FOIA Activity: 7 New Procedural or Substantive Decisions

We have added 7 decisions of a procedural or substantive nature filed between March 5, 2023 and March 11, 2023. These are associated with 7 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. CAS 3:2022cv00080 — Aguirre v. United States Nuclear Regulatory Commission et al

   • March 6, 2023: ORDER Granting in Part and Denying in Part Defendant's Motion to Dismiss, or, Alternatively, for Summary Judgment re [5] Motion to Dismiss. Signed by Judge John A. Houston on 3/6/2023. (smy1)
2. DC 1:2019cv00104 — WILLIAMS v. DEPARTMENT OF JUSTICE

   • March 9, 2023: MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 3/9/23. (psu2)
3. ILN 1:2018cv05391 — Stevens v. Broadcasting Board of Governors et al

   • March 9, 2023: MEMORANDUM Opinion and Order: This Court grants summary judgment [84] to the remaining agencies-USAGM, HHS, USCIS, USAID, ICE, and USGS. The Clerk is directed to enter judgment in Defendants' favor. Civil case terminated. Signed by the Honorable Mary M. Rowland on 3/9/2023. (See attached Order for further detail.) Mailed notice. (dm, )
4. NYS 1:2019cv01574 — The Innocence Project, Inc. v. National Museum of Health and Medicine et al

   • March 9, 2023: ORDER: This Court grants Plaintiff's request. The documents filed under seal in this case are subject to the common law right of access as they were "relevant to the performance of thejudicial functions and useful in the judicial proc ess." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006) (citation omitted). They were submitted to the Court to determine whether the Privacy Act governed materials from the archive maintained at the National Museum of Healt h and Medicine and, if so, whether the Court should nevertheless order disclosure of the report under the provision of that statute that authorizes disclosure pursuant to court order. ECF No. 88; 5 U.S.C. § 552a(b)(11). These documents were al so used to determine Plaintiff's substantive legal rights to the report and so a strong presumption of access attaches. Lugosch, 435 F.3d at 119. There are also no higher values that counsel against disclosure, as the report is now public and so any countervailing interests favoring privacy are minimal. The Clerk of Court is respectfully directed to place all previously sealed filings in this case on the public docket. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/9/2023) (va)
5. NYS 1:2021cv02166 — Bonner v. Federal Bureau Of Investigation et al

   • March 6, 2023: ORDER granting [51] Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/6/2023) (ks)
6. TNE 3:2022cv00108 — Southern Environmental Law Center v. Tennessee Valley Authority

   • March 7, 2023: MEMORANDUM OPINION AND ORDER: Granting [43] Cross MOTION for Summary Judgment filed by East Tennessee Natural Gas, LLC, [46] Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Ju dgment filed by Tennessee Valley Authority and [52] Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C. Denying [25] MOTION for Summary Judgment filed by Southern Environmental Law Center. A separate judgment shall issue. See Memorandum for details. Signed by District Judge Clifton L Corker on 3/7/2023. (LCK)
7. TXE 4:2020cv00447 — Huddleston v. Federal Bureau of Investigation

   • March 6, 2023: MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that both Plaintiff's Motion for Interim Payment of Costs and Attorney Fees (Dkt. [52] ) and Plaintiff's Supplemental Motion for Interim Payment of Costs and Attorney Fees (Dkt. [96] ) are hereby DENIED without prejudice. Signed by District Judge Amos L. Mazzant, III on 3/6/2023. (baf, )