FOIA Activity: 10 New Procedural or Substantive Decisions

We have added 10 decisions of a procedural or substantive nature filed between September 3, 2023 and September 9, 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. CAE 2:2023cv00423 — (PS) Rossington et al v. Mountain Circle Family Service, Inc., et al

   • September 7, 2023: ORDER signed by Magistrate Judge Dennis M. Cota on 09/07/23 VACATING [60] Findings and Recommendations as having been issued in error to the extent the Court declined to accept [31] Plaintiffs' 04/10/23 Notice of Voluntary Dismissal; ACCEPTING [31] Plaintiffs' 04/10/23 Notice of Voluntary Dismissal and DISMISSING this action in its entirety with prejudice per Plaintiffs' Notice, nunc pro tunc to 04/10/23; VACATING [60] 07/05/23 Findings and Recommendations; DENYING AS MOOT [36] Motion to Strike, [38] Motion to Remand and [45] Motion to Dismiss. The Court retains jurisdiction to determine an award of expenses and costs due to Defendant Berry; Berry shall file a brief within 30 days, Plaintiffs may file an opposition within 30 days thereafter, Berry may file a reply within 14 days thereafter. CASE CLOSED (Benson, A.)
2. CAN 4:2022cv07772 — National Bail Fund Network et al v. Immigration & Customs Enforcement et al

   • September 8, 2023: SCHEDULING ORDER: Amended Pleadings due by 10/13/2023; Motions due by 10/20/2023 ; Responses/Cross Motions due by 11/17/2023; Replies/Responses due by 12/1/2023; Replies due by 12/8/2023; and Motion Hearing set for 12/14/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 9/8/2023. (ndr, COURT STAFF) (Filed on 9/8/2023)
3. DC 1:2019cv03135 — GUN OWNERS OF AMERICA, INC v. UNITED STATES DEPARTMENT OF JUSTICE

   • September 8, 2023: MEMORANDUM OPINION re [32] Motion for Summary Judgment, [33] Cross Motion for Summary Judgment and Motion for Discovery. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 9/8/2023. (lctnm2)
4. DC 1:2021cv03030 — AMERICAN OVERSIGHT v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al

   • September 5, 2023: MEMORANDUM OPINION re the Defendants' [21] and Plaintiff's [24] and [25] Motions for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 9/5/2023. (lctnm1)
5. LAW 1:2022cv01032 — Bermudez v. U S Dept of Justice Executive Office for Immigration Review

   • September 6, 2023: JUDGMENT adopting [14] Report and Recommendations; denying as moot [5] Motion for Summary Judgment. IT IS FURTHER ORDERED that this suit be DISMISSED, as all claims are now moot. Signed by Judge Robert R Summerhays on 9/6/2023. (crt,Taylor, L)
6. NCW 1:2023cv00069 — Thompson v. U.S. Justice Department

   • September 7, 2023: ORDER granting in part and denying in part [26] Motion to Stay. To the extent the Motion seeks a stay of this matter in its entirety, the request is DENIED. However, to the extent the Motion seeks an extension of the deadlin e for Defendant to answer Plaintiff's Complaint, the Motion is GRANTED IN PART, and Defendant's answer deadline is EXTENDED through and including 10/6/2023. Signed by US Magistrate Judge W. Carleton Metcalf on 9/7/2023. (Pro se litigant served by US Mail.) (slm)
7. NCW 3:2023cv00423 — Tepe v. Corker et al

   • September 8, 2023: ORDER denying [40] Pro Se Plaintiff's Motion To Challenge Jurisdiction Of This Court When The Process Services Are Not Yet Completed. Signed by US Magistrate Judge David Keesler on 9/8/23. (Pro se litigant served by US Mail.)(mga)
   • September 8, 2023: ORDER denying [41] Pro Se Plaintiff's Motion For An Order Of Prohibition Against The Law Firm Baker Donelson Bearman Caldwell & Berkowitz P.C., And Motion To Strike Defendants Baker Donelson Bearman Caldwell & Berkowitz P.C., Derek Wayne Mullins, Justin Michael Sveadas, Truist Financial Corporation's Motion For Time Extension re: [1] Complaint. Signed by US Magistrate Judge David Keesler on 9/8/23. (Pro se litigant served by US Mail.)(mga)
8. NYS 1:2023cv06286 — American Civil Liberties Union Foundation v. United States Immigration and Customs Enforcement et al

   • September 5, 2023: ORDER The parties are directed to submit a Rule 26(f) report by September 15, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 9/4/2023) (jca)
9. WVN 1:2023cv00018 — Horton v. National Instant Criminal Background Check System

   • September 7, 2023: ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION [ECF NO. [23] ] AND DISMISSING CASE WITHOUT PREJUDICE. The Court ADOPTS IN PART AND REJECTS IN PART the R&R [ECF No. [23] ], DENIES Plaintiffs Default Judgment and Declaratory J udgment [ECF No. [15] ], GRANTS NICSs Motion to Dismiss [ECF No. [17] ], DENIES Plaintiffs Cross Motion [ECF No. 21], and DISMISSES WITHOUT PREJUDICE. Signed by Chief District Judge Thomas S Kleeh on 9/7/2023. (jb) (Copy to Pro Se Plaintiff by CM:RRR) (Additional attachment(s) added on 9/7/2023: # 1 Certified Mail Return Receipt) (jb).