The FOIA Project

We have added 3 decisions of a procedural or substantive nature filed between January 22, 2023 and January 28, 2023. These are associated with 3 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 1:2022cv01132 — Earth Island Institute v. United States National Park Service, et al.

   • January 24, 2023: ORDER signed by Magistrate Judge Erica P. Grosjean on January 24, 2023 as follows: Based on the parties' joint motion (ECF No. [15] ), the Court will GRANT the parties' request. Accordingly, IT IS ORDERED that: 1. The scheduling conference currently set for January 31, 2023, is continued to March 22, 2023, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties shall file a joint status report one full week prior to the conference. (Rooney, M)

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We have added 9 decisions of a procedural or substantive nature filed between January 15, 2023 and January 21, 2023. These are associated with 8 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 4:2021cv09633 — The Center for Investigative Reporting et al v. Department of Homeland Security

   • January 17, 2023: ORDER (as modified) GRANTING [38] STIPULATION to Vacate Scheduling Order and Schedule Case Management Conference.Case Management Statement due by 3/21/2023. Further Case Management Conference set for 3/28/2023 02:00 PM.. The 3/28 p roceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conferenc e number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below t o 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 hea r and understand them clearly before speaking at length. PLEASE NOTE: Persons 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. See General Order 58 at Paragraph III. Signed by Judge Haywood S. Gilliam, Jr. on 1/17/2023. (ndr, COURT STAFF) (Filed on 1/17/2023)

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We have added 6 decisions of a procedural or substantive nature filed between January 8, 2023 and January 14, 2023. These are associated with 6 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 2:2022cv07171 — Jiajie Chen et al v. Internal Revenue Service

   • January 9, 2023: MINUTES OF ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before January 16, 2023, why this action should not be dismissed for lack of prosecution. (See document for further details). (aco)

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We have added 10 decisions of a procedural or substantive nature filed between January 1, 2023 and January 7, 2023. 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. ALM 2:2021cv00125 — Heard v. Director, Office of Information Policy, et al. (MAG+)

   • January 4, 2023: OPINION. Signed by Honorable Judge Myron H. Thompson on 1/4/2023. (bes, )
   • January 4, 2023: JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Plf's 23 objections are overruled; (2) The US Magistrate Judge's [22] recommendation is adopted to the exten t set forth in the opinion entered today; (3) Dfts' [13] motion to dismiss plf's FOIA claim is granted; (4) Dfts' [13] motion for summary judgment is denied as moot; (5) Plf's [21] motion for leave to file an amended complaint is denied as futile; (6) To the extent plf pleaded a claim in the original [1] complaint based on the First Amendment right to petition the government, the claim is dismissed for the same reasons given in the opinion for denying the motion for leave to amend the complaint as futile because the claim is not cognizable under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 US 388 (1971); (7) This case is dismissed with prejudice; Costs are taxed against the plf, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 1/4/2023. (bes, )

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We have added 8 decisions of a procedural or substantive nature filed between December 25, 2022 and December 31, 2022. These are associated with 8 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 2:2019cv02429 — (PS) Graham v. U.S. Dept. of Homeland Security et al

   • December 29, 2022: ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/28/22 GRANTING [49] Motion for Extension of Time. Plaintiff's [50] MSJ and Defendants' [51] & [52] Opposition to MSJ are deemed timely. Defendants' Reply and Opposition to Plaintiff's Cross Motion due by 1/13/23. Plaintiff's Reply due by 1/27/23. The Hearing for Motions for Summary Judgment is CONTINUED to 2/16/2023 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. (Woodworth, M.)

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