FOIA Activity: 8 New Procedural or Substantive Decisions

We have added 8 decisions of a procedural or substantive nature filed between May 28, 2023 and June 3, 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. FLM 3:2019cv01116 — Sarama v. Drug Enforcement Administration

   • June 1, 2023: ORDER granting 17 Plaintiff's Motion for Attorneys' Fees and Costs; parties to confer in good faith regarding fees and costs no later than 6/23/2023; stipulation or supplemental motion due within forty-five days. Signed by Magistrate Judge James Klindt on 6/1/2023. (KAW)
2. NYS 1:2021cv10534 — The New York Times Company et al v. Federal Bureau of Investigation

   • May 30, 2023: ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk o f Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the part ies' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/30/2023) (tg)
3. NYS 1:2021cv10673 — Bonner v. Central Intelligence Agency

   • June 1, 2023: ORDER: granting [35] Letter Motion to Stay re: [35] LETTER MOTION to Stay FOIA Productions Pending Confirmation of Status of Privacy Waiver. addressed to Judge Paul A. Engelmayer from AUSA Sarah S. Normand dated May 31, 2023. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/01/2023) (ama)
4. NYS 1:2022cv00044 — Smolen v. The Federal Aviation Administration

   • June 2, 2023: OPINION AND ORDER re: [36] MOTION for Summary Judgment. filed by The Federal Aviation Administration. Defendant's motion for summary judgment is GRANTED and Plaintiff's motion for summary judgment is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 36 and to close this case. (Signed by Judge Lewis J. Liman on 6/2/2023) (rro) Transmission to Orders and Judgments Clerk for processing.
5. NYS 1:2023cv04402 — The New York Times Company et al v United States Department of Justice

   • May 30, 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 condu cting all further proceedings before the assigned Magistrate Judge. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by July 24, 2023, advising the Court t hat the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 5/30/2023) (jca) Modified on 5/30/2023 (jca).
   • May 30, 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 Procedure 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 appoin ted 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 5/30/2023) (jca)
   • May 30, 2023: INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by July 24, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure an d the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to f ile a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Courts Individual Practices. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 5/30/2023) (jca)
6. NYS 7:2023cv00845 — Libit v. United States Military Academy et al

   • May 31, 2023: ORDER granting [25] Letter Motion to Adjourn Conference. Granted. The conference is adjourned to 6/21/23, at 10:30. So Ordered. Initial Conference set for 6/21/2023 at 10:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 5/30/2023) (rro)