FOIA Activity: 9 New Procedural or Substantive Decisions

We have added 9 decisions of a procedural or substantive nature filed between December 3, 2023 and December 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. CAN 3:2023cv03110 — Cauich Castillo v. U.S. Customs and Border Protection

   • December 8, 2023: STIPULATION AND ORDER RE [20] To Modify Briefing Schedule. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/rs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting o f court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Signed by Chief Judge Richard Seeborg on 12/8/2023. (cl, COURT STAFF) (Filed on 12/8/2023)
2. CAS 3:2023cv00912 — Cohen v. United States Coast Guard

   • December 4, 2023: ORDER denying Defendant's Motion for Summary Judgment and dismissing case as moot. Signed by Chief District Judge Dana M. Sabraw on 12/04/2023. (All non-registered users served via U.S. Mail Service)(jpp)
3. CAS 3:2023cv00913 — Cohen v. Federal Aviation Administration

   • December 4, 2023: ORDER denying Defendant's Motion for Summary Judgment and dismissing case as moot. Signed by Chief District Judge Dana M. Sabraw on 12/04/2023. (All non-registered users served via U.S. Mail Service)(jpp)
4. DC 1:2022cv02459 — MUSTAFA CHOHAN v. U.S. DEPARTMENT OF STATE

   • December 5, 2023: MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Royce C. Lamberth on 12/5/2023. (psu1)
5. NYS 1:2019cv11131 — National Immigrant Justice Center et al v. Immigration and Customs Enforcement et al

   • December 5, 2023: ORDER The Court held a status conference on December 5, 2023. Pursuant to instructions given on the record at the conference, Defendants shall inform Plaintiffs, by December 22, 2023, whether Defendants will run the narrower test searches for add itional documents as discussed at the conference. Defendants are further directed to produce to Plaintiffs, no later than January 19, 2024, the second batch of previously produced documents. The parties are directed to file a joint status letter updating the Court on this matter on Friday, February 2, 2024. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/5/2023) (jca)
6. NYS 1:2021cv04024 — First Look Institute, Inc. et al v. National Institutes of Health

   • December 8, 2023: ORDER: On December 7, 2023, the parties filed a stipulation and proposed order of settlement and dismissal. Dkt. No. 75. The Court will hold a conference with respect to this matter by telephone on December 15, 2023 at 4:00 p.m. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Courts website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Individual Rules. SO ORDERED. ( Telephone Conference set for 12/15/2023 at 04:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/8/2023) (tg)
7. NYS 1:2023cv01529 — Reclaim the Records et al v. United States Department of State

   • December 5, 2023: ORDER granting [24] Letter Motion for Extension of Time to File. Application GRANTED. The Government's Motion for Summary Judgment must be filed no later than January 21, 2024. Plaintiff's opposition must be filed no later than February 20, 2024, and the Government's reply is due March 5, 2024. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/5/2023) (tg)
8. NYS 1:2023cv08243 — Torres v. U.S. Department of Justice

   • December 5, 2023: ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Court consolidates the actions filed under docket numbers 23-CV-4810 and 23-CV-8243, filed in forma pauperis under 28 U.S.C. § 1915(a)(1), and dismisses the consolidated action for failure to state a claim upon which relief may be granted, 28 U.S.C. § 1915(e)(2)(B)(ii), with 30 days' leave to replead in the 23-CV-4810 action.The Court directs the Clerk of Court to terminate action number 23-CV-8243 and to hold open action under docket number 23-CV-4810, until further notice from the Court.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 forma 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 12/5/2023) (mml)
9. NYW 1:2019cv00597 — Kuzma v. U. S. Department of Justice

   • December 6, 2023: DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's [46] Report and Recommendation. For the reasons set forth in the Report and Recommendation Defendant's [36] motion for summary judgment is granted in part and denied in part. The matter is recommitted to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/6/2023. (LAS)