FOIA Activity: 9 New Procedural or Substantive Decisions

We have added 9 decisions of a procedural or substantive nature filed between March 19, 2023 and March 25, 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. CAE 2:2022cv02148 — Jamul Action Committee v. Department of Interior et al

   • March 22, 2023: ORDER signed by Chief District Judge Kimberly J. Mueller on 03/22/23 GRANTING [9] Ex Parte Application and SETTING the deadlines as follows; Parties shall file their Joint Status Report no later than 04/27/23; Defendants' deadline to respond to the Complaint is 05/02/23 and the Pretrial Conference set for 5/11/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Licea Chavez, V) Modified on 3/23/2023 (Licea Chavez, V).
2. CAN 4:2021cv02632 — American Civil Liberties Union of Northern California et al v. U.S. Immigration and Customs Enforcement et al

   • March 23, 2023: ORDER granting [64] Stipulation Continuing Further Case Management Conference: Further Case Management Conference is continued to 4/19/2023 01:30 PM in Oakland, – Videoconference Only. Parties shall file an updated Joint Case Management State ment by 4/12/2023. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Signed by Chief Magistrate Judge Donna M. Ryu on 3/23/2023. (ig, COURT STAFF) (Filed on 3/23/2023)
3. CAN 4:2021cv09633 — The Center for Investigative Reporting et al v. Department of Homeland Security

   • March 20, 2023: ORDER GRANTING [40] STIPULATION to Continue Case Management Conference. Case Management Statement due by 4/25/2023. Further Case Management Conference set for 5/2/2023 02:00 PM. The 5/25/2023 proceeding will be held by AT&T Confere nce 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 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 hear and understand them clearly before s peaking 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 copy ing of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. NOTE REGARDING TELEPHONIC CASE MANAGEMENT CONFERENCES: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. Signed by Judge Haywood S. Gilliam, Jr. on 3/20/2023. (ndr, COURT STAFF) (Filed on 3/20/2023)
4. DC 1:2020cv03240 — AKEL V. UNITED STATES DEPARTMENT OF JUSTICE

   • March 21, 2023: MEMORANDUM OPINION AND ORDER: For the reasons provided herein, it is hereby ORDERED that (1) the Government's motion for summary judgement, Dkt. [39] , is GRANTED in part and DENIED in part; (2) Plaintiff's cross-motion for summary judgment, Dkt. [45] , is DENIED without prejudice; (3) Plaintiff's motion to reopen the judgment, Dkt. [46] , is DENIED; and (4) Plaintiff's claim for monetary damages, Dkt. 33 at 7, is DISMISSED. See document for details. Signed by Judge Randolph D. Moss on 3/21/2023. (lcrdm2)
5. DC 1:2021cv01411 — ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF THE INTERIOR

   • March 21, 2023: MEMORANDUM OPINION. Signed by Judge John D. Bates on 3/21/2023. (lcjdb3)
6. DC 1:2022cv01183 — AMERICANS FOR FAIR TREATMENT v. UNITED STATES POSTAL SERVICE et al

   • March 23, 2023: MEMORANDUM OPINION re: Motion [14] for Summary Judgment, Cross-Motion [18] for Summary Judgment, Partial Motion [24] to Dismiss. Signed by Judge Royce C. Lamberth on 03/23/2023. (lcrcl3)
7. FLM 5:2021cv00554 — Ghinis v. United States Citizenship and Immigration Services (USCIS)

   • March 22, 2023: ORDER denying without prejudice 14 Motion for Summary Judgment; denying without prejudice 15 Motion for Summary Judgment. Signed by Judge John Antoon II on 3/22/2023. (EK)
8. NYS 1:2023cv01593 — Lowe v. U.S. Department of Justice

   • March 24, 2023: ORDER OF SERVICE: The Clerk of Court is instructed to fill out a USM-285 form for Defendant U.S. Department of Justice, Office of Information Policy. The Clerk of Court is further instructed to: (1) mark the box on the USM-285 form labeled &quot ;Check for service on U.S.A."; and (2) issue a summons and deliver to the Marshals Service a copy of this order and all other paperwork necessary for the Marshals Service to effect service on the United States. The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge John P. Cronan on 3/24/2023) (jca)
9. NYW 1:2019cv00417 — Pickering v. U.S. Department of Justice et al

   • March 23, 2023: DECISION AND ORDER. Magistrate Judge Leslie G. Foschio's [42] Report and Recommendation is adopted in part. Defendant Department of Justice's motions for summary judgment [27] 31 are granted. Defendant Department of Homeland Security's motion for summary judgment [23] is denied. This matter is recommitted to Magistrate Judge Foschio for further proceedings as indicated in the Decision and Order. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/23/2023. (LAS)