FOIA Activity: 9 New Procedural or Substantive Decisions

We have added 9 decisions of a procedural or substantive nature filed between May 12, 2024 and May 18, 2024. These are associated with 9 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. CAC 8:2024cv00584 — Jesus Eric Carasco v. E. Martin Estrada et al

   • May 17, 2024: MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 6/15/2024. (twdb)
2. DC 1:2018cv02791 — GUARASCIO v. FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY et al

   • May 16, 2024: OPINION re [60] Order granting [42] Defendants' Motion for Summary Judgment as to all claims. Signed by Judge Christopher R. Cooper on 5/16/2024. (lccrc1)
3. FLM 2:2021cv00716 — Luthmann v. The Federal Bureau of Investigation

   • May 15, 2024: OPINION AND ORDER granting 64 Motion for Summary Judgment and judgment shall enter in favor of defendants on the First Amended Complaint and plaintiff shall take nothing. The Clerk shall enter judgment accordingly, terminate all pending motions and deadlines as moot, and close the file. Signed by Judge John E. Steele on 5/15/2024. (RKR)
4. NYS 1:2023cv07003 — CBS Broadcasting Inc. v. U.S. Department of Justice et al

   • May 13, 2024: ORDER granting [34] Letter Motion to Adjourn Conference. The conference is adjourned sine die. This matter is being handled for general pretrial purposes by Mag. Judge Gorenstein. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/13/2024) (tg)
5. NYS 1:2023cv09363 — New York Legal Assistance Group v. Social Security Administration

   • May 16, 2024: ORDER granting [33] Letter Motion for Extension of Time to File. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 5/16/24) (yv)
6. NYS 1:2023cv10922 — The Intercept Media, Inc. et al v. National Park Service et al

   • May 15, 2024: ORDER granting [22] Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/15/2024) (vfr)
7. NYS 1:2024cv02576 — Center for Biological Diversity et al v. National Marine Fisheries Service

   • May 14, 2024: ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Noti ce, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a & quot;Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not si gned and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (Signed by Judge Gregory H. Woods on 5/14/2024) (rro)
8. NYW 1:2014cv00330 — Pickering v. U.S. Department of Justice

   • May 14, 2024: DECISION AND ORDER adopting in part Magistrate Judge Leslie G. Foschio's [71] Report and Recommendation. For the reasons set forth therein, the case is referred back to the Honorable Leslie G. Foschio for further proceedings consistent with this Court's Decision and Order. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 5/14/2024.(LAS)
9. OR 3:2024cv00698 — Song v. Central Intelligence Agency of the United States

   • May 17, 2024: ORDER – The Court ADOPTS Judge Beckerman's Findings and Recommendation, ECF [6] The Court GRANTS Plaintiff's Application to Proceed in forma pauperis, ECF [3] The Court, however, sua sponte DISMISSES Plaintiff's complaint, EC F [1] , without prejudice, but without leave to refile in this Court, because this Court lacks authority under FOIA to adjudicate Plaintiff's claim. The Court further finds that any appeal from this Order would be frivolous and thus would not be taken in "good faith" as that term is used in 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962). Accordingly, Plaintiff's in forma pauperis status should be revoked. Signed on 5/17/2024 by Judge Michael H. Simon. (mja) Signed on 5/17/2024 by Judge Michael H. Simon. (mja)