FOIA Activity: 13 New Procedural or Substantive Decisions

We have added 13 decisions of a procedural or substantive nature filed between September 24, 2023 and September 30, 2023. These are associated with 12 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 1:2017cv00189 — STEIN v. CENTRAL INTELLIGENCE AGENCY et al

   • September 29, 2023: MEMORANDUM AND OPINION re: Defendants' [77] Motion for Summary Judgment; Plaintiff's [82] Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 09/29/2023. (lcc)
2. DC 1:2019cv00861 — SARRAS v. DOJ

   • September 27, 2023: MEMORANDUM OPINION AND ORDER granting in part [72] Defendant's Motion for Summary Judgment and denying in part 78 Plaintiff's Cross-Motion for Summary Judgment. The Court also sets the following schedule for supplemental briefing: Defenda nt's supplemental memorandum in support of summary judgment shall be due by November 13, 2023; Plaintiff's response, if any, shall be due by December 13, 2023; and Defendant's reply, if any, shall be due by January 3, 2024. See full Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 9/27/2023. (lccrc3)
3. DC 1:2020cv02484 — CABEZAS v. FEDERAL BUREAU OF PRISONS et al

   • September 28, 2023: MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on September 28, 2023. (lccjn2)
4. DC 1:2020cv02982 — SHTEYNSHLYUGER v. CENTERS FOR MEDICARE AND MEDICAID SERVICES et al

   • September 30, 2023: MEMORANDUM OPINION AND ORDER: For the reasons explained herein, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. [28] , is DENIED, and Plaintiff's cross-motion for summary judgment, Dkt. [31] , is GRANTED in part and D ENIED in part. It is further ORDERED that the parties shall meet and confer and shall submit a joint status report on or before October 31, 2023, proposing a schedule for further proceedings in this case. See document for details. Signed by Judge Randolph D. Moss on 9/30/2023. (lcrdm1)
5. DC 1:2022cv00298 — ENERGY POLICY ADVOCATES v. ENVIRONMENTAL PROTECTION AGENCY

   • September 29, 2023: MEMORANDUM OPINION in support of [24] Order granting Defendant's [16] Motion for Summary Judgment and denying Plaintiff's [21] Motion for Leave to File Sur-Reply Brief. Signed by Judge Timothy J. Kelly on 9/29/2023. (lctjk2)
6. DC 1:2022cv02480 — KHAN et al v. DEPARTMENT OF HOMELAND SECURITY (DHS) et al

   • September 25, 2023: MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' [10] Motion to Dismiss in Part and to Strike Remainder of Complaint. See Memorandum Opinion and Order for details. Signed by Judge Timothy J. Kelly on 9/25/2023. (lctjk2)
7. NCW 3:2023cv00423 — Tepe v. Corker et al

   • September 29, 2023: ORDER denying [72] Motion to Strike/"Opposition To Both Motion To Certify Interlocutory Appeal As Frivolous And To Retain Jurisdiction (ECF No. 54) And Bank Of Americas Response In Support (ECF No. 61) And Motion To Stri ke Both Filings (ECF No. 54 & 61) And Response In Opposition To Bank Of Americas Notice Of No Opposition To Its Motion To Dismiss (ECF No. 62.)." IT IS FURTHER ORDERED that pro se Plaintiff may file a revised response to the pending "Motion to Certify Interlocutory Appeal" (Document No. 54) on or before October 10, 2023. Signed by US Magistrate Judge David Keesler on 9/29/2023. (Pro se litigant served by US Mail.)(brl)
   • September 29, 2023: ORDER denying as moot [73] Motion for Leave to Appear Pro Hac Vice (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 9/29/2023. (Pro se litigant served by US Mail.)(ef) Modified to correct Judge association on 9/29/2023 (ef).
8. NYS 1:2021cv09519 — International Refugee Assistance Project v. United States Department of Homeland Security et al

   • September 27, 2023: ORDER: The parties have advised the Court that a settlement of all claims has been reached. Accordingly, the settlement conference scheduled for October 3, 2023, is ADJOURNED without further date.SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/27/2023) (dsh)
9. NYS 1:2023cv03983 — Cheng v. Department of Justice et al

   • September 28, 2023: MEMO ENDORSEMENT on re: [31] Letter with respect to [28] Letter Motion to Stay. ENDORSEMENT: The Court agrees with Defendants' proposed approach, which is also consistent with Plaintiff's Sept. 19, 2023 letter (Dkt. No. 30). Accordingly , the briefing schedule for Defendants' proposed summary judgment motion is hereby suspended. On or before Oct. 9, 2023, Defendants will file either a stipulation of dismissal or an opposition to Plaintiff's stay motion. Plaintiff will se rve any reply in support of his stay motion by Oct. 30, 2023. The Clerk of Court is directed to send a copy of this Order to the pro se Plaintiff at the following address: No. 05261-509, Federal Medical Center, FMC Rochester, P.O. Box 4000, Rochester, MN 55903. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 9/28/2023) (vfr) Modified on 9/28/2023 (vfr).
10. NYW 1:2019cv00319 — Buckley v. U. S. Department of Justice

    • September 28, 2023: DECISION AND ORDER: Despite Defendant's removal of the application of several FOIA Exemptions from Bates-stamped page 51 listed in the Vaughn Index, page 51 remains partially exempt from disclosure pursuant to other FOIA Exemptions. W ith the entry of this Decision and Order, the only remaining issues to be decided are whether Plaintiff has substantially prevailed in this action and is thus entitled to an award of attorney fees. Plaintiff is thus ORDERED to show he has substantia lly prevailed in this FOIA action and is entitled to an award of costs, including attorney fees, incurred in connection with this action within twenty (20) days of this Decision and Order, after which Defendant shall file any response within ten (10) days. Oral argument shall be at the court's discretion. SO ORDERED. Signed by Hon. Leslie G. Foschio on 9/28/2023. (TAH)
11. TNE 3:2022cv00309 — Perrusquia v. Tennessee Valley Authority (JRG2)

    • September 27, 2023: MEMORANDUM OPINION AND ORDER denying [17] MOTION for Summary Judgment filed by Tennessee Valley Authority granting [20] Cross MOTION for Summary Judgment and RESPONSE to [17] Defendant's Motion for Summary Judgment filed by Jose Marcus Perrusquia. Defendant's Motion for Summary Judgment [Doc. 17] is DENIED and Plaintiff's Cross-Motion for Summary Judgment [Doc. 20] is GRANTED. An appropriate judgment will enter. Signed by District Judge J Ronnie Greer on 9/27/2023. (LCK)
12. WAW 2:2020cv01309 — Kinnucan v. National Security Agency et al

    • September 29, 2023: ORDER granting Parties' [72] Stipulated MOTION to Extend Filing Deadline for Plaintiff's Motion for Fees and Costs. The motion for fees and costs shall be due by 12/12/2023. Signed by Judge Marsha J. Pechman. (SB)