FOIA Activity: 10 New Procedural or Substantive Decisions

We have added 10 decisions of a procedural or substantive nature filed between January 1, 2023 and January 7, 2023. These are associated with 9 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. ALM 2:2021cv00125 — Heard v. Director, Office of Information Policy, et al. (MAG+)

   • January 4, 2023: OPINION. Signed by Honorable Judge Myron H. Thompson on 1/4/2023. (bes, )
   • January 4, 2023: JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Plf's 23 objections are overruled; (2) The US Magistrate Judge's [22] recommendation is adopted to the exten t set forth in the opinion entered today; (3) Dfts' [13] motion to dismiss plf's FOIA claim is granted; (4) Dfts' [13] motion for summary judgment is denied as moot; (5) Plf's [21] motion for leave to file an amended complaint is denied as futile; (6) To the extent plf pleaded a claim in the original [1] complaint based on the First Amendment right to petition the government, the claim is dismissed for the same reasons given in the opinion for denying the motion for leave to amend the complaint as futile because the claim is not cognizable under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 US 388 (1971); (7) This case is dismissed with prejudice; Costs are taxed against the plf, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 1/4/2023. (bes, )
2. CAN 4:2022cv03204 — National Public Radio, Inc. et al v. Federal Bureau of Investigation et al

   • January 5, 2023: ORDER [AS MODIFIED] granting [27] Stipulation and Joint Request to Reschedule the Telephonic Pre-settlement Conference: Telephonic Pre-settlement Conference rescheduled to 1/17/2023 09:30 AM in Oakland, – Telephonic Only before Magistrate Judge Donna M. Ryu. Counsel shall use the same call-in information provided to them by Judge Ryu's Courtroom Deputy via e-mail on 1/3/2023. Signed by Magistrate Judge Donna M. Ryu on 1/5/2023. (ig, COURT STAFF) (Filed on 1/5/2023)
3. FLS 9:2022cv81374 — Richmond et al v. Acting Commissioner of Social Security Administration

   • January 3, 2023: ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE re [19] Report and Recommendations; granting without prejudice [8] Motion to Dismiss or, in the alternative, [8] Motion for Summary Judgment. Signed by Judge William P. Dimitrouleas on 1/3/2023. See attached document for full details. (jas)
4. NYS 1:2022cv07038 — Brennan Center For Justice At New York University School Of Law v. U.S. Department of Homeland Security et al

   • January 3, 2023: ORDER granting [23] Letter Motion to Adjourn Conference. Correct. No need to file CMP. Keep me posted on progress.. (Signed by Judge Colleen McMahon on 1/3/2023) (kv)
5. NYS 1:2022cv09481 — The New York Times Company et al v. United States Department of Defense

   • January 4, 2023: NOTICE OF INITIAL PRETRIAL CONFERENCE granting [10] Letter Motion to Adjourn Conference. Initial Conference set for 3/2/2023 at 03:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.. (Signed by Judge Denise L. Cote on 1/4/2023) (jca)
6. WAW 2:2021cv00564 — State of Washington v. Office of Management and Budget

   • January 6, 2023: ORDER re Parties' [47] Stipulated MOTION. The Parties have agreed to strike all dispositive motion deadlines. Plaintiff's Petition for fees, if any, is due by 2/9/2023. Signed by Judge Tana Lin.(LH)
7. WAW 2:2021cv00565 — State of Washington v. United States National Archives and Records Administration

   • January 6, 2023: ORDER re Parties' [42] Stipulated MOTION. The Parties have agreed to strike all dispositive motion deadlines. Plaintiff's Petition for fees, if any, is due by 2/9/2023. Signed by Judge Tana Lin. (LH)
8. WAW 2:2021cv00566 — State of Washington v. Public Buildings Reform Board

   • January 6, 2023: ORDER re Parties' [43] Stipulated MOTION. The Parties have agreed to strike all dispositive motion deadlines. Plaintiff's Petition for fees, if any, is due by 2/9/2023. Signed by Judge Tana Lin.(LH)
9. WAW 2:2021cv00794 — State of Washington v. US General Services Administration

   • January 6, 2023: ORDER re Parties' [44] Stipulated MOTION. The Parties have agreed to strike all dispositive motion deadlines. Plaintiff's Petition for fees, if any, is due by 2/9/2023. Signed by Judge Tana Lin.(LH)