FOIA Activity: 13 New Procedural or Substantive Decisions

We have added 13 decisions of a procedural or substantive nature filed between November 27, 2022 and December 3, 2022. These are associated with 12 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 3:2020cv03266 — American Immigration Council et al v. United States Citizenship and Immigration Services et al

   • December 1, 2022: ORDER granting [55] Joint Request for 60-Day Stay until 1/30/2023 and vacating Further Case Management Conference set for 12/7/2022 01:30 PM. Parties shall file a stipulation of dismissal or status update by 1/30/2023. Signed by Magistrate Judge Donna M. Ryu on 12/1/2022. (ig, COURT STAFF) (Filed on 12/1/2022)
2. DC 1:2014cv01589 — ACCURACY IN MEDIA, INC. et al v. DEPARTMENT OF DEFENSE et al

   • November 28, 2022: MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 11/28/2022. (lcegs2)
3. DC 1:2015cv02122 — FARAHI v. FEDERAL BUREAU OF INVESTIGATION

   • November 30, 2022: MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on November 30, 2022. (lcrbw3)
4. DC 1:2020cv02320 — AMERICAN CIVIL LIBERTIES UNION et al v. FEDERAL BUREAU OF PRISONS

   • November 28, 2022: MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on November 28, 2022. (lcrbw3)
5. DC 1:2021cv01238 — COMPETITIVE ENTERPRISE INSTITUTE v. MCCARTHY et al

   • November 28, 2022: MEMORANDUM OPINION re [28] Order. Signed by Judge Colleen Kollar-Kotelly on November 28, 2022. (lcckk1)
6. DC 1:2021cv01968 — GREENSPAN v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

   • December 1, 2022: MEMORANDUM OPINION re Defendant's [11] Motion for Summary Judgment and Plaintiff's [12] Cross-Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 12/1/2022. (lctnm3)
7. DC 1:2021cv02802 — COLORADO WILD PUBLIC LANDS v. UNITED STATES FOREST SERVICE

   • November 28, 2022: MEMORANDUM OPINION AND ORDER denying Plaintiff's [20] Motion to Enforce Settlement Agreement. See full Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 11/28/2022. (lccrc1)
8. FLS 1:2022cv20312 — Gonzalez v. U.S. Department of Agriculture

   • December 2, 2022: ORDER sustaining [63] Appeal/Objection of Magistrate Judge Order to District Court. Signed by Judge Beth Bloom on 12/1/2022. See attached document for full details. (drz)
9. NYS 1:2020cv10324 — Wilson v. Federal Bureau Of Investigation

   • November 28, 2022: ORDER DENYING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES for [59] Motion for Attorney Fees filed by John Wilson, [73] Report and Recommendations. I have considered plaintiff's objections with care. Regardless of whether the R&R is reviewed de nova or for the presence of clear error or inconsistency with the law – and I have done both-plaintiff's objections are without merit. The Pietrangelo factors were properly analyzed by the Magistrate Judge, who reached the only reaso nable conclusion given the record in this case. Plaintiff's motion [Dkt 59] is denied in all respects. The Clerk shall terminate any outstanding motions, enter judgment, and close the case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/26/2022) (kv) Transmission to Orders and Judgments Clerk for processing.
   • November 28, 2022: CLERK'S JUDGMENT re: [79] Order Adopting Report and Recommendations in favor of Federal Bureau Of Investigation against John Wilson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated No vember 28, 2022, the Court has considered plaintiff's objections with care. Regardless of whether the R&R is reviewed de nova or for the presence of clear error or inconsistency with the law – and the Court has done both-plaintiff's obje ctions are without merit. The Pietrangelo factors were properly analyzed by the Magistrate Judge, who reached the only reasonable conclusion given the record in this case. Plaintiff's motion is denied in all respects; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/28/2022) (Attachments: # 1 Right to Appeal) (km)
10. NYS 1:2022cv09943 — Rickner PLLC v. Federal Bureau of Prisons

    • December 1, 2022: ORDER This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed two pages, indicat ing whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. If Defendant has not yet entered a notice of appearance, Plaintiff shall promptly serve a copy of this Order on Defendant and file proof of such service. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/1/2022) (jca)
11. WAW 2:2020cv01309 — Kinnucan v. National Security Agency et al

    • December 2, 2022: ORDER granting Parties' [52] Joint Stipulated MOTION. The parties stipulate and agree that there is good cause for a 7-day extension, from 12/5/2022 to 12/12/2022 for Defendants to provide the supplemental filing indicated in this Court's Order, Dkt. [48] Signed by Judge Marsha J. Pechman. (SB)
12. WAW 2:2021cv01166 — Stepien v. Spinrad et al

    • November 30, 2022: ORDER granting Parties' [26] Joint Stipulated MOTION. The parties shall file a joint status report within 60 days. If at any time before then it becomes apparent that resolution between the parties is not feasible, the parties will submit a proposed schedule to the Court for motion practice. Signed by Hon. S. Kate Vaughan. (SB)