FOIA Activity: 11 New Procedural or Substantive Decisions

We have added 11 decisions of a procedural or substantive nature filed between September 17, 2023 and September 23, 2023. These are associated with 10 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. DC 1:2018cv00687 — WRIGHT v. FEDERAL BUREAU OF INVESTIGATION

   • September 19, 2023: MEMORANDUM AND OPINION re: Defendant's Motion for Summary Judgment, ECF No. 41; Plaintiff's Revised Motion to Conduct Discovery, ECF No. 46; and Plaintiff's Renewed Motion to Conduct Limited Discovery, ECF No. 42. Signed by Judge Tanya S. Chutkan on 09/19/2023. (lcc)
2. DC 1:2019cv01580 — BAKAJ v. DEPARTMENT OF HOMELAND SECURITY

   • September 19, 2023: MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 09/19/2023. (lcabj2)
3. DC 1:2021cv00733 — CABLE NEWS NETWORK, INC. v. CENTRAL INTELLIGENCE AGENCY

   • September 19, 2023: MEMORANDUM AND OPINION re: [14] Defendant's Motion for Summary Judgment and [15] Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 9/19/23. (lca)
4. DC 1:2021cv02781 — COLLIER v. KENDALL

   • September 20, 2023: REDACTED MEMORANDUM OPINION re Defendant's [50-1] Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 9/20/2023. (lctnm1)
5. DC 1:2022cv02114 — INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION

   • September 19, 2023: MEMORANDUM OPINION regarding plaintiff's [11] Motion for Summary Judgment and defendant's [15] Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on September 19, 2023. (lcbah4)
6. DC 1:2022cv02849 — PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF LABOR

   • September 21, 2023: MEMORANDUM OPINION in support of [11] Order granting Defendant's [4] Motion to Dismiss or, in the Alternative, for Summary Judgment. See Memorandum Opinion for details. Signed by Judge Timothy J. Kelly on 9/21/2023. (lctjk2)
7. NCW 3:2023cv00423 — Tepe v. Corker et al

   • September 18, 2023: ORDER denying [52] Plaintiff's Motion to Challenge the Qualification of Michael D. Ray, Jill C. Walters, Tonya L. Urps, and Robert Reed Marcus Pursuant to the Local Rule LCvR83.1. Signed by US Magistrate Judge David Keesler on 9/15/23. (Pro se litigant served by US Mail.)(mga)
   • September 18, 2023: REVISED ORDER granting [56] Motion for Extension of Time to Answer. Federal Defendants, as defined in the motion, shall file an answer(s), or otherwise respond to Plaintiff's Complaint, on or before 10/26/2023. Signed by US Magistrate Judge David Keesler on 9/18/2023. (Pro se litigant served by US Mail.)(brl) (brl).
8. NYS 1:2017cv03956 — Radar Online LLC v. Federal Bureau Of Investigation

   • September 19, 2023: MEMORANDUM OPINION & ORDER re: [37] MOTION for Summary Judgment. filed by Federal Bureau Of Investigation, [42] MOTION for Summary Judgment. filed by James Robertson, Radar Online LLC. For the reasons stated above, D efendant's motion for summary judgment is granted with respect to documents withheld pursuant to Exemption 3 (as it relates to the Child Victims' Act) and Exemptions 5, 6, 7(C), 7(D) (as to information provided by local law enforcement ag encies), and 7(E), and is otherwise denied without prejudice. Plaintiffs' cross-motion for summary judgment is granted to the extent that this Court has found that the Government's declarations are inadequate to support application of cert ain FOIA exemptions. Plaintiffs' summary judgment is otherwise denied without prejudice. The parties shall confer and submit a joint letter by October 6, 2023, stating how they propose to proceed. The parties' letter should contain a prop osed schedule for the FBI's submission of revised declarations, as well as any renewed motions for summary judgment. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 37, 42). (Signed by Judge Paul G. Gardephe on 9/19/2023) (ate)
9. OHS 3:2023cv00273 — Tyson v. Ellis

   • September 22, 2023: ORDER – Accordingly, Plaintiff is ORDER to submit a supplemental affidavit in support of his Motion on or before October 13, 2023 that clarifies the status of his financial condition, including the total amount in liquid assest he possesses along with the amounts of income he receives and liabilities he pays on a monthly basis. In the affidavit, Plaintiff must also explain why the one-time payment of the Court's filing fee will render Plaintiff unable to provide for himself. Plaintiff&# 039;s affidavit must be accompanied by the following statement above his signature: I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). 28 U.S.C. § 1746(1). IT IS SO ORDERED. Signed by Magistrate Judge Peter B. Silvain, Jr on 9/22/2023. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
10. WAW 2:2021cv01166 — Stepien v. Spinrad et al

    • September 19, 2023: ORDER granting Parties' [39] Joint Stipulated MOTION to Renote Cross-Motion Briefing Schedule. Defendants' Cross-Motion and Opposition to Plaintiff's Motion due by 9/20/2023, Plaintiff's Joint Reply in Support of Plaintiff's Motion and Opposition to Defendant's Cross Motion due by 10/4/2023, Defendants' Reply in Support of Defendants' Cross Motion due by 10/18/2023. Signed by Hon. S. Kate Vaughan. (SB)