US CITIZENSHIP AND IMMIGRATION SERVICES

   • June 30, 2022: SUPPLEMENTAL REPORT AND RECOMMENDED DECISION re [32] MOTION for Summary Judgment filed by US CITIZENSHIP AND IMMIGRATION SERVICES, [35] Cross MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. Objections to R&R due by 7/14/2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
7. NM 2:2022cv00443 — Innovation Law Lab v. U.S. Immigration and Customs Enforcement

   • June 28, 2022: ORDER by District Judge Kenneth J. Gonzales setting a telephonic status conference for 6/30/2022 at 11:00 AM in Las Cruces – Telephonic Hearing/Conference before District Judge Kenneth J. Gonzales. (tah)
   • June 29, 2022: AMENDED ORDER by District Judge Kenneth J. Gonzales resetting the telephonic status conference for TUESDAY, JULY 5, 2022, at 9:00 a.m.. (tah)
8. NYS 1:2019cv01424 — The New York Times Company et al v. United States Department of Justice

   • June 27, 2022: OPINION AND ORDER: For the foregoing reasons, Defendant is hereby ORDERED to produce a version of the Report that is consistent with this Opinion and Order on or before July 13, 2022. The parties are further ORDERED to submit a joint letter stating whether there are any outstanding issues in this case on or before July 20, 2022. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/27/2022) (rro)
9. OHS 2:2020cv05354 — Cottrell v. DeVillers et al

   • June 29, 2022: OPINION and ORDER issued in that the Court DENIES Defendants' Motion to Dismisspursuant to 12(b)(1); GRANTS Defendants' Motion to Dismiss pursuant to 12(b)(5); DENIES as MOOT WITHOUT PREJUDICE Defendants' Motion to Dismiss pursuant to 12(b)(6). This case is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Algenon L. Marbley on 6/29/22. (sem)
10. RI 1:2022cv00073 — Velasquez v. Flores et al

    • June 29, 2022: REPORT AND RECOMMENDATIONS recommending that this matter be DISMISSED WITHOUT PREJUDICE. [1] Complaint filed by Diego Velasquez. Objections to R&R due by 7/13/2022. So Ordered by Magistrate Judge Lincoln D. Almond on 6/29/2022. (Noel, Jeannine)
11. SD 5:2020cv05034 — Black Hills Clean Water Alliance v. United States Forest Service et al

    • June 29, 2022: ORDER adopting in part [41] Report and Recommendation; sustaining in part and overruling in part [44] Objection to Report and Recommendation; granting in part and denying in part [25] Motion for Summary Judgment; granting in part and denying in part [30] Motion for Summary Judgment. Signed by U.S. District Judge Lawrence L. Piersol on 6/29/22. (SKK)
12. TNE 3:2021cv00378 — Whipple v. U.S. Marshal Service et al

    • June 28, 2022: ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING THE UNITED STATES. The Court (1) ACCEPTS and ADOPTS Judge Poplin's Report [Doc. 12] under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b)(2) and (2) D ISMISSES the "United States" as a defendant in this action. The Court DIRECTS the Clerk of Court to (1) DISMISS Defendants David Jolley, Elaine Rivera, and Charlotte Luckstone from this action; (2) DISMISS Defendant "United States&quot ; from this action; and (3) SEND Plaintiff service packets (a blank summons and USM 285 form) for Defendants United States Marshals Service and United States Department of Justice. Plaintiff is ORDERED to complete the service packets and return them to the Clerk's Office within twenty-one (21) days of receipt of this Order. At that time, the summonses will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service. Plaintiff is forewarned that if he fails to timely r eturn the completed service packets, this action will be dismissed. Given the Court's ruling on these matters, the Court DENIES Plaintiff's "Motion to Ascertain Status and to Extend Time to Service Summons" [Doc. 11] as MOOT. Signed by District Judge Katherine A Crytzer on June 28, 2021. (copy mailed to Robert Z Whipple, III c/o LAUREL COUNTY JAIL (Hammock Rd), 440 HAMMOCK ROAD, LONDON, KY 40744, with 2 blank summons packets) (AYB)
13. TXN 3:2016cv02911 — Rutila v. United States Department of Transportation et al

    • June 30, 2022: Memorandum Opinion and Order: For the foregoing reasons, the Court GRANTS Defendants' Motion for Summary Judgment (Doc. [112] ) for all five FOIA requests: FOIA 803, 862, 1174, 9149, and 9151. (Ordered by Judge Jane J Boyle on 6/30/2022) (ndt)