FOIA Activity: 11 New Procedural or Substantive Decisions

We have added 11 decisions of a procedural or substantive nature filed between August 6, 2023 and August 12, 2023. These are associated with 11 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 3:2023cv00124 — Basey v. Reardon et al

   • August 7, 2023: STANDING ORDER FOR CIVIL RIGHTS CASES FILED BY SELF-REPRESENTED PRISONERS Signed by Judge Joshua M. Kindred on 8/7/2023. (ANM, COURT STAFF)
2. DC 1:2019cv01952 — MAGASSA v. FEDERAL BUREAU OF INVESTIGATION

   • August 11, 2023: MEMORANDUM AND OPINION re [22] Defendant's Motion for Summary Judgment and [24] Plaintiff's Motion for Summary Judgment: See document for details. Signed by Judge Jia M. Cobb on August 11, 2023. (lcjmc1)
3. DC 1:2019cv03062 — BUZZFEED INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY et al

   • August 10, 2023: MEMORANDUM OPINION regarding the defendants' [57] Motion for Summary Judgment and the plaintiff's [58] Cross Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on August 10, 2023. (lcdlf2)
4. DC 1:2021cv00642 — CENTER FOR MEDICAL PROGRESS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

   • August 7, 2023: MEMORANDUM OPINION regarding plaintiff's [35] Motion for Summary Judgment and defendant's [43] 44 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on August 7, 2023. (lcbah2)
5. GAS 4:2023cv00123 — Meta Pharmacy Savannah, LLC, v. The Center for Medicare and Medicaid Services et al

   • August 10, 2023: ORDER DISMISSING CASE. This action is dismissed without prejudice. The Clerk of Court is directed to close this case. Signed by Judge William T. Moore, Jr on 8/10/23. (loh)
6. MA 1:2021cv11817 — Hawkinson v. EOIR

   • August 10, 2023: Magistrate Judge M. Page Kelley: MEMORANDUM AND ORDER entered granting [24] Motion for Summary Judgment. "For the reasons stated, Defendants Motion for Summary Judgment [24] is GRANTED." (Belpedio, Lisa) Modified on 8/10/2023 (Belpedio, Lisa).
7. MA 1:2022cv10407 — American Civil Liberties Union of Massachusetts, Inc. v. U.S. Immigration and Customs Enforcement

   • August 9, 2023: Judge Patti B. Saris: MEMORANDUM AND ORDER entered. Plaintiff's cross-motion for summary judgment (Dkt. [31] ) is ALLOWED in part and DENIED in part. Defendant's motion for summary judgment (Dkt. [20] ) is ALLOWED in part and DENIED in part. The government shall disclose the documents within 60 days, consistent with this Order. SO ORDERED. (McManus, Caetlin)
8. NYS 1:2021cv02166 — Bonner v. Federal Bureau Of Investigation et al

   • August 9, 2023: OPINION & ORDER re: [41] MOTION for Summary Judgment. filed by Federal Bureau Of Investigation, Central Intelligence Agency, [47] CROSS MOTION for Summary Judgment. filed by Raymond Bonner. For the foregoing reasons, the Comi (1) grants the Government's motion for summaiy judgment and (2) denies Bonner's cross-motion for summary judgment. The Clerk of Court is respectfully requested to terminate the motions pending at dockets 41 and 47. As explained above , the Court on July 10, 2023 gave the CIA four weeks to identify additional claims of privilege, under Exemptions 1 and 3, that it asserts, within the scope of the materials that the FBI designated as exempt. See supra note 3. The parties are scheduled soon to submit briefs on those new claims of privilege, as well as a new joint index identifying the redactions, if any, that remain at issue after this decision. The Court will assess the CIA's new claims once fully briefed and issue a supplemental order resolving, to the extent necessary, those claims. (Signed by Judge Paul A. Engelmayer on 8/9/2023) (rro)
9. NYS 1:2022cv03590 — The New York Times Company v. Federal Bureau of Investigation

   • August 9, 2023: OPINION AND ORDER re: [24] CROSS MOTION for Summary Judgment. filed by The New York Times Company, [20] MOTION for Summary Judgment. filed by Federal Bureau of Investigation. For the foregoing reasons, the FBI's motion for summary judgment is DENIED. The New York Times's motion for summary judgment is likewise DENIED. Both motions are denied without prejudice to renewal following the Court's review of the BAU Report. The Clerk of Court is directed to close the motions at ECF Nos. 20 and 24. (Signed by Judge J. Paul Oetken on 8/9/2023) (ate)
10. NYS 1:2023cv03983 — Cheng v. Department of Justice et al

    • August 7, 2023: ORDER: The Court assumes that the next step in this case should be the filing of a summary judgment motion. See, e.g., Bloomberg L.P. v. Bd. of Governors of Fed. Reserve System, 649 F.Supp. 2d 262, 271 (S.D.N.Y. 2009) ("Summary judgment is the p referred procedural vehicle for resolving FOIA disputes."); Families for Freedom v. U.S. Cust. and Border Protec., 797 F. Supp.2d 375, 385 (S.D.N.Y. 2011) ("FOIA cases are generally and most appropriately resolved on motions for summary jud gment."). Accordingly, any motion for summary judgment shall be filed by September 8, 2023. Any opposition shall be filed by October 6, 2023. Any reply shall be filed by October 27, 2023. If either side believes that a summary judgment motion is not the appropriate next step in this case, that party may so state in the letter to the Court and offer a proposal as to the appropriate next step in this case. SO ORDERED., ( Motions due by 9/8/2023., Responses due by 10/6/2023, Replies due by 10/27/2023.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/07/2023) (ama)
11. WAW 2:2020cv01309 — Kinnucan v. National Security Agency et al

    • August 11, 2023: ORDER granting Parties' [70] Stipulated Motion for Extension of Time. The deadline by which Plaintiff must move for attorneys' fees and costs is 10/13/2023. Signed by Judge Marsha J. Pechman. (SB)