FOIA Activity: 11 New Procedural or Substantive Decisions

We have added 11 decisions of a procedural or substantive nature filed between February 12, 2023 and February 18, 2023. These are associated with 11 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. DC 1:2015cv02022 — BROOK v. TETI et al

   • February 17, 2023: MEMORANDUM OPINION. Signed by Judge Thomas F. Hogan on February 17, 2023. (CR)
2. DC 1:2017cv00319 — KOLBUSZ v. FEDERAL BUREAU OF INVESTIGATION

   • February 17, 2023: MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 02/17/2023. (lcegs2)
3. MN 0:2019cv03006 — T. Keith Fogg v. Internal Revenue Service

   • February 16, 2023: ORDER in Response to [68] USCA Mandate: granting [28] Motion for Summary Judgment and denying [34] Motion for Summary Judgment. (Written Opinion) Signed by Judge Susan Richard Nelson on 2/16/2023. (RCW)
4. NYS 1:2020cv10625 — Immigrant Defense Project et al v. United States Department of Homeland Security et al

   • February 13, 2023: OPINION & ORDER re: [45] MOTION for Summary Judgment. filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security, [48] FIRST MOTION for Summary Judgment. filed by Center f or Constitutional Rights, Immigrant Defense Project. For the foregoing reasons, Plaintiffs' motion is granted in part and denied in part. Defendants' motion is also granted in part and denied in part. The parties are directed to me et and confer in a good-faith effort to: (1) agree to new search terms and a reasonable timeline for the agency's production, consistent with Part I of this Opinion; and (2) agree to a reasonable timeline for the agency to produce new versions of the OPLA Fourth Amendment Refresher Training; HSI Special Agent Training Surveillance Guide; Operation Plans for Operation Palladium for the New York and Newark Field Offices; email labeled as "Operation Palladium HSI Special Agent in Ch arge (SAC) Assignments to ERO Field Offices"; email labeled as "ICE HSI Assistant Special Agent-in-Charge (ASAC) to numerous (more than twenty) ICE employees"; and ERO Fugitive Operations Handbook, consistent with Parts II and III o f this Opinion, or otherwise provide the necessary justifications for withholding under Exemptions 5 and 7(E) as set forth in this Opinion. Defendants may redact information subject to other exemptions, such as Exemptions 6 and 7(C), where warrant ed. No later than February 27, 2023, the parties shall file a joint letter either notifying the Court of the agreed upon dates, or, if the parties could not reach an agreement, setting forth their respective positions. After completing the productions described above, the parties may renew their motions for summary judgment. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 45 and 48. (Signed by Judge Ronnie Abrams on 2/13/2023) (ate)
5. NYS 1:2022cv10088 — Virtu Financial, Inc. v. United States Securities and Exchange Commission

   • February 17, 2023: NOTICE OF REASSIGNMENT: This case has been reassigned to this Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Unless and unt il the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5) double-spaced pages, and shall provide the following information, to the extent relevant, in separate paragraphs: as set forth herein. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/17/2023) (ama)
6. PAW 2:2023cv00245 — EPISITO v. GOOGLE LLC et al

   • February 17, 2023: MEMORANDUM ORDER indicating as follows: [1] Plaintiff's Motion for Leave to Proceed In Forma Pauperis is granted; Plaintiff's Complaint (Docket No. 1-1) is dismissed without prejudice to amendment to the extent that Plaintiff is able to state a plausible claim for relief; to the extent Plaintiff wishes to file an Amended Complaint, she must do so by 3/3/23, otherwise the case will be closed. See Memorandum Order for further details. Signed by Judge W. Scott Hardy on 2/17/23. (kw)
7. WAW 2:2020cv01309 — Kinnucan v. National Security Agency et al

   • February 16, 2023: ORDER granting Defendants' [56] Motion for Leave to Submit Classified Declarations for Ex Parte, In Camera Review. The Court ORDERS Defendants to submit the declarations for ex parte, in camera inspection as soon as practicable. Signed by Judge Marsha J. Pechman. (SB)
8. WAW 2:2021cv00564 — State of Washington v. Office of Management and Budget

   • February 14, 2023: ORDER of Dismissal with Prejudice re Parties' [49] Stipulated MOTION. Signed by Judge Tana Lin.(LH)
9. WAW 2:2021cv00565 — State of Washington v. United States National Archives and Records Administration

   • February 14, 2023: ORDER of Dismissal with Prejudice re Parties' [44] Stipulated MOTION. Signed by Judge Tana Lin. (LH)
10. WAW 2:2021cv00566 — State of Washington v. Public Buildings Reform Board

    • February 14, 2023: ORDER of Dismissal with Prejudice re Parties' [45] Stipulated MOTION. Signed by Judge Tana Lin. (LH)
11. WAW 2:2021cv00794 — State of Washington v. US General Services Administration

    • February 14, 2023: ORDER of Dismissal with Prejudice re Parties' [46] Stipulated MOTION. Signed by Judge Tana Lin. (LH)