The FOIA Project

We have added 11 decisions of a procedural or substantive nature filed between January 9, 2022 and January 15, 2022. These are associated with 10 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 4:2021cv02632 — American Civil Liberties Union of Northern California et al v. U.S. Immigration and Customs Enforcement et al

   • January 13, 2022: ORDER [AS MODIFIED] Granting [38] Stipulation Continuing Further Case Management Conference: Parties shall file an updated Joint Case Management Statement by 1/26/2022. Further Case Management Conference set for 1/19/2022 01:30 PM is vacated and continued to 2/2/2022 01:30 PM in Oakland, – Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/dmr General Order 58. 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. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Signed by Magistrate Judge Donna M. Ryu on 1/13/2022. (ig, COURT STAFF) (Filed on 1/13/2022)

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We have added 1 decision of a procedural or substantive nature filed between January 2, 2022 and January 8, 2022. These are associated with 1 FOIA case 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 the case title below to view other details for that case, including links to the docket report and complaint.

• NYS 1:2021cv04702 — Bal v. U.S. Department of the Treasury

  • January 4, 2022: ORDER OF SERVICE: The Court therefore extends the time to serve until 90 days after the date the summons is issued. If the amended complaint is not served within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff's responsibility to request an extension of time for service); see also Murray v. Pataki, 378 F. App'x 50, 52 (2d Cir. 2010) ("As long as the [plaintiff pr oceeding IFP] provides the information necessary to identify the defendant, the Marshal' failure to effect service automatically constitutes 'good cause' for an extension of time within the meaning of Rule 4(m)."). To allow Plai ntiff to effect service on Defendants United States Department of the Treasury Office of Foreign Assets Control, Jason E. Prince, Marshall Fields, and Charles Bishop through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for these defendants. The Clerk of Court is further instructed to (1) mark the box on the USM-285 forms labeled "Check for service on U.S.A."; (2) issue a sum mons; and (3) deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. To allow Plaintiff to effect service on Defendants Paypal, Inc. and Robert Hurst through the U.S. Marshals S ervice, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for these defendants. The Clerk of Court is further instructed to (1) issue a summons; and (2) deliver to the Ma rshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/3/2022) (tg) Transmission to Pro Se Assistants for processing.

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We have added 4 decisions of a procedural or substantive nature filed between December 26, 2021 and January 1, 2022. These are associated with 4 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. DC 1:2020cv03240 — AKEL V. UNITED STATES DEPARTMENT OF JUSTICE

   • December 30, 2021: MEMORANDUM OPINION AND ORDER: For the reasons set forth in the attached Memorandum Opinion and Order, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. [18] , is GRANTED in part and DENIED in part, and Plaintiff's cross -motion for summary judgment, Dkt. [23] , is GRANTED in part and DENIED in part. Defendant's motion is DENIED and Plaintiff's cross-motion is GRANTED with respect to the adequacy of the Department's search for email maintained by former AUSA Swaim. In all other respects, Defendant's motion is GRANTED and Plaintiff's cross-motion is DENIED. It is further ORDERED that Plaintiff's motion to take judicial notice of certain filings in the Northern District of Florida and the Eleventh Circuit, Dkt. [22] , is DENIED, but that Plaintiff's motion for leave to file a surreply and motion to take judicial notice of a filing in a related case, Dkt. [31] , are GRANTED. It is further ORDERED that Defendant shall conduct a reasonable search of former AUSA Swaim's archived emails and produce any responsive records to Plaintiff on or before April 1, 2022. See document for details. Signed by Judge Randolph D. Moss on 12/30/2021. (lcrdm1)

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We have added 5 decisions of a procedural or substantive nature filed between December 19, 2021 and December 25, 2021. These are associated with 5 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 2:2020cv08968 — Ingrid V. Eagly v. Federal Bureau Of Prisons et al

   • December 22, 2021: DISMISSAL ORDER [49] by Judge Fernando M. Olguin. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and the separately filed stipulation of the parties, this action is dismissed with prejudice. Case Terminated. Made JS-6. (iv)

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We have added 12 decisions of a procedural or substantive nature filed between December 12, 2021 and December 18, 2021. 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. DC 1:2017cv01569 — KEEPING GOVERNMENT BEHOLDEN, INC. v. DEPARTMENT OF JUSTICE

   • December 13, 2021: MEMORANDUM AND OPINION. Signed by Judge Florence Y. Pan on 12/13/21. (lcaa)

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