FOIA Activity: 6 New Procedural or Substantive Decisions

We have added 6 decisions of a procedural or substantive nature filed between June 4, 2023 and June 10, 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. CAE 1:2022cv01132 — Earth Island Institute v. United States National Park Service, et al.

   • June 9, 2023: ORDER signed by Magistrate Judge Erica P. Grosjean on June 9, 2023. Based on the parties' joint motion (ECF No. [22] ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1. The scheduling conference currently set for June 15, 2023, is reset to August 9, 2023, at 10:00 a.m., in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties shall file a joint status report one full week prior to the conference.(Rooney, M)
2. DC 1:2021cv03163 — WHITMAN v. DEPARTMENT OF THE ARMY

   • June 5, 2023: MEMORANDUM OPINION AND ORDER DENYING Plaintiff's [26] Motion for Reconsideration, [28] Motion for Leave to Amend, and [29] Motion for Discovery. It is FURTHER ORDERED that that the existing briefing schedule governing Defendant's pending M otion for Summary Judgment, entered by this Court on March 1, 2023, is AMENDED; Plaintiff must file his Opposition by June 16, 2023, and the Army must file its Reply, if any, by June 30, 2023. See document for details. Signed by Judge Ana C. Reyes on 6/5/2023. (lcjo) Modified on to update document type 6/6/2023 (zcdw).
3. ME 2:2023cv00211 — THE ESTATE OF ATTORNEY SIMON M BUENAVENTURA v. EXECUTIVE OFFICE OF THE PRESIDENT et al

   • June 5, 2023: REPORT AND RECOMMENDED DECISION re [1] Complaint. Objections to R&R due by 6/20/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
4. NYS 1:2019cv02520 — Immigrant Defense Project v. United States Immigration and Customs Enforcement

   • June 6, 2023: ORDER OF DISCONTINUANCE: Accordingly, it is hereby ORDERED that this action is dismissed with prejudice and without costs (including attorney's fees) to either party. If either party wishes to reinstate this matter, the party must make a letter application to the undersigned within 30 days seeking to reopen this matter. Any application to reopen filed after the 30-day period has expired may be denied solely for failure to meet the 30-day deadline. Any pending motions are moot. The Clerk is requested to close the case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/06/2023) (ama)
5. NYS 1:2019cv03112 — American Society for the Prevention of Cruelty to Animals v. The Animal and Plant Health Inspection Service et al

   • June 7, 2023: STIPULATION AND PROTECTIVE ORDER…regarding procedures to be followed that shall govern the handling of confidential material…SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/7/2023) (jca)
6. NYS 1:2022cv00044 — Smolen v. The Federal Aviation Administration

   • June 5, 2023: CLERK'S JUDGMENT re: [53] Memorandum & Opinion. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 2, 2023, Defendant's motion for summary judgment is GRANTED and Plaintiff's motion for summary judgment is DENIED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/2/2023) (Attachments: # 1 Appeal Package) (tp) (Main Document 54 replaced on 6/5/2023) (tp).