FOIA Activity: 9 New Procedural or Substantive Decisions

We have added 9 decisions of a procedural or substantive nature filed between January 15, 2023 and January 21, 2023. These are associated with 8 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 4:2021cv09633 — The Center for Investigative Reporting et al v. Department of Homeland Security

   • January 17, 2023: ORDER (as modified) GRANTING [38] STIPULATION to Vacate Scheduling Order and Schedule Case Management Conference.Case Management Statement due by 3/21/2023. Further Case Management Conference set for 3/28/2023 02:00 PM.. The 3/28 p roceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conferenc e number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below t o access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hea r and understand them clearly before speaking at length. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Signed by Judge Haywood S. Gilliam, Jr. on 1/17/2023. (ndr, COURT STAFF) (Filed on 1/17/2023)
2. DC 1:2022cv03153 — JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

   • January 19, 2023: MEMORANDUM OPINION re. [10] Order on Motion to Dismiss. Signed by Judge James E. Boasberg on 1/19/2023. (lcjeb3)
3. INS 1:2022cv00430 — STATE OF INDIANA et al v. BIDEN et al

   • January 20, 2023: ORDER – The Defendants' Motion to Dismiss, [43] , is GRANTED. The Plaintiff States' claims against President Biden, the Executive Office of the President, Attorney General Garland, and Secretary Cardona are DISMISSED under Fed. R. Civ. P. 12(b)(6). The Court directs the Clerk to terminate them as Defendants. This case remains pending against the Department of Justice and the Department of Education. The States of Arizona, Arkansas, and Missouri must each appear by counsel within 14 days. Failure to do so will result in their termination as Plaintiffs. Because these States have not appeared by counsel, they will not receive a copy of this Order via the Electronic Case Filing system. The Court therefore Orders counsel for the State of Indiana–who purported to file the response brief for these States–to provide appropriate notification to them of this Court's Order that they appear by counsel. The States of Louisiana, Ohio, Oklahoma, and Utah must each SHOW CAUSE within 14 days as to why they should not be dismissed for lack of standing to seek relief under FOIA given there is no evidence they made the FOIA request that is the basis of this lawsuit. (SEE ORDER.) Signed by Judge Jane Magnus-Stinson on 1/20/2023. (JSR)
4. MD 1:2022cv00710 — Bahrampour v. Department of the Army

   • January 15, 2023: MEMORANDUM OPINION. Signed by Judge Julie Rebecca Rubin on 1/15/2023. (c/m 1/17/2023 bas, Deputy Clerk)
5. NYS 1:2020cv04092 — Pro Publica, Inc. v. United States Department of Health & Human Services

   • January 18, 2023: ORDER granting [55] Letter Motion to Stay re: [55] JOINT LETTER MOTION to Stay by Thirty Days addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated January 17, 2023. Application GRANTED. Production shall remain STAYE D, and HHS will resume production at the prior pace of at least 1,000 pages per month in March 2023. The parties shall file a joint status letter on January 26, 2023, and every Thursday thereafter until otherwise directed. No further extensions will be granted absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 1/18/2023) (ate)
6. NYS 1:2022cv10299 — New York Times Company et al v. U.S. Department of Defense

   • January 17, 2023: 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 Notice, 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 &quot ;Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all furthe r proceedings will then be conducted before the assigned Magistrate Judge 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 s o 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. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/17/2023) (kv)
   • January 17, 2023: 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 Notice, 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 &quot ;Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all furthe r proceedings will then be conducted before the assigned Magistrate Judge 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 s o 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. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/17/2023) (kv)
7. WAW 2:2015cv00369 — Microsoft Corporation v. Internal Revenue Service

   • January 18, 2023: ORDER granting Defendant's [63] Motion for Summary Judgment. Plaintiffs remaining claims are DISMISSED. This case is CLOSED. Signed by Judge Ricardo S. Martinez. (SB)
8. WAW 2:2015cv01605 — Microsoft Corporation v. Internal Revenue Service

   • January 18, 2023: ORDER granting Defendant's [51] Motion for Summary Judgment. Plaintiff's remaining claims are DISMISSED. This case is CLOSED. Signed by Judge Ricardo S. Martinez. (SB)