FOIA Activity: 13 New Procedural or Substantive Decisions

We have added 13 decisions of a procedural or substantive nature filed between May 7, 2023 and May 13, 2023. These are associated with 13 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 1:2022cv00837 — Caetano v. Internal Revenue Service et al

   • May 9, 2023: FINDINGS and RECOMMENDATIONS Recommending Dismissal of [9] Second Amended Complaint, signed by Magistrate Judge Stanley A. Boone on 5/9/2023. Referred to Judge Thurston; Objections to F&R due within fourteen (14) days. (Rivera, O)
2. DC 1:2018cv00645 — LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW et al v. OFFICE OF MANAGEMENT AND BUDGET

   • May 12, 2023: MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 05/12/2023. (lcegs2)
3. DC 1:2021cv00504 — LANDIS v. FEDERAL BUREAU OF PRISONS et al

   • May 10, 2023: MEMORANDUM AND OPINION and Order denying without prejudice plaintiff's Motion for Summary Judgment (ECF No. 64) and Defendants EOUSA and OPM's Cross-Motions for Summary Judgment (ECF No. 68). Signed by Judge Colleen Kollar-Kotelly on 5/10/23. (psu2)
4. DC 1:2022cv03290 — DERYCK v. DEPARTMENT OF DEFENSE et al

   • May 8, 2023: MEMORANDUM ORDER re Defendants' [13] Motion to Dismiss. See attached Order for details. Signed by Judge Trevor N. McFadden on 5/8/2023. (lctnm3)
5. INS 2:2023cv00128 — TIKAL v. INTERNAL REVENUE SVC et al

   • May 12, 2023: ORDER DISMISSING CASE – Mr. Tikal has not paid the filing fee. Thus, the Court DISMISSES this case. Because of the early stage of this case, the dismissal is without prejudice. See Hill v. United States, 762 F.3d 589, 591 (7th Cir. 2014). Final judgment will issue by separate entry. Copy sent to Plaintiff via U SMail. Signed by Judge James Patrick Hanlon on 5/12/23.(JRB)
6. MA 1:2021cv10761 — American Civil Liberties Union of Massachusetts et al v. Immigration and Customs Enforcement

   • May 8, 2023: District Judge Angel Kelley: ORDER entered. MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION FOR DISCOVERY AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT. For the reasons explained in the attached memorandum, Plaintiffs’ [68] motion for discovery is GRANTED IN PART and DENIED IN PART , and ICE’s [77] motion for summary judgment is DENIED. It is hereby ORDERED that, within 45 days, ICE shall file a su pplemental declaration explaining in detail (1) how it searched Nathalie Asher’s mobile device; (2) which applications on that device were searched; and (3) whether it has also searched Asher’s mobile device and any other devices for memoranda or other documents memorializing any communications responsive to the Request. (Pacho, Arnold)
7. MA 1:2022cv11532 — American Civil Liberties Union of Massachusetts, Inc. v. Central Intelligence Agency et al

   • May 11, 2023: Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER – The Court DENIES Defendants' motion for summary judgment, D. 24, and ALLOWS the ACLUM's cross-motion for summary judgment on the limited issue of whether Defendants "improp erly refused to confirm or deny the existence of records responsive to [the] ACLUM's [FOIA] requests," D. 27. Defendants are hereby ORDERED to confirm or deny the existence of records responsive to the ACLUM's August 15, 2022 and Augu st 16, 2022 FOIA requests by May 25, 2023. The parties are further ordered to confer and submit a joint scheduling proposal to the Court for any further deadlines for disposition of this case. Such proposal shall be filed with the Court by June 1, 2023.(Hourihan, Lisa)
8. NCW 5:2023cv00021 — Crabb v. Internal Revenue Service

   • May 12, 2023: ORDER setting schedule for rolling release of records and status report deadlines ( Status Report due by 7/15/2023). Signed by US Magistrate Judge David Keesler on 5/11/23. (mga)
9. NYS 1:2019cv08905 — International Refugee Assistance Project v. United States Citizenship and Immigration Services et al.

   • May 12, 2023: ORDER: The Court is in receipt of the parties' joint letter dated May 12, 2023. ECF No. 111. The parties are directed to appear, by phone, for a conference on May 17, 2023, at 1:00 p.m. Dial-in: 888-363-4749, with access code 8140049. This case is stayed pending the conference with the Court.SO ORDERED. ( Telephone Conference set for 5/17/2023 at 01:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 5/12/2023) (vfr)
10. NYS 1:2023cv01236 — International Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services et al

    • May 8, 2023: ORDER: As discussed at the May 8, 2023 Initial Case Management Conference, the parties shall submit monthly joint status reports updating the Court on their efforts at reaching a resolution of this matter. The reports shall be filed on the eighth day of each month, or if that date is a weekend or public holiday, then on the following Monday. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/8/2023) (vfr)
11. NYS 7:2023cv00845 — Libit v. United States Military Academy et al

    • May 9, 2023: ORDER granting [20] Letter Motion to Adjourn Conference. Granted. The 5/11/23 conference is adjourned to 6/1/23, at 10:00 So Ordered. ( Initial Conference set for 6/1/2023 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 5/9/23) (yv)
12. SC 2:2023cv00516 — Whatley et al v. North Charleston, City of et al

    • May 12, 2023: ORDER RULING ON REPORT AND RECOMMENDATION for [16] Report and Recommendation. The court adopts the Report, ECF No. [16] , in its entirety. Plaintiffs have failed to establish FOIA. 5 U.S.C. § 552, extends to requests for information made to states and their municipalities. This matter is DISMISSED without prejudice and without issuance and service of process for lack of subject matter jurisdiction. Signed by the Honorable Sherri A. Lydon on May 12, 2023. (ahil) Modified on 5/16/2023 to edit text. (ahil).
13. WAW 2:2021cv01166 — Stepien v. Spinrad et al

    • May 8, 2023: MINUTE ORDER: If the parties are unable to reach a resolution within 60 days from the date of this Order, they must proceed with proposing a cross-motion briefing schedule. No further extensions will be granted absent exceptional circumstances. Authorized by Hon. S. Kate Vaughan. (LH)