FOIA Activity: 7 New Procedural or Substantive Decisions

We have added 7 decisions of a procedural or substantive nature filed between January 28, 2024 and February 3, 2024. These are associated with 5 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. AK 3:2023cv00124 — Basey v. Reardon et al

   • February 2, 2024: ORDER OF DISMISSAL : Plaintiff's motion for reconsideration at Docket [9] is DENIED. This case is DISMISSED as frivolous. This dismissal counts as a STRIKE under 28 U.S.C. § 1915(g). Plaintiff's motions at Dockets [10] and [11] are DENIED as moot. Signed by Judge Joshua M. Kindred on 2/2/2024. (ANM, COURT STAFF)
2. DC 1:2023cv00816 — WEBB v. META PLATFORMS, INC. et al

   • February 1, 2024: ORDER granting defendants [30] Meta Platforms, Inc. and [43] Office of Management and Budget's Motions to Dismiss. The plaintiff may file a second amended complaint, effect service on defendant Office of Management and Budget, and file proof of service with the Court within thirty (30) days of this order; otherwise, the Court will dismiss this case. See text for details. Signed by Judge Dabney L. Friedrich on February 1, 2024. (lcdlf1)
3. NYS 1:2022cv03590 — The New York Times Company v. Federal Bureau of Investigation

   • January 29, 2024: OPINION AND ORDER. For the foregoing reasons, the FBI's motion for summary judgment is GRANTED in part and DENIED in part. The New York Times's motion for summary judgment is likewise GRANTED in part and DENIED in part. The FBI is direct ed to produce a copy of the Report with redactions consistent with this Opinion and Order within 21 days. The Clerk of Court is directed to enter judgment and mark this case as closed. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/29/24) (yv) Transmission to Orders and Judgments Clerk for processing.
   • January 29, 2024: CLERK'S JUDGMENT re: [44] Memorandum & Opinion in favor of Federal Bureau of Investigation, The New York Times Company against Federal Bureau of Investigation, The New York Times Company. It is hereby ORDERED, ADJUDGED AND DECREED: That fo r the reasons stated in the Court's Opinion and Order dated January 29, 2024, the FBI's motion for summary judgment is GRANTED in part and DENIED in part. The New York Times's motion for summary judgment is likewise GRANTED in part and DENIED in part; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/29/2024) (Attachments: # 1 Appeal Package) (km)
4. NYS 1:2023cv07003 — CBS Broadcasting Inc. v. U.S. Department of Justice et al

   • January 31, 2024: ORDER: A pre-trial conference in this matter to discuss the parties' recent status letter (Docket # 24) is scheduled for February 6, 2024 at 11:15 a.m. in Courtroom 519, United States Courthouse, 40 Centre Street, New York, New York, 10007. Th is conference is the only matter scheduled for this date and time. The parties must plan to arrive early so as to ensure that the conference begins on time. Upon receipt of this order each party is directed to ensure that all other parties on the c ase are aware of the conference date and time. In accordance with paragraph 1. F of this Court's Individual Practices (available at: https://nysd.uscourts.gov/hon-gabriel-w-gorenstein), any requests for an adjournment must be made in writing as soon as the need to adjourn is known. Prior to making such a request, the party should contact Chambers at (212) 805-4260 to determine an alternative date for which the Court is available for a rescheduled conference. The written application f or an adjournment must include a statement as to all other parties' positions on the change in conference date and must propose an alternative date, as provided by Chambers, to which all parties are agreeable. SO ORDERED. ( Pretrial Conference set for 2/6/2024 at 11:15 AM in Courtroom 519, 40 Centre Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/31/2024) (tg)
   • February 1, 2024: ORDER: granting [27] Letter Motion to Adjourn Conference. Conference adjourned to February 13, 2024, at 3:30 p.m. in Courtroom 519. Please note change of time from what was requested in this letter. SO ORDERED. Pretrial Conference set for 2/13/2024 at 03:30 PM in Courtroom 519, 40 Centre Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/01/2024) (ama)
5. NYS 1:2024cv00601 — Intercept Media, Inc. v. United States Air Force et al

   • January 31, 2024: ORDER: This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. IT IS HEREBY ORDERED that, within sixty (60) days of service of the summons and complaint, the parties must meet and confer in a good-faith att empt to settle this action. If the parties do not reach a settlement within this timeframe, the parties shall file a joint letter with the Court either: (1) requesting additional time to confer to reach a resolution; or (2) indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. This letter shall be filed within seventy (70) days of service of the summons and complaint. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 1/31/2024) (tg)