FOIA Activity: 10 New Procedural or Substantive Decisions

We have added 10 decisions of a procedural or substantive nature filed between April 9, 2023 and April 15, 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. CAE 2:2023cv00423 — (PS) Rossington et al v. Mountain Circle Family Service, Inc., et al

   • April 14, 2023: ORDER signed by Magistrate Judge Dennis M. Cota on 04/14/23 ORDERING the following: [31] Plaintiffs' notice of voluntary dismissal is NOT ACCEPTED and this action is not dismissed on Plaintiffs' Notice; DENYING as unnecessary [12] Plaintif fs' Motion for Leave to Amend; Clerk to FILE [12] Plaintiffs' proposed first amended complaint and Exhibits A through W, at pages 71-260, as of 03/29/23; Defendants shall file a response to Plaintiffs' first amended complaint within 30 days; any renewed motion for remand shall be filed within 30 days; VACATING the 04/19/23 and 06/07/23 hearings; DENYING as unnecessary [30] Berry's Request for Remote Appearance. (Benson, A.)
2. DC 1:2023cv00748 — HERITAGE FOUNDATION et al v. U.S. ENVIRONMENTAL PROTECTION AGENCY

   • April 14, 2023: MEMORANDUM OPINION re. [8] Order on Motion for Preliminary Injunction. Signed by Chief Judge James E. Boasberg on 4/14/2023. (lcjeb3)
3. ILS 3:2023cv00867 — Reynolds v. United States Probation Office et al

   • April 14, 2023: ORDER denying [5] Motion for Leave to Proceed in forma pauperis; denying [6] Motion for Preliminary Injunction. Plaintiff has until May 5, 2023 to pay the full filing fee. Failure to comply will result in the dismissal of this case. Signed by Chief Judge Nancy J. Rosenstengel on 4/14/2023. (anp)
4. ME 2:2021cv00066 — IMMIGRANT LEGAL ADVOCACY PROJECT et al v. US IMMIGRATION AND CUSTOMS ENFORCEMENT

   • April 12, 2023: ORDER AFFIRMING RECOMMENDED DECISION adopting [52] REPORT AND RECOMMENDED DECISION re [36] MOTION for Summary Judgment , [39] Cross MOTION for Summary Judgment By JUDGE JOHN A. WOODCOCK, JR. (jad)
5. MN 0:2023cv00645 — Esposito v. Center Point Legal Solutions

   • April 12, 2023: ORDER OF DISMISSAL denying [2] Application to Proceed in District Court without Prepaying Fees or Costs and dismissing case pursuant to 28 U.S.C. Section 1915(e)(2)(B). (Written Opinion) Signed by Judge Susan Richard Nelson on 4/12/2023. (SMD)
6. NYS 1:2021cv09519 — International Refugee Assistance Project v. United States Department of Homeland Security et al

   • April 13, 2023: SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Friday, June 2, 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 P rocedures 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 sett lement negotiations and preferably before the submission to the Court of Acknowledgment Forms and Ex Parte Settlement Letters, which are to be submitted by email to Netburn_NYSDChambers@nysd.uscourts,gov, by Friday, May 26, 2023. (Settlement Conference set for 6/2/2023 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 4/13/2023) (ras)
7. NYS 1:2023cv02931 — International Refugee Assistance Project, Inc. v. U.S. Citizenship and Immigration Services

   • April 11, 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 discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 4/11/2023) (kv)
   • April 11, 2023: INITIAL PRETRIAL SCHEDULING: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by June 12, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 4/11/2023) (kv)
   • April 11, 2023: ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil P rocedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 4/11/2023) (kv)
8. WAW 3:2023cv05177 — Holm et al v. Federal Bureau of Investigation et al

   • April 13, 2023: MINUTE ORDER: The Court concludes that this proceeding is exempt from the initial disclosure requirements of Federal Rule of Civil Procedure 26(a)(1)(A) and the initial conference requirements of Federal Rule of Civil Procedure 26(f). Counsel are directed to confer and to file a JOINT STATUS REPORT by June 16, 2023. The conference among counsel shall be by direct and personal communication. Signed by Judge Thomas S. Zilly. (LH)