FOIA Activity: 10 New Procedural or Substantive Decisions

We have added 10 decisions of a procedural or substantive nature filed between February 26, 2023 and March 4, 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. CAN 4:2022cv07772 — National Bail Fund Network et al v. Immigration & Customs Enforcement et al

   • February 27, 2023: ORDER (as modified) Granting [40] STIPULATION to Continue Initial Case Management Conference.Case Management Statement due by 5/2/2023 and Initial Case Management Conference set for 5/9/2023 02:00 PM. The 5/9 proceeding 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 conference 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 to access the conferenc e 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 hear 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 2/27/2023. (ndr, COURT STAFF) (Filed on 2/27/2023)
2. NYS 1:2019cv00693 — The New York Times Company et al v. Department of Education

   • February 28, 2023: MEMORANDUM OPINION AND ORDER re: [26] MOTION for Summary Judgment. filed by Department of Education, [29] CROSS MOTION for Summary Judgment filed by The New York Times Company, Erica Green. For the foregoing reasons, Defendant's motion for summary judgment is granted, in part, and denied, in part. The Court finds that the Defendant has proffered sufficient evidence for the Court to find that the records withheld under Exemption 7 were properly withheld in their entirety. With regard to the documents withheld by the DOE pursuant to Exemption 5, the Court grants Defendant's motion for summary judgment as to all of the documents listed in Plaintiffs' Appendix A (see docket entry no. 30) wit h the exception of those with the Bates numbers 002876-002881, 002981, and 003232-003233. The motion is denied without prejudice as to those documents, which the DOE is directed to re-review in a manner consistent with this Memorandum Opinion and O rder. The DOE must make additional productions as appropriate, and update its Vaughn index accordingly, within 30 days from the date hereof. With regard to the two documents the parties contest that are not included in Plaintiffs' Appendix A, at Bates numbers 003498-003500 and 003501-003503, Plaintiffs' motion for summary judgment is granted only as to the redactions referring to the locations of the Commission's meetings contained within those documents, which the DOE must produce within 30 days. Plaintiffs' motion for summary judgment is otherwise denied. The parties are directed to confer, and no later than June 30, 2023, file a joint letter identifying any areas of remaining disagreement and stating the ir positions as to the status of the case, including whether judgment should be entered and this case closed. This Memorandum Opinion and Order resolves docket entry numbers 26 and 29. This case remains referred to Magistrate Judge Cott for general pretrial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/28/2023) (vfr)
3. NYS 1:2021cv09519 — International Refugee Assistance Project v. United States Department of Homeland Security et al

   • February 28, 2023: ORDER: On Tuesday, February 28, 2023, the Honorable James L. Cott directed the parties to contact my chambers to schedule a settlement conference and report on the status of these negotiations by April 21, 2023. ECF No. 39. Accordingly, the Cour t directs the parties to immediately contact Courtroom Deputy Rachel Slusher, at Rachel_Slusher@nysd.uscourts.gov, to indicate whether they are available for a settlement conference on April 11, 12, 17 or 18, 2023. These dates are not being h eld and could be scheduled with other matters. Finally, the parties are advised that the Executive Director of the International Refugee Assistance Project is the spouse of a law partner of Judge Netburn's husband. The Court does not believe this creates a conflict but discloses this information for full transparency. If either party believes the Court should recuse, it may make an application and the matter will be assigned to another Magistrate Judge. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/28/2023) (tg)
   • March 2, 2023: SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Wednesday, April 12, 2023, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by email to Netburn_NYSDChambers@nysd.uscourts,g ov, by Wednesday, April 5, 2023. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 4/12/2023 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/2/2023) (ras)
4. NYS 1:2022cv09481 — The New York Times Company et al v. United States Department of Defense

   • March 2, 2023: ORDER granting [12] Letter Motion to Adjourn Conference. The conference is cancelled. Status report is due 3/31/2023. (Signed by Judge Denise L. Cote on 3/2/2023) (tg)
5. NYS 1:2023cv01593 — Lowe v. U.S. Department of Justice

   • February 27, 2023: ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pur suant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 3/29/2023. In Forma Pauperis (IFP) Application due by 3/29/2023. (Signed by Judge Laura Taylor Swain on 2/27/2023) (sha)
6. OKN 4:2015cv00523 — Bristow First Assembly of God et al v. BP p.l.c. et al

   • March 2, 2023: OPINION AND ORDER by Judge Gregory K Frizzell ; granting [287] Motion for Summary Judgment (Re: [287] MOTION for Summary Judgment and Brief in Support Thereof ) (kjp, Dpty Clk)
7. TXS 4:2021cv02661 — Longas-Palacio v. Jaddou et al

   • February 28, 2023: ORDER granting [16] MOTION for Summary Judgment and Vaughn Index , denying [17] Plaintiff's Response to Defendant's Motion for Summary Judgment and Plaintiff's Own Motion for Summary Judgment. This is a Final Judgment. Case terminated on 02/28/2023. (Signed by Judge David Hittner) Parties notified.(JosephWells, 4)
8. TXW 1:2023cv00106 — Harp v. United States Army Special Operations Command

   • February 27, 2023: ORDER GRANTING [1] Motion for Leave to Proceed in forma pauperis. Signed by Judge Susan Hightower. (dm)
9. VAE 1:2022cv00289 — Borromeo v. Mayorkas, et al.

   • February 27, 2023: MEMORANDUM OPINION AND ORDER that the Defendants' Partial Motion to Dismiss (8) is GRANTED (see Order for further details). Signed by District Judge Patricia Tolliver Giles on 2/27/2023. (Dest)