FOIA Activity: 4 New Procedural or Substantive Decisions

We have added 4 decisions of a procedural or substantive nature filed between November 5, 2023 and November 11, 2023. These are associated with 4 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 1:2020cv02315 — SCHAEFER v. UNITED STATES POSTAL SERVICE

   • November 7, 2023: MEMORANDUM OPINION. The court will dismiss this case without prejudice for failure to prosecute. Signed by Judge Tanya S. Chutkan on 11/07/23. (lce)
2. MN 0:2021cv01148 — Contreras & Metelska, P.A. v. U.S. Immigration & Customs Enforcement (ICE) et al

   • November 6, 2023: MEMORANDUM OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT granting [34] and denying [39] (Written Opinion) Signed by Judge John R. Tunheim on 11/6/2023. (KKM)
3. NYS 1:2022cv01539 — The New York Times Company et al v. United States Department of Justice

   • November 6, 2023: MEMORANDUM ORDER granting [32] Motion for Reconsideration re [32] MOTION for Reconsideration re; [29] Order on Motion for Summary Judgment in part. filed by United States Department of Justice. For the reasons described abov e, the Government's motion for partial reconsideration, Dkt. 32, is hereby granted. Plaintiffs also requests that the deadline to file any motion for attorney's fees be extended until after all appeals have been exhausted, so that plaintif fs may file one, consolidated fee application. See Dkt. 35, at 6-7. That motion is hereby granted. The parties are directed to jointly call in to chambers within 14 days of the exhaustion of all rights of appeal to set a briefing schedule for any such fees motion. (Signed by Judge Jed S. Rakoff on 11/6/2023) (ate)
4. NYS 1:2023cv09542 — Sweigert v. U.S. National Institute of Health et al

   • November 7, 2023: TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the District of Columbia. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, pursuant to 28 U.S.C § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in fo rma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/7/2023) (ks) Transmission to Office of the Clerk of Court for processing.