FOIA Activity: 13 New Procedural or Substantive Decisions

We have added 13 decisions of a procedural or substantive nature filed between June 25, 2023 and July 1, 2023. 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. CAN 4:2022cv07772 — National Bail Fund Network et al v. Immigration & Customs Enforcement et al

   • June 29, 2023: ORDER GRANTING [46] STIPULATION. Case Management Statement due by 8/8/2023. Initial Case Management Conference set for 8/15/2023 02:00 PM. The 8/15/2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the e vent of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference l ine information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. PLEASE NOTE: Perso ns granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Se e General Order 58 at Paragraph III. PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. Signed by Judge Haywood S. Gilliam, Jr. on 6/29/2023. (ndr, COURT STAFF) (Filed on 6/29/2023)
2. DC 1:2019cv03307 — ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF STATE

   • June 27, 2023: MEMORANDUM OPINION re [47] Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 6/27/2023. (lctnm3)
3. DC 1:2019cv03770 — STONEHILL v. UNITED STATES DEPARTMENT OF JUSTICE TAX DIVISION

   • June 26, 2023: MEMORANDUM OPINION denying [51] Plaintiff's Motion for Production Schedule, denying [54] Defendant's Motion to Dismiss, holding in abeyance [60] Plaintiff's Motion to for Leave to File Second Amended Complaint, and ordering joint status report within 30 days. See document for details. Signed by Judge Rudolph Contreras on 6/26/23. (lcrc2)
4. DC 1:2021cv01194 — JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY

   • June 28, 2023: MEMORANDUM OPINION re [21] Order. Signed by Judge Colleen Kollar-Kotelly on June 28, 2023. (lcckk1)
5. DC 1:2021cv02824 — JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY

   • June 28, 2023: MEMORANDUM OPINION re [24] Order. Signed by Judge Colleen Kollar-Kotelly on June 28, 2023. (lcckk1)
6. MD 1:2022cv00142 — Elliott v. U.S. Dept. of Agriculture

   • June 26, 2023: MEMORANDUM OPINION AND ORDER granting [17] USDA's Motion to Dismiss for Lack of Jurisdiction; denying as moot [27] Plaintiff's Motion for the Court to Render a Decision ; denying as moot [28] Plaintiff's Motion for a Hearing; dismissing the complaint. Signed by Judge Lydia Kay Griggsby on 6/26/2023. (c/m p 6/26/23 ols, Deputy Clerk)
7. MD 8:2022cv00153 — The James Madison Project et al v. Department of Defense

   • June 26, 2023: MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 6/26/2023. (ols, Deputy Clerk)
8. NYS 1:2017cv03956 — Radar Online LLC v. Federal Bureau Of Investigation

   • June 30, 2023: ORDER. The parties will file supplemental briefing and, if necessary, supplemental declarations addressing the above developments and their impact on the parties motions. Supplemental briefing will proceed on the following schedule: 1) Defendan t's supplemental brief is due by July 11, 2023. (2) Plaintiff's supplemental brief is due by July 18, 2023. The parties' supplemental briefs are each limited to fifteen double spaced pages. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/30/23) (yv)
9. NYS 1:2023cv01593 — Lowe v. U.S. Department of Justice

   • June 27, 2023: ORDER: Accordingly, the parties are directed to meet and confer, and file the following letters by July 26, 2023: Lowe is directed to explain whether the relief he is seeking is the same as that of his FOIA requests in the Section 2255 Case. De fendant is directed to provide an update regarding the status of Lowe's FOIA requests, since its September 30, 2020, letter. (Section 2255 Case, ECF 52). Defendant is directed to serve copies of this Order on Lowe and to file proof of service of the same on the docket. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/27/2023) (rro)
10. NYS 1:2023cv03983 — Cheng v. Department of Justice et al

    • June 28, 2023: ORDER OF SERVICE: The Clerk of Court is directed to mail an information package to Plaintiff. The Clerk of Court is further directed to (1) issue summonses for the United States Department of Justice and Federal Bureau of Investigation; (2) complete the USM-285 forms with the addresses for these Defendants, (3) mark the box on USM-285 form labeled "Check for service on U.S.A."; and (4) deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. USM-285 Form due by 7/28/2023. Request for Issuance of Summons due by 7/28/2023. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/28/2023) (ama)
11. PAE 2:2020cv06427 — Hoffmann v. U.S. CUSTOMS AND BORDER PROTECTION

    • June 28, 2023: MEMORANDUM re: Defendant's Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. Plaintiffs Cross-Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE ANITA B. BRODY ON 6/28/23. 6/28/23 ENTERED AND COPIES E-MAILED.(jwl)
    • June 28, 2023: ORDER granting [35] Defendant's Motion for Summary Judgment and granting in part and denying in part [37] Plaintiff's Cross-Motion for Summary Judgment. SIGNED BY HONORABLE ANITA B. BRODY ON 6/28/23. 6/28/23 ENTERED AND COPIES E-MAILED.(jwl)
12. WAW 2:2020cv00674 — Human Rights Defense Center v. United States Department of Justice et al

    • June 29, 2023: ORDER granting Parties' [34] Agreed Stipulated MOTION to Extend Deadlines. The DEA shall produce responsive documents without redaction of certain information, as directed by the SJ Order at [33] , 4, by 8/21/2023; The DEA shall file further bri efing and accompanying papers regarding sealed "files 18 and 19," as directed by the SJ Order at [33] -34, 6, by 5:00 p.m., 8/7/2023. HRDC's optional response shall be due by 5:00 p.m., 8/21/2023. The DEA shall produce all meaningful, reasonably segregable, non-exempt portions of narrative descriptions of alleged wrongdoing, and a supplemental Vaughn index and declaration, as directed by the SJ Order at [34] , 7, by 5:00 p.m., 8/14/2023. Signed by Judge John H. Chun. (SB)