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FOIA Activity: 20 New Procedural or Substantive Decisions

by FOIA Project Staff on September 29th, 2022

We have added 20 decisions of a procedural or substantive nature filed between September 18, 2022 and September 24, 2022. These are associated with 19 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 3:2022cv00407 — E.G.V. v. U.S. Immigration and Customs Enforcement

    • September 19, 2022: ORDER Denying as Moot [18] Joint Motion to Extend Time for Filing Responsive Pleading. Signed by Judge Janis L. Sammartino on 9/19/2022. (tcf)

  2. DC 1:2018cv02769 — FREEMAN v. FEDERAL BUREAU OF INVESTIGATION

    • September 21, 2022: MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Reggie B. Walton on 9/21/2022. (psu1)
  3. DC 1:2019cv03192 — LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE

    • September 19, 2022: MEMORANDUM OPINION granting [34] Defendant's Renewed Motion for Summary Judgment; denying [38] Plaintiffs' Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 9/19/2022. (lcrc1)
  4. DC 1:2020cv03657 — PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. UNITED STATES DEPARTMENT OF JUSTICE et al

    • September 19, 2022: MEMORANDUM OPINION regarding defendants' [11] Motion for Summary Judgment and plaintiff's [15] Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on September 19, 2022. (lcbah3) Modified to correct document type on 9/21/2022 (ztg).
  5. DC 1:2021cv01741 — BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF EDUCATION

    • September 20, 2022: MEMORANDUM OPINION regarding the defendant's [12] Motion for Summary Judgment and the plaintiff's [15] Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on September 20, 2022. (lcdlf1)
  6. LAE 2:2021cv00317 — Atchafalaya Basinkeeper, Inc. et al v. U.S. Army Corps of Engineers

    • September 23, 2022: ORDER AND REASONS: IT IS ORDERED that the [83] Objection to Magistrate Judge Decision, filed by Atchafalaya Basinkeeper Inc. ("Atchafalaya"), is DENIED. Signed by Judge Jay C. Zainey on 9/22/2022. (pp)
  7. MD 8:2022cv01602 — Zaid v. Department of Homeland Security

    • September 23, 2022: MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 9/23/2022. (sat, Chambers)
  8. ME 2:2020cv00422 — AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION v. US CITIZENSHIP AND IMMIGRATION SERVICES

    • September 19, 2022: ORDER AFFIRMING RECOMMENDED DECISION granting [32] Motion for Summary Judgment; granting in part and denying in part [35] Motion for Summary Judgment; accepting [57] Report and Recommended Decision; accepting [59] Supplemental Report and Recommended Decision. By JUDGE JOHN A. WOODCOCK, JR. (CCS)
  9. NE 8:2022cv00141 — Petersen v. U.S. Securities and Exchange Commission

    • September 22, 2022: ORDER – Plaintiff's motion to amend complaint (Filing No. [10] ) is granted. Plaintiff's supplement allegations and attachments (Filing No. [10] ) are deemed incorporated by reference into the plaintiff's complaint (Filing No. [1] ) and f irst motion to amend complaint. (Filing No. [4] at 2-6). For service of process on Defendant, the Clerk of Court is directed to complete three summons forms for the following addresses: United States Attorney District of Nebraska, 1620 Dodge Street, #1400, Omaha, NE 68102; Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530; U.S. Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549.The Clerk of the Court sha ll provide the summons to Plaintiff to effectuate service. Plaintiff shall serve the summons together with a copy of the complaint (Filing No. [1] ), the first motion to amend complaint (Filing No. [4] ), the second motion to amend complaint (Filing No. [10] ), and a copy of this order on the above-named entities. Plaintiff shall have until October 20, 2022 , to perfect service on Defendant in accordance with Federal Rule of Civil Procedure 4(i). Failing to comply with this order could result in dismissal of this case without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LKO)
  10. NYS 1:2017cv07520 — Brennan Center For Justice At New York University School Of Law v. United States Department of State

    • September 19, 2022: ORDER granting [86] Letter Motion to Adjourn Conference. The conference currently scheduled for September 20, 2022 will instead take place on September 21, 2022 at 2:30 p.m. by telephone. The parties are directed to dial 888-363-4749 to participa te, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties sh ould call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. One day before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and Gardep heNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 9/19/2022) Telephone Conference set for 9/21/2022 at 02:30 PM before Judge Paul G. Gardephe. (ks)

    • September 20, 2022: ORDER: The conference currently scheduled for September 21, 2022 is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/20/2022) (ks)
  11. NYS 1:2020cv01686 — Austin Sanctuary Network et al v. United States Immigration and Customs Enforcement et al

    • September 19, 2022: OPINION AND ORDER re: [58] CROSS MOTION for Summary Judgment, filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network; [54] MOTION for Summary Judgment, filed by Uni ted States Immigration and Customs Enforcement. For the reasons discussed above, ICE's motion for summary judgment is GRANTED IN PART and DENIED IN PART. Plaintiffs' motion for summary judgment is GRANTED IN PART and DENIED IN PART. The d enial of ICE's motion is without prejudice to a renewed motion concerning the adequacy of ICE's search, the withholding of Exhibits D.5, D.9, D.18, and D.20 on the basis of the deliberative process privilege, the withholding of documents on the basis of the attorney-client privilege, and ICEs continued withholding of certain names under Exemptions 6 and 7(C). As detailed in Section I.D, ICE is ordered to conduct a new search for additional records responsive to Plaintiffs' FO IA Request. The parties are directed to meet and confer regarding the date by which ICE will complete that search as well as a briefing schedule for the parties' renewed motions for summary judgment. After the parties have met and conferred, they are directed to notify the Court by October 4, 2022 of the dates that they decide upon and/or any remaining disagreements as the appropriate dates. The Clerk of Court is respectfully directed to close Dkt. Nos. 54, 58. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/19/2022) (va) Transmission to Orders and Judgments Clerk for processing.
  12. NYS 1:2021cv10719 — American Civil Liberties Union v. Federal Bureau Of Investigation

    • September 23, 2022: NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Cou rt orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previous ly-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter upd ating the Court on the status of the case. The joint letter shall not exceed four (4) pages. If this case has been settled or otherwise terminated, counsel need not submit such letter or appear, provided that a stipulation of discontinuance, voluntar y dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19, available at http://nysd.uscourts.gov /ecf_filing.php. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. (And as further set forth herein. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/23/2022) (jca)
  13. NYS 1:2022cv02975 — Oakes v. United States Department of Health And Human Services

    • September 21, 2022: ORDER granting [11] Letter Motion to Adjourn Conference. Application GRANTED. The status conference previously scheduled for Friday, September 23, 2022, at 10:00 a.m. is hereby adjourned until Friday, September 30, 2022, at 10:00 a.m. SO ORDERED. Status Conference set for 9/30/2022 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/21/2022) (tg)
  14. NYW 1:2016cv00347 — Kuzma v. U.S. Department of Justice

    • September 19, 2022: DECISION AND ORDER: For the reasons set forth herein, Defendant's [10] motion for summary judgment is granted. Plaintiff's [14] cross motion for summary judgment is granted with respect to attorney's fees but is otherwise denied. This matter is recommitted to Magistrate Judge Jeremiah J. McCarthy for further proceedings consistent with the Decision and Order. SO ORDERED. Signed by Hon. Richard J. Arcara on 9/19/2022. (LAS)
  15. SD 5:2021cv05072 — Black Hills Clean Water Alliance v. U.S. Forest Service et al

    • September 21, 2022: ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 09/21/2022. (MSB)
  16. WAW 2:2021cv00564 — State of Washington v. Office of Management and Budget

    • September 20, 2022: ORDER re Parties' [43] Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE. Defendants' consolidated dispositive motion is now due by 11/10/2022. Plaintiff's consolidated response and cross-motion is now due by 12/2/2022. Defendants' consolidated reply to motion and response to cross-motion is now due by 12/22/2022. Plaintiff's reply to cross-motion is now due by 1/5/2023. Signed by Judge Tana Lin. (LH)
  17. WAW 2:2021cv00565 — State of Washington v. United States National Archives and Records Administration

    • September 20, 2022: ORDER re Parties' [38] Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE. Defendants' consolidated dispositive motion is now due by 11/10/2022. Plaintiff's consolidated response and cross-motion is now due by 12/2/2022. Defendants' consolidated reply to motion and response to cross-motion is now due by 12/22/2022. Plaintiff's reply to cross-motion is now due by 1/5/2023. Signed by Judge Tana Lin. (LH)
  18. WAW 2:2021cv00566 — State of Washington v. Public Buildings Reform Board

    • September 20, 2022: ORDER re Parties' [39] Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE. Defendants' consolidated dispositive motion is now due by 11/10/2022. Plaintiff's consolidated response and cross-motion is now due by 12/2/2022. Defendants' consolidated reply to motion and response to cross-motion is now due by 12/22/2022. Plaintiff's reply to cross-motion is now due by 1/5/2023. Signed by Judge Tana Lin. (LH)
  19. WAW 2:2021cv00794 — State of Washington v. US General Services Administration

    • September 20, 2022: ORDER re Parties' [40] Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE. Defendants' consolidated dispositive motion is now due by 11/10/2022. Plaintiff's consolidated response and cross-motion is now due by 12/2/2022. Defendants' consolidated reply to motion and response to cross-motion is now due by 12/22/2022. Plaintiff's reply to cross-motion is now due by 1/5/2023. Signed by Judge Tana Lin. (LH)

From → Decisions, FOIA, PACER

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