FOIA Activity: 9 New Procedural or Substantive Decisions

We have added 9 decisions of a procedural or substantive nature filed between May 21, 2023 and May 27, 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. DC 1:2019cv01927 — CAUSE OF ACTION INSTITUTE v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

   • May 24, 2023: MEMORANDUM AND OPINION re: Defendant's [29] Motion for Summary Judgment; Plaintiff's [30] Motion for Summary Judgment; and Plaintiff's [40] Motion for Oral Argument. Signed by Judge Tanya S. Chutkan on 05/24/2023. (lcss)
2. DC 1:2021cv01635 — ANAND et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al

   • May 23, 2023: MEMORANDUM OPINION accompanying [94] Order. Signed by Judge Colleen Kollar-Kotelly on 5/23/23. (lcckk3)
3. FLM 3:2023cv00349 — Turem v. U.S. Social Security Administration et al

   • May 26, 2023: ORDERED: Plaintiff's Notice of Intent to Initiate Litigation for Freedom of Information Act Violations 1 is STRICKEN without prejudice to Plaintiff filing a complaint at an appropriate time in a new case. The Clerk of Court is directed to terminate any pending motions and close the file. Signed by Magistrate Judge Joel B. Toomey on 5/26/2023. (JDM)
4. ILS 3:2023cv00867 — Reynolds v. United States Probation Office et al

   • May 23, 2023: ORDER DENYING [8] MOTION for Reconsideration and [9] MOTION for Order to filed by Michael Curtis Reynolds. Full filing fee due by 6/6/2023. Signed by Chief Judge Nancy J. Rosenstengel on 5/23/2023. (anp)
5. NYS 1:2020cv04092 — Pro Publica, Inc. v. United States Department of Health & Human Services

   • May 22, 2023: ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's c alendar, provided the application to restore the action is made by June 9, 2023. Any application to reopen filed after June 9, 2023, may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences are CANCELED. (Signed by Judge Lorna G. Schofield on 5/22/2023) (ama)
6. NYS 1:2021cv09519 — International Refugee Assistance Project v. United States Department of Homeland Security et al

   • May 25, 2023: SETTLEMENT CONFERENCE ORDER: The settlement conference scheduled for Friday, June 2, 2023, is RESCHEDULED to Wednesday, August 2, 2023, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties a re directed to review and comply with the Procedures 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. Ex Parte Settlement L etters and Attendance forms should be submitted by July 26, 2023, to Netburn_NYSDChambers@nysd.uscourts.gov. (Settlement Conference set for 8/2/2023 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 5/25/2023) (ras)
7. NYS 1:2023cv01854 — The New York Times Company et al v. Central Intelligence Agency et al

   • May 26, 2023: ORDER granting [18] Letter Motion to Adjourn Conference. Application GRANTED. The Initial Case Management Conference and corresponding deadlines are ADJOURNED sine die. The parties shall file a monthly joint status letter on the last business Friday of each month beginning June 30, 2023. (Signed by Magistrate Judge Ona T. Wang on 5/26/2023) (rro)
8. NYS 7:2023cv00845 — Libit v. United States Military Academy et al

   • May 26, 2023: NOTICE OF TELECONFERENCE INFORMATION. For the week of May 29, 2023, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time : Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/26/23) (yv)
9. OR 3:2023cv00257 — Berlant v. US Election Assistance Commission

   • May 25, 2023: OPINION AND ORDER: Plaintiff's Motion for Summary Judgment, ECF [9] , is STRUCK from the record. Plaintiff is permitted to refile that motion after properly complying with Local Rule 7-1(a). Further, the Court construes plaintiff's Amended Motion for Summary Judgment, ECF [12] , as a Motion for Leave to File an Amended Motion for Summary Judgment and that motion is DENIED. Signed on 5/25/2023 by Judge Adrienne Nelson. (joha) Modified Docket text to remove notice of mailing on 5/25/2023 (joha).