FOIA Activity: 8 New Procedural or Substantive Decisions

We have added 8 decisions of a procedural or substantive nature filed between December 8, 2019 and December 14, 2019. These are associated with 7 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 4:2019cv01843 — The Center for Investigative Reporting et al v. U.S. Department of Labor

   • December 10, 2019: ORDER by Judge Kandis A. Westmore denying Defendant's [24] Motion for Summary Judgment; granting Plaintiffs' [29] Cross-Motion for Summary Judgment. (kawlc1, COURT STAFF) (Filed on 12/10/2019)
2. NYE 1:2017cv05363 — Makuhari Media LLC et al v. Federal Bureau Of Investigation

   • December 13, 2019: ORDER ADOPTING REPORT AND RECOMMENDATIONS: Adopting Report and Recommendations [67] without objection and without qualification. Application denied [62] Motion to Compel. SO Ordered by Judge Raymond J. Dearie on 12/13/2019. (Tavarez, Jennifer)
3. NYS 1:2017cv05928 — Natural Resources Defense Council v. U.S. Environmental Protection Agency

   • December 11, 2019: ORDER, A status conference in this case will be held on Friday, December 13, 2019, at 9:30 a.m. in Courtroom 11B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 1007 (note that this is NOT the undersigneds us ual courtroom or courthouse). Counsel should be prepared to discuss their proposals for how to proceed in this litigation. See ECF Nos. 74, 75. SO ORDERED. (Status Conference set for 12/13/2019 at 09:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/11/19) (yv)
   • December 13, 2019: ORDER: As discussed on the record during the conference held today, it is hereby ORDERED that: No later than December 19, 2019, the EPA shall disclose the five records that the Court found, after in camera review, must be disclosed in full. ECF No. 57 ("August 30 Order") at 32-33. By the same date, the EPA shall also disclose the portions of the four records that the Court found must be disclosed in part. Id. No later than December 19, 2019, the EPA shall review the five records referenced in footnote 11 of the August 30 Order and disclose all reasonably segregable, non-exempt information. No later than January 20, 2020, the EPA shall review the 165 records listed in Exhibit 3 of the NRDC's December 9, 2019 letter, a nd, by the same date, shall notify NRDC whether it agrees with the categorizations in NRDC's December 9, 2019 letter. See ECF No. 74, at 4 & Ex. 3. No later than January 27, 2020, the parties shall file a joint letter indicating their agreemen t or disagreement regarding categorization of those records and, to the extent the parties disagree, proposed next steps. Further, unless and until the Court orders otherwise, no later than February 19, 2020, the EPA shall complete its review and production (as appropriate) of those 165 documents. No later than January 31, 2020, the EPA shall review the sixty-four records in the Vaughn index withheld under the deliberative process privilege for reasonably segregable, non-exempt information. See ECF No. 74, at 3. Finally, no later than January 31, 2020, the EPA is ORDERED to produce to the NRDC the twenty-eight records that the Court found were improperly withheld on the basis of the deliberative process privilege. See August 30, 2019 Order 37-39; ECF No. 74, at 2; ECF No. 75, at 2. The EPA shall advise the Court if it believes that entry of a partial judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure is appropriate. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/13/2019) (jca)
4. NYS 1:2019cv01574 — The Innocence Project, Inc. v. National Museum of Health and Medicine et al

   • December 12, 2019: ORDER granting [48] Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/11/2019) (va)
5. NYS 1:2019cv04024 — State Of New York et al v. United States Department of the Treasury et al

   • December 13, 2019: ORDER terminating [23] Motion for Summary Judgment. As discussed on the record at the conference held earlier today, no later than January 13, 2020, Defendants shall complete the review and production (as appropriate) of the following priority doc uments: the 35 external e-mails; the 1 document sent to the White House and/or OMB; and 100 of the 320 documents relating to outside speeches and remarks. The remaining documents relating to outside speeches and remarks shall be reviewed and prod uced (as appropriate) on a rolling basis thereafter. By that same date, the parties shall submit a joint letter indicating (1) the status of production as of that date; (2) a joint proposal (or competing proposals) regarding search terms and the re view/production of any remaining documents; and (3) what further steps, if any, the Court should take to help the parties resolve any outstanding issues. The Clerk of Court is directed to terminate ECF No. 23. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/13/19) (yv)
6. UT 2:2017cv00699 — Williams v. US Department of Justice

   • December 9, 2019: MEMORANDUM DECISION AND ORDER granting in part and denying in part [30] Motion for Summary Judgment ; granting in part and denying in part [35] Motion for Summary Judgment. See Order for Details. Signed by Judge Ted Stewart on 12/9/2019. (las)
7. WAW 2:2018cv01635 — Withey et al v. Federal Bureau of Investigation (FBI)

   • December 12, 2019: MINUTE ORDER granting parties' [41] Stipulated Motion for entry of a proposed scheduling order. Defendant must file its reply in support of its motion for a protective order (Dkt. No. [29] ) by December 20, 2019. The Clerk is DIRECTED to re-no te the motion for December 20, 2019. In support of Plaintiffs' partial motion for summary judgment (Dkt. No. [23] ) andin opposition to Defendant's cross-motion for summary judgment (Dkt. No. [34] ), Plaintiffs must file one joint opposition and reply by January 10, 2020. Defendant must file its reply no later than January 24, 2020. The clerk is DIRECTED to re-note both motions for January 24, 2020. Authorized by U.S. District Judge John C Coughenour. (TH)