FOIA Activity: 13 New Procedural or Substantive Decisions

We have added 13 decisions of a procedural or substantive nature filed between July 16, 2023 and July 22, 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. AK 3:2022cv00178 — Numann v. Federal Bureau of Investigation

   • July 21, 2023: ORDER granting [20] Plaintiff's Motion for Stay. Signed by Judge Joshua M. Kindred on 7/20/23. (LMH, COURT STAFF) Modified on 7/21/2023 to correct text (LMH, COURT STAFF).
2. CAS 3:2023cv00912 — Cohen v. United States Coast Guard

   • July 17, 2023: ORDER denying Motion on Issue of Recusal (ECF No. [7] ). Signed by Judge Janis L. Sammartino on 07/17/2023. (All non-registered users served via U.S. Mail Service)(cxl1)
3. CO 1:2019cv03171 — Rocky Mountain Wild, Inc v. Bureau of Land Management et al

   • July 20, 2023: ORDER by Magistrate Judge Kristen L. Mix on 7/20/23. IT IS HEREBY ORDERED that the portion of Defendants Motion [18] that was taken under advisement is now GRANTED. To the extent Plaintiff's Motion [22] addressed this issue, the Motion [22 ] is DENIED. IT IS FURTHER ORDERED that the new search ordered by the Court was reasonable and complied with the Courts directives in the Order on Summary Judgment [34] IT IS FURTHER ORDERED that as to the documents withheld in connection with the n ew search, the withholding of material in two records under Exemption 6 was proper. The withholding of material in one record under Exemption 5 was not proper because the agency did not meet its burden of demonstrating the foreseeable harm requirem ent.Accordingly, this material shall be produced to RMW. IT IS FURTHER ORDERED that because both Motions for Summary Judgment [18] , [22] have been resolved and were both granted in part and denied in part, judgment shall enter accordingly and the Clerk of Court shall terminate this case. (lgale)
4. DC 1:2022cv00311 — STONEHILL v. UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION

   • July 21, 2023: Memorandum Opinion re. Order [22] on Motion to Amend. Signed by Chief Judge James E. Boasberg on 07/21/2023. (lcjeb3)
5. DC 1:2022cv03029 — AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF AGRICULTURE et al

   • July 18, 2023: MEMORANDUM OPINION regarding the defendants' [21] Motion for Summary Judgment. Signed by Judge Beryl A. Howell on July 18, 2023. (lcbah1)
6. MA 1:2021cv12030 — Harvard Immigration and Refugee Clinical Program v. United States Department of Homeland Security et al

   • July 21, 2023: Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER – As to the adequacy of searches, the Court ALLOWS the Agencies' motion for summary judgment only as to the locations searched as to the CRCL portion of the OIG and CRCL FOIA Request a nd otherwise DENIES the motion. The Court correspondingly DENIES HIRCP's motion for summary judgment only as to the locations searched as to the CRCL portion of the OIG and CRCL FOIA Request and otherwise ALLOWS HIRCP's motion for summary judgment as to the adequacy of OIG's and ICE's searches. As to the exemptions, the Court DENIES the Agencies' motion as to Exemptions 6 and 7(C) as moot, but ALLOWS it as to Exemption 7(E) and DENIES it as to Exemption 5. The Court A LLOWS HIRCP's motion as to Exemption 5 and DENIES it as to Exemption 7. The Court ORDERS counsel for the parties to meet and confer to agree on search terms and locations (except as to the locations searched as to the CRCL portion of the OIG an d CRCL FOIA request) to be searched as to both OIG's search and ICE's search with a proposed time frame for completion of this search. Such joint proposal should be filed by September 1, 2023. The Court also ORDERS DHS to review the docum ent withheld or redacted solely on the basis of Exemption 5, including all expert reports, and either submit a revised Vaughn index by September 1, 2023, correcting the deficiencies outlined above, or produce the documents unredacted to HIRCP and inform the Court of its decision, also by September 1, 2023. (Hourihan, Lisa)
7. NV 2:2023cv00448 — Heineman v. Hinds et al

   • July 19, 2023: ORDER Re: [13] Order Setting Hearing on Motion,the motion for entry of default by clerk [14] and motion for entry of default judgment [15] are added to the scheduled hearing on for July 28, 2023, at 1:00 PM, in Courtroom 3D, third floor, Lloyd D. G eorge Courthouse, United States District Court, 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101.Plaintiff Dale-Scott-Heineman must attend the scheduled hearing in person, Signed by Magistrate Judge Cam Ferenbach on 7/19/2023. (Copies have been distributed pursuant to the NEF – LG)
8. NYS 1:2021cv05450 — Keefe v. Federal Bureau Of Investigation

   • July 17, 2023: NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the cases reassignment, including Dkt. 26. It is OR DERED that the parties must submit a joint status report on December 1, 2023, and on the first business day of the month every six months thereafter. All counsel must familiarize themselves with the Courts Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. (Signed by Judge Jessica G. L. Clarke on 7/17/2023) (rro)
9. NYS 1:2022cv02975 — Oakes v. United States Department of Health And Human Services

   • July 19, 2023: NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment, including ECF 13. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 7/19/2023) (tg)
10. WIE 2:2023cv00467 — Vancaster v. Ferguson et al

    • July 18, 2023: ORDER DISMISSING CASE signed by Chief Judge Pamela Pepper on 7/18/2023. [2] Plaintiff's motion for leave to proceed without prepaying filing fee GRANTED; agency having custody of plaintiff to collect $348.32 balance of filing fee from plain tiff's prison trust account under 28 USC §1915(b)(2). Case DISMISSED WITH PREJUDICE for failure to state claim; plaintiff has incurred "strike" under 28 USC §1915(g). (cc: all counsel and mailed to Warden and Michael Vancaster at Fox Lake Correctional Institution)(cb)
11. WIE 2:2023cv00468 — Vancaster v. Social Security Administration

    • July 18, 2023: ORDER signed by Chief Judge Pamela Pepper on 7/18/2023. [2] Plaintiff's motion for leave to proceed without prepaying filing fee GRANTED; agency having custody of plaintiff to collect $348.32 balance of filing fee from plaintiff's pris on trust account under 28 USC §1915(b)(2). US Marshals Service to serve copy of complaint and this order on defendant under FRCP 4. Defendant to file responsive pleading. (cc: all counsel and mailed to Warden and Michael Vancaster at Fox Lake Correctional Institution)(cb)
12. WIE 2:2023cv00469 — Vancaster v. Walsh

    • July 18, 2023: ORDER DISMISSING CASE signed by Chief Judge Pamela Pepper on 7/18/2023. [2] Plaintiff's motion for leave to proceed without prepaying filing fee GRANTED; agency having custody of plaintiff to collect $348.32 balance of filing fee from plain tiff's prison trust account under 28 USC §1915(b)(2). Case DISMISSED WITH PREJUDICE for failure to state claim; plaintiff has incurred "strike" under 28 USC §1915(g). (cc: all counsel and mailed to Warden and Michael Vancaster at Fox Lake Correctional Institution)(cb)
13. WIE 2:2023cv00470 — Vancaster v. Lasee et al

    • July 18, 2023: ORDER DISMISSING CASE signed by Chief Judge Pamela Pepper on 7/18/2023. [2] Plaintiff's motion for leave to proceed without prepaying filing fee GRANTED; agency having custody of plaintiff to collect $348.32 balance of filing fee from plain tiff's prison trust account under 28 USC §1915(b)(2). Case DISMISSED WITH PREJUDICE for failure to state claim; plaintiff has incurred "strike" under 28 USC §1915(g). (cc: all counsel and mailed to Warden and Michael Vancaster at Fox Lake Correctional Institution)(cb)