FOIA Activity: 13 New Procedural or Substantive Decisions

We have added 13 decisions of a procedural or substantive nature filed between August 18, 2019 and August 24, 2019. These are associated with 12 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. CAE 2:2019cv00415 — KXTV, LLC v. United States Citizenship and Immigration Services

   • August 23, 2019: ORDER signed by District Judge John A. Mendez on 8/23/19 GRANTING [15] Motion to Intervene, GRANTING Mr. Ameen permission to intervene in this matter. (Coll, A)
2. CAN 3:2019cv00909 — The Center for Investigative Reporting et al v. United States Immigration and Customs Enforcement

   • August 21, 2019: STIPULATION OF SETTLEMENT AND ORDER DISMISSING CASE WITH PREJUDICE. Signed by Chief Magistrate Judge Joseph C. Spero on 8/20/19. (klhS, COURT STAFF) (Filed on 8/21/2019)
3. CAN 4:2019cv02515 — Rivera v. National Nuclear Security Administration et al

   • August 20, 2019: ORDER discharging [15] Order to Show Cause. Signed by Judge Kandis A. Westmore on 8/20/2019. (kawlc1, COURT STAFF) (Filed on 8/20/2019)
4. DC 1:2015cv01431 — SMITH v. CENTRAL INTELLIGENCE AGENCY

   • August 20, 2019: MEMORANDUM OPINION regarding Defendant's second motion [26] for summary judgment. Signed by Judge Tanya S. Chutkan on 8/20/2019. (lctsc1)
5. DC 1:2017cv01677 — PROPERTY OF THE PEOPLE, INC. et al v. OFFICE OF MANAGEMENT AND BUDGET et al

   • August 19, 2019: MEMORANDUM OPINION granting [25] Defendant's Motion for Summary Judgment and denying [27] Plaintiffs' Cross-Motion for Summary Judgment: See document for details. Signed by Judge Rudolph Contreras on August 19, 2019. (lcrc2)
6. MD 8:2017cv03639 — Edokobi v. U.S. Department of Justice et al

   • August 21, 2019: MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 8/19/2019. (heps, Deputy Clerk)
7. MT 9:2018cv00154 — American Civil Liberties Union et al v. Department of Defense et al

   • August 21, 2019: OPINION and ORDER granting in part and denying in part [40] Motion for Summary Judgment, [45] Motion for Partial Summary Judgment. Signed by Judge Donald W. Molloy on 8/21/2019. (NOS)
   • August 21, 2019: CLERK'S JUDGMENT. (NOS)
8. NYS 1:2018cv02296 — Everytown for Gun Safety Support Fund v. Bureau of Alcohol, Tobacco, Firearms, and Explosives

   • August 19, 2019: OPINION & ORDER re: [29] CROSS MOTION for Summary Judgment. filed by Everytown for Gun Safety Support Fund, [17] MOTION for Summary Judgment. filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. For the foregoin g reasons, ATF's motion for summary judgment is DENIED, and Everytown's motion for summary judgment is GRANTED. The ATF is hereby ordered to produce the requested records. The Clerk of Court is respectfully requested to enter judgment and close this case. This resolves Dkt. Nos. 17 and 29. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/19/2019) (kv) Transmission to Orders and Judgments Clerk for processing.
9. NYS 1:2018cv11227 — Natural Resources Defense Council et al v. United States Environmental Protection Agency

   • August 22, 2019: OPINION AND ORDER re: [46] CROSS MOTION for Summary Judgment; [39] MOTION for Summary Judgment: For the reasons discussed above, the Court holds that the EPA's declarations are facially adequate to justify withholding OMEGA v.1.4.59 purs uant to Exemption 5. Thus, summary judgment in favor of plaintiffs is not warranted. See Osen, 375 F. Supp. 3d at 418. Moreover, discovery is not warranted because plaintiffs have not made a showing of bad faith or presented tangible evidence contrar y to the EPA's declarations to overcome the EPA's presumption of good faith. See Carney, 19 F.3d at 812 ("In order to justify discovery once the agency has satisfied its burden, the plaintiff must make a showing of bad faith… or prov ide some tangible evidence that an exemption claimed by the agency should not apply or summary judgment is otherwise inappropriate."); Wilner, 592 F.3d at 73 (requiring that agency declarations "are not controverted by either contrary evide nce in the record nor by evidence of agency bad faith."). The Court accordingly holds that the EPA properly withheld OMEGA v.1.4.59 under FOIA Exemption 5. Defendant's cross-motion for summary judgment (Doc. 46) is GRANTED and plaintiffs' motion for summary judgment (Doc. 39) is DENIED. (Signed by Judge P. Kevin Castel on 8/22/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
10. TXN 3:2018cv01018 — Brewer v. United States Department of Justice et al

    • August 21, 2019: ORDER ACCEPTING [57] FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Defendants' [43] Motion for Summary Judgment is GRANTED, and the Plaintiff's [49] Combined Cross-Motion for Partial Summary Judgement and Opposition to the Defendants' Motion for Summary Judgement is DENIED. (Ordered by Judge Jane J. Boyle on 8/21/2019) (mla)
11. WAW 2:2019cv00887 — Northwest Environmental Advocates v. United States Environmental Protection Agency

    • August 20, 2019: ORDER re Parties' [12] Stipulation for Extension of Deadlines: Initial Disclosure Deadline is 8/23/2019, Joint Status Report due by 8/30/2019. Signed by Judge Robert S. Lasnik. (MW)
12. WAW 2:2019cv01041 — Citizens of the Ebey's Reserve for a Healthy, Safe and Peaceful Environment et al v. United States Department of the Navy

    • August 21, 2019: ORDER granting parties' [12] Stipulated Motion for Extension of Responsive Pleading Deadline. Any responsive pleading deadline is extended until August 30, 2019. Signed by Judge Marsha J. Pechman. (PM)