FOIA Activity: 8 New Procedural or Substantive Decisions

We have added 8 decisions of a procedural or substantive nature filed between March 10, 2024 and March 16, 2024. These are associated with 8 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 1:2021cv03118 — CENTER FOR INQUIRY, INC. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al

   • March 14, 2024: MEMORANDUM OPINION re. Order [48] on Cross-Motions for Summary Judgment. Signed by Chief Judge James E. Boasberg on 3/14/2024. (lcjeb3)
2. DC 1:2022cv03414 — INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION

   • March 13, 2024: MEMORANDUM OPINION AND ORDER granting in part and denying in part [13] Defendant's Motion for Summary Judgment. The parties are directed to file a joint status report, by March 27, 2024, indicating the need for further proceedings with a proposed schedule as necessary. See full Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 3/13/2024. (lccrc3)
3. DC 1:2023cv00089 — DELGADO v. UNITED STATES DEPARTMENT OF JUSTICE et al

   • March 11, 2024: MEMORANDUM OPINION re: [15] Plaintiff's Motion for Summary Judgment and [21] Defendants' Cross-Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 3/11/24. (lcapm2) (Main Document 28 replaced on 3/12/2024) (zsmc).
4. DC 1:2023cv01328 — WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS v. UNITED STATES DEPARTMENT OF JUSTICE

   • March 10, 2024: MEMORANDUM OPINION regarding the defendant's [14] Partial Motion to Dismiss or, in the Alternative, For Partial Summary Judgment. Signed by Judge Beryl A. Howell on March 10, 2024. (lcbah2)
5. NYS 1:2021cv04702 — Bal v. U.S. Department of the Treasury

   • March 13, 2024: ORDER granting [69] Motion for Reconsideration re [69] FIRST MOTION for Reconsideration re; [67] Memorandum & Opinion,,,. filed by John Bal, [78] LETTER MOTION to Compel OFAC and Fields to Produce Court Ordered "D etailed Explanation" for redaction of records requested by plaintiff pursuant to FOIA addressed to Magistrate Judge Ona T. Wang from John Bal dated 1-26-24. filed by John Bal, [79] MOTION for Default Judgment as to defendants B ishop, Prince, and Fields. filed by John Bal ; denying [78] Letter Motion to Compel; denying [79] Motion for Default Judgment The Court is in receipt of Defendants' letter at ECF 80. Plaintiff's motion for leave to file a motion fo r reconsideration (ECF 69) is GRANTED. Plaintiff is directed to file his motion for reconsideration by Friday, April 19, 2024. Defendants are directed to file their response, if any, by Friday, May 17, 2024. Plaintiff is directed to file his reply , if any, by Friday, June 28, 2024. The Court adopts Defendants' proposed briefing schedule for cross-motions for summary judgment. (ECF 80 at 2). Defendants are directed to file their motion for summary judgment by April 19, 2024. Plaintiff i s directed to file his cross-motion for summary judgment and opposition to Defendants' motion by June 7, 2024. Defendants are directed to file their reply to Plaintiff's opposition and their opposition to Plaintiff's cross-motion by June 28, 2024. Plaintiff is directed to file his reply to Defendants' opposition by July 26, 2024. The Court is also in receipt of Plaintiff's letter motion for civil contempt (ECF 78) and motion for default judgment (ECF 79). Plaintiff s letter motion for civil contempt is DENIED. Plaintiff's bare assertion that the "detailed explanation" provided by Defendants in their January 12, 2024 letter did not comply with the Court's December 6, 2023 Order (ECF 76) is insufficient to merit a finding of civil contempt. Moreover, I have reviewed the letter sent to Plaintiff by the Defendants on January 12, 2024 (ECF 80-1), which Plaintiff did not attach to his motion, and find that the Defendants' explanatio n was both detailed and thorough. Plaintiff's motion for default judgment against Defendants Bishop, Prince, and Fields is also DENIED. The Court's October 5, 2023 Opinion & Order (ECF 67) dismissed all claims against the Defendants excep t for Plaintiff's FOIA claims "only to the extent that Plaintiff seeks to challenge OFAC's redactions of the records produced." (ECF 67 at 8). There are no longer any pending claims against these three individual Defendants on w hich default judgment may be granted. Additionally, Plaintiff has not complied with Rule 55 of the Federal Rules of Civil Procedure and Local Rules 55.1 and 55.2 by requesting and obtaining a Clerk's certificate of default prior to filing a motion for default judgment. The Clerk of Court is respectfully directed to close ECF Nos. 69, 78, and 79. (Signed by Magistrate Judge Ona T. Wang on 3/13/2024) (rro)
6. NYS 1:2021cv08440 — Project South et al v. United States Immigration and Customs Enforcement et al

   • March 12, 2024: OPINION re: [66] MOTION for Summary Judgment. filed by Center for Constitutional Rights, Project South, [61] MOTION for Summary Judgment. filed by United States Immigration and Customs Enforcement, United States Citi zenship and Immigration Services, United States Department of State, United States Department of Justice Executive Office for Immigration Review, United States Department of Homeland Security. For the foregoing reasons, the Court concludes tha t State proved that it conducted an adequate search, and ICE and DHS failed to prove as a matter of law that they conducted an adequate search. State's motion for partial summary judgment is GRANTED and Plaintiffs' cross motion for partia l summary judgment is DENIED. ICE's motion for partial summary judgment is DENIED and Plaintiffs' cross motion for partial summary judgment is GRANTED. ICE must conduct new searches. The parties should meet and confer regarding a search of (1) OPLA, (2) ICE Attach for Cameroon, and (3) ERO's Removal Division of special high risk charter flights (SHRC), and submit a joint status report regarding the proposed search and search terms within twenty-one days of this Order. DHS&#03 9;s motion for partial summary judgment is DENIED and Plaintiffs' cross motion for partial summary judgment is GRANTED. DHS must conduct new searches. The parties should meet and confer regarding a search of PLCY custodians, and submit a join t status report regarding the proposed search and search terms within twenty-one days of this Order. The Court also finds that ICE properly withheld documents pursuant to Exemption 5, 6, and 7(e); State did not properly withhold documents pursuant to Exemptions 3 and 5. ICE's motion for partial summary judgment pursuant to Exemptions 5, 6, and 7(e) is GRANTED and Plaintiffs' cross motion for partial summary judgment is DENIED. State's motion for partial summary judgment pursuan t to Exemption 5 is DENIED and Plaintiffs' cross motion for partial summary judgment is GRANTED. State is directed to submit the records withheld under Exemption 5 to the Court for in camera inspection. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/12/2024) (tg)
7. NYS 1:2023cv07003 — CBS Broadcasting Inc. v. U.S. Department of Justice et al

   • March 12, 2024: ORDER granting [31] Letter Motion to Adjourn Conference. The conference is adjourned to May 14, 2024, at 4:00 p.m. SO ORDERED. Status Conference set for 5/14/2024 at 04:00 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 3/12/2024) (jca)
8. NYS 1:2023cv09363 — New York Legal Assistance Group v. Social Security Administration

   • March 12, 2024: CONFERENCE ORDER The Court will hold a telephonic conference in this action on March 20, 2024 at 3:00PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED. (Telephone Conference set for 3/20/2024 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 3/12/2024) (jca)