FOIA Activity: 11 New Procedural or Substantive Decisions

We have added 11 decisions of a procedural or substantive nature filed between January 15, 2017 and January 21, 2017. These are associated with 10 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 1:1987cv03349 — OGLESBY, et al v. ARMY, et al

   • January 18, 2017: MEMORANDUM OPINION regarding [347] ORDER GRANTING Defendants' [327] Renewed Motion for Summary Judgment and DENYING Plaintiffs' [330] Renewed Motion for Partial Summary Judgment and Other Relief. Signed by Judge Colleen Kollar-Kotelly on 1/18/2017. (lcckk3)
2. DC 1:2015cv01314 — CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF ENERGY

   • January 17, 2017: MEMORANDUM OPINION AND ORDER granting in part and denying in part [22] and [26] Defendant's Motions for Summary Judgment and denying in part [30] Plaintiff's Cross-Motion for Summary Judgment. Please see the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 01/17/2017. (lcapm2) (Main Document 37 replaced on 1/17/2017) (zcdw).
3. DC 1:2015cv02249 — HUNTINGTON v. U.S. DEPARTMENT OF COMMERCE

   • January 18, 2017: MEMORANDUM OPINION re [19] Order on [11] , [14] Cross-Motions for Summary Judgment. Signed by Judge James E. Boasberg on 1/18/2017. (lcjeb3)
4. DC 1:2016cv00943 — BUHOLTZ v. UNITED STATES MARSHALS SERVICE et al

   • January 16, 2017: MEMORANDUM OPINION re: [5] Defendant Donnie Foster's Motion to Dismiss and [7] Defendant United States Marshals Service's Motion for Summary Judgment. See attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 01/16/2017. (lcapm3)
5. NYE 1:2015cv02627 — Flores v. United States Department of Justice

   • January 18, 2017: ORDER: Accordingly, the Court grants defendant's motion for summary judgment and denies plaintiff's cross-motion for summary judgment and cross-motion for sanctions and penalties. The Clerk of Court is directed to close this case. SO Ordered by Judge Joan M. Azrack on 1/18/2017. (Tirado, Chelsea)
6. NYS 1:2004cv04151 — American Civil Liberties Union et al v. Department of Defense et al

   • January 18, 2017: ORDER AND OPINION GRANTING SUMMARY JUDGMENT TO PLAINTIFF re: [568] CROSS MOTION for Summary Judgment filed by Veterans for Peace, Veterans for Common Sense, Physicians for Human Rights, American Civil Liberties Union, Center for Constitutional Rights, Inc., [564] EIGHTH MOTION for Summary Judgment filed by Department of Defense, Department of the Army. For the foregoing reasons, plaintiffs' motion is granted and the Government's motion is denied. (Signed by Judge Alvin K. Hellerstein on 1/18/2017) (cla)
7. NYS 1:2015cv09002 — American Civil Liberties Union et al v. Department of Justice of The United States et al

   • January 18, 2017: MEMORANDUM AND ORDER granting [18] Motion for Summary Judgment; denying [26] Motion for Summary Judgment. "Recognizing the relative competencies of the executive and judiciary,…it is bad law and bad policy to 'second-guess the p redictive judgments made by the government's intelligence agencies' regarding questions such as whether disclosure of [classified] records would pose a threat to national security." Wilner, 592 F.3d at 76 (quoting Larson, 565 F.3d a t 865 (D.C. Cir. 2009)). As set forth above, the Court finds that the government properly withheld the Memorandum under Exemptions 1 and 3. Therefore, defendants' motion for summary judgment is GRANTED and plaintiffs' cross-motion for summary judgment is DENIED. (As further set forth in this Memorandum and Order.). (Signed by Judge P. Kevin Castel on 1/18/2017) (mro)
8. OHS 3:2016cv00095 — Jarrell v. McDonald et., al.

   • January 18, 2017: REPORT AND RECOMMENDATIONS (1) [10] DEFENDANTS' MOTION TO DISMISS be DENIED, in part, as to Plaintiff's Claim #1; and GRANTED in remaining part; and (2) Defendants United States Attorney and United States Attorney General be dismissed as parties to this case. Objections to R&R due by 2/1/2017. Signed by Magistrate Judge Sharon L. Ovington on 1-18-17. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
9. PAE 2:2016cv00945 — HETZNECKER v. NATIONAL SECURITY AGENCY et al

   • January 20, 2017: MEMORANDUM AND/OR OPINION.SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/20/17.1/20/17 ENTERED AND COPIES E-MAILED.(kw, ) (kw, )
   • January 20, 2017: ORDER THAT DEFT'S MOTION FOR RECONSIDERATION IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/20/17.1/20/17 ENTERED AND COPIES E-MAILED.(kw, )
10. WAW 2:2016cv00889 — United States of America v. City of Seattle et al

    • January 17, 2017: ORDER granting govt's [16] Motion for Summary Judgment by Judge Richard A Jones.(RS)