FOIA Activity: 16 New Procedural or Substantive Decisions

We have added 16 decisions of a procedural or substantive nature filed between October 30, 2022 and November 5, 2022. These are associated with 14 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. CAS 3:2022cv00407 — E.G.V. v. U.S. Immigration and Customs Enforcement

   • November 3, 2022: ORDER Granting [22] Application to Withdraw Anne Daher as Counsel of Record for the Plaintiff. Signed by Judge Janis L. Sammartino on 11/3/2022. (tcf)
2. DC 1:2019cv03519 — EMERY v. UNITED STATES DEPARTMENT OF JUSTICE et al

   • October 31, 2022: MEMORANDUM OPINION re [26] Second Motion for Summary Judgement and [23] Motion to Assess Court Costs: See document for details. Signed by Judge Jia M. Cobb on October 31, 2022. (lcjmc3)
   • October 31, 2022: ORDER granting [26] Second Motion for Summary Judgement and denying [23] Motion to Assess Court Costs: See document for details. Signed by Judge Jia M. Cobb on October 31, 2022. (lcjmc3)
3. DC 1:2019cv03525 — EMERY v. UNITED STATES DEPARTMENT OF JUSTICE et al

   • October 31, 2022: MEMORANDUM OPINION re [21] Motion for Summary Judgement and [20] Motion to Assess Court Costs: See document for details. Signed by Judge Jia M. Cobb on October 31, 2022. (lcjmc3)
   • October 31, 2022: ORDER granting [21] Motion for Summary Judgement and denying [20] Motion to Assess Court Costs: See document for details. Signed by Judge Jia M. Cobb on October 31, 2022. (lcjmc3)
4. DC 1:2020cv03338 — CATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al

   • November 2, 2022: MEMORANDUM OPINION re [33] Order on Motions for Summary Judgment. Signed by Judge James E. Boasberg on 11/2/2022. (lcjeb2)
5. FLS 1:2019cv21546 — Jimenez et al v. Department of Homeland Security et al

   • November 3, 2022: ORDER: Report and Recommendation DE [86] is AFFIRMED AND ADOPTED. Defendants' Motion for Summary Judgment, DE [29] , is GRANTED. Plaintiffs' Cross-Motion for Summary Judgment, DE [62] , is DENIED. Signed by Judge Darrin P. Gayles on 11/3/2022. See attached document for full details. (mab)
6. NYE 1:2019cv07079 — CLEAR et al v. U.S. Customs and Border Protection

   • November 2, 2022: MEMORANDUM AND ORDER re [32] & [41] Motions for Summary Judgment. For the reasons set forth herein, both parties' motions for summary judgment are granted in part and denied in part without prejudice. With respect to the adequacy of the Va ughn index and declaration, Plaintiffs' cross-motion is granted and Defendant's motion is denied. With respect to the propriety of invoking FOIA Exemptions to withhold information, Defendant's motion is granted, and Plaintiffs&#039 ; motion is denied for records withheld under Exemption 7(E) and reviewed in camera , pending the release of segregable non-exempt information and submission of a segregability analysis, as detailed herein. The Court reserves judgment insofar a s documents that were withheld under Exemptions 3 and 7(E) but not reviewed in camera. Lastly, with respect to whether non-exempt information was reasonably segregated and released, the Court reserves judgment. Defendant is directed to relea se all non-exempt and segregable information, submit an amended or supplemental Vaughn index and/or declaration that adequately establishes its Exemption 3 and 7(E) claims, and provide a reasonably specific segregability analysis. The segregab ilty analysis must address all documents challenged in Plaintiffs' cross-motion, provide a detailed description of withheld information, and explain how non-exempt material is dispersed throughout each document. These must be submitted by December 16, 2022. The Court will hold a telephone conference to discuss further proceedings on December 27, 2022, at 12:00 P.M. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/2/2022. (BR)
7. NYS 1:2021cv04702 — Bal v. U.S. Department of the Treasury

   • November 1, 2022: ORDER: The Court will hold a telephonic Settlement Status Call on December 7, 2022, at 3:30 p.m. Only parties who have been formally dismissed are excused from attending the telephonic Settlement Status Call. The dial-in information is 866-390-182 8, access code 158-2687. Counsel for Defendant United States Department of the Treasury, Office of Foreign Assets Control; Defendants Jason E. Prince and Marshall Fields in their official capacities; and Defendant Charles Bishop in his individual cap acity (hereinafter "Federal Defendants"), filed a proposed briefing schedule on their anticipated Motion to Dismiss. (ECF 48). The Federal Defendants' Motion to Dismiss is due December 28, 2022. Plaintiff's opposition is due Feb ruary 28, 2023. The Federal Defendants' reply is due March 14, 2023. (Motions due by 12/28/2022., Responses due by 2/28/2023, Replies due by 3/14/2023., Telephone Conference set for 12/7/2022 at 03:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 11/1/2022) (rro)
8. NYS 7:2021cv02109 — McFall v. Stewart

   • October 31, 2022: ORDER OF DISMISSAL: The Court has been advised that the parties have reached a settlement in principle of this case. (Doc. #40). Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to rest ore the action to the Court's calendar, provided the application to restore the action is made by no later than December 15, 2022. To be clear, any application to restore the action must be filed by December 15, 2022, and any application to rest ore the action filed thereafter may be denied solely on the basis that it is untimely. All other deadlines, scheduled conferences, or other scheduled court appearances are cancelled. Any pending motions are moot. The Clerk is instructed to close this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/31/2022) (ama)
9. WAW 2:2020cv01309 — Kinnucan v. National Security Agency et al

   • November 4, 2022: ADDITIONAL ORDER on Cross-Motions for Summary Judgment. The Court has carefully reviewed Defendants' invocation of FOIA Exemptions 1 and 3 to withhold materials from portions of Documents 1-9, 14-15 and all of Documents 11-13. Except as to Docum ent 1, the Court finds that Defendants have not met their burden to justify application of Exemptions 1 or 3 to withhold the information. And Defendants have not provided adequate detail to satisfy the Court that they have undertaken an adequate segr egability analysis. The Court's in camera review confirms the inadequacies of the Vaughn index and supporting materials. But the Court finds that Defendants should be given one additional opportunity to address the Court's concerns. The Court will rule definitively on the FOIA claims after Defendants supplement the record and the Parties complete their supplemental briefing as specified in this Order. Signed by Judge Marsha J. Pechman. (SB)
10. WAW 2:2021cv00452 — Deep Sea Fishermen's Union of the Pacific v United States Department of Commerce et al

    • November 3, 2022: ORDER granting Parties' [53] Stipulated MOTION FOR EXTENSION OF TIME. The [46] MSJ will be renoted for 12/16/2022, with Plaintiff's opposition due 12/12/2022, and the Defendants' reply due 12/16/2022. All other future dates will be stayed pending the Court's ruling on the MSJ. Signed by U.S. District Judge John C. Coughenour. (SR)
11. WAW 2:2021cv00564 — State of Washington v. Office of Management and Budget

    • November 4, 2022: ORDER re Parties' [45] Second Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE. Defendants' consolidated dispositive motion is now due by 1/9/2023. Plaintiff's consolidated response and cross-motion is now due by 2/6/2023. Defendants' consolidated reply to motion and response to cross-motion is now due by 2/27/2023. Plaintiff's reply to cross-motion is now due by 3/10/2023. Signed by Judge Tana Lin.(LH)
12. WAW 2:2021cv00565 — State of Washington v. United States National Archives and Records Administration

    • November 4, 2022: ORDER re Parties' [40] Second Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE. Defendants' consolidated dispositive motion is now due by 1/9/2023. Plaintiff's consolidated response and cross-motion is now due by 2/6/2023. Defendants' consolidated reply to motion and response to cross-motion is now due by 2/27/2023. Plaintiff's reply to cross-motion is now due by 3/10/2023. Signed by Judge Tana Lin. (LH)
13. WAW 2:2021cv00566 — State of Washington v. Public Buildings Reform Board

    • November 4, 2022: ORDER re Parties' [41] Second Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE. Defendants' consolidated dispositive motion is now due by 1/9/2023. Plaintiff's consolidated response and cross-motion is now due by 2/6/2023. Defendants' consolidated reply to motion and response to cross-motion is now due by 2/27/2023. Plaintiff's reply to cross-motion is now due by 3/10/2023. Signed by Judge Tana Lin. (LH)
14. WAW 2:2021cv00794 — State of Washington v. US General Services Administration

    • November 4, 2022: ORDER re Parties' [42] Second Stipulated MOTION FOR EXTENSION OF DISPOSITIVE BRIEFING SCHEDULE. Defendants' consolidated dispositive motion is now due by 1/9/2023. Plaintiff's consolidated response and cross-motion is now due by 2/6/2023. Defendants' consolidated reply to motion and response to cross-motion is now due by 2/27/2023. Plaintiff's reply to cross-motion is now due by 3/10/2023. Signed by Judge Tana Lin. (LH)