FOIA Activity: 6 New Procedural or Substantive Decisions

We have added 6 decisions of a procedural or substantive nature filed between April 16, 2023 and April 22, 2023. These are associated with 6 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. AK 3:2022cv00178 — Numann v. Federal Bureau of Investigation

   • April 17, 2023: ORDER denying [12] Motion for Summary Judgment. Signed by Judge Joshua M. Kindred on 4/17/2023. (ANM, COURT STAFF)
2. CT 3:2017cv01061 — Council on American-Islamic Relations – Connecticut et al v. US Citizenship and Immigration Services et al

   • April 17, 2023: ORDER granting in part and denying in part the defendants' Motion for Summary Judgment, (Doc. No. [216] ), and denying the plaintiffs' Motion for Summary Judgment, (Doc. No. [217] ): For the reasons stated in the attached decision, the defend ants' motion for summary judgment, (Doc. No. [216] ), is GRANTED IN PART and DENIED IN PART , and the plaintiffs' cross-motion for summary judgment, (Doc. No. [217] ), is DENIED. The Court grants summary judgment in th e defendants' favor as to the following withholdings: 1) DHS withholding of portions of the EO Report pursuant to the deliberative process privilege under Exemption 5; 2) DHS and State withholdings of portions of the EO Report under Exempt ions 1 and 7(E); 3) ODNI withholding of portions of the EO Report under Exemptions 1 and 3; 4) State withholding of portions of the State Cable and the Operational Q&A under Exemption 7(E); and 5) State withholding of the PRA Supporting Stat ement in full pursuant to the attorney-client and deliberative process privileges under Exemption 5. The Court finds as moot the parties' motions for summary judgment as to the portions of the EO Report withheld by the CIA and NSA since they are identical to those that were properly withheld by the ODNI under Exemptions 1 and 3. Insofar as there exists a genuine issue of material fact as to whether DHS properly withheld the EO Report in full pursuant to the presidential communicatio ns privilege under Exemption 5, the case shall proceed to a factual hearing only on this discrete issue. This is not a recommended ruling. The parties consented to proceed before a United States Magistrate Judge in August 2019, (Doc. Nos. [61] , 62 , 63 ), with any appeal to be made directly to the Court of Appeals. See Fed. R. Civ. P. 73(b)-(c). Signed by Judge Robert M. Spector on April 17, 2023. (Briskin, Corey)
3. DC 1:2023cv00194 — LEE v. U.S. FEDERAL GOVERMENT et al

   • April 18, 2023: MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 4/17/2023. (zrtw)
4. FLM 8:2022cv01981 — State of Florida et al v. Food and Drug Administration et al

   • April 19, 2023: ORDER: The objection (Doc. 64 ) is overruled, and Judge Sneed's March 17, 2023, Order (Doc. 63 ) shall remain the Order of the Court. See Order for details. Signed by Judge Thomas P. Barber on 4/19/2023. (ANL)
5. INS 2:2023cv00128 — TIKAL v. INTERNAL REVENUE SVC et al

   • April 20, 2023: ORDER DENYING MOTION AND REQUIRING PLAINTIFF TO SHOW CAUSE AND PAY FILING FEE – Mr. Tikal has filed is a "Motion to Retain Jurisdiction Filed Defensively." Dkt. [7] The Court will not consider any motions until Mr. Tikal (1) explains w hy he omitted most of his litigation history from his in forma pauperis motion and (2) pays the $402 filing fee to the clerk of the district court. See dkt. [6] Therefore, the Court DENIES Mr. Tikal's motion, dkt. [7] Mr. Tikal has one mo re chance to do both of those things. Failure to do so by May 5, 2023, will result in the dismissal of this action without further notice. (SEE ORDER.) Copy sent to plaintiff via US mail. Signed by Judge James Patrick Hanlon on 4/20/2023. (TPS)
6. NYS 1:2023cv01427 — New York Legal Assistance Group v. United States Department of Education

   • April 18, 2023: ORDER: Following a telephone conference with the parties, it is hereby Ordered that the parties shall file a joint letter on May 18, 2023 setting forth the status of this action, including the productions made to date and a proposed plan for productions going forward. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/18/2023) (kl)