Court Decisions

Clean Air Council v. U.S. Dep’t of the Interior, No. 22-2741, 2024 WL 4111047 (E.D. Pa. Sept. 6, 2024) (Hodge, J.)

Re:  Request for records concerning contractor’s work conducting engineering or feasibility studies on replacing heating systems in certain historic buildings

Disposition:  Denying defendants’ motion for summary judgment; denying submitters/intervenors’ motion for summary judgment...

Jud. Watch, Inc. v. DOJ, No. 23-01485, 2024 WL 4039924 (D.D.C. Sept. 4, 2024) (Cooper, J.)

Re:  Request for employee rosters for office of Special Counsel Jack Smith

Disposition:  Granting defendant’s motion for summary judgment; denying plaintiff’s motion for summary judgment

• Exemption 7(A):  “The Court first finds that DOJ properly invoked Exemption 7(A).”  The court relates that “[t]he only...

Walsh v. Dep’t of the Navy, No. 23-04164, 2024 WL 4043657 (D.S.D. Sept. 4, 2024) (Schulte, J.)

Re:  Request for letters of reprimand and disciplinary records for two now-retired general officers that plaintiff alleges tried to murder him in 1985

Disposition:  Denying defendant’s motion to dismiss

• Litigation Considerations, Mootness and Other grounds for Dismissal:  The court relates that “Defendants...

Emuwa v. DHS, No. 22-5153, 2024 WL 4019115 (D.C. Cir. Sept. 3, 2024) (Katsas, J.)

Re:  Request for written assessments prepared by asylum officers regarding whether to grant or deny asylum to certain applicants

Disposition:  Affirming district court’s grant of government’s motion for summary judgment

• Exemption 5, Foreseeable Harm and Other Considerations:  “[The Court of Appeals for the District of...

Ball v. EOUSA, No. 21-1949, 2024 WL 4024494 (D.D.C. Sept. 3, 2024) (Boasberg, C.J.)

Re:  Requests for records concerning plaintiff

Disposition:  Granting in part and denying in part defendant’s motion for summary judgment

• Litigation Considerations, Adequacy of Search; Procedural Requirements, Searching for Responsive Records:  The court holds that “[s]ummary judgment for EOUSA is . . . proper on the...

Hall & Assocs. v. EPA, No. 15-1055, 2024 WL 4024551 (D.D.C. Sept. 3, 2024) (Cobb, J.)

Re:  Request for records concerning EPA’s position on national applicability of Eighth Circuit decision in Iowa League of Cities v. EPA, 711 F.3d 844 (8th Cir. 2013)

Disposition:  Granting in part and denying in part plaintiff’s motion for attorney fees and costs; awarding plaintiff $132,566.51 in attorney fees and...

Meyer v. Doe, No. 24-0549, 2024 WL 4026263 (D. Minn. Sept. 3, 2024) (Docherty, Mag. J.)

Re:  Request for records concerning plaintiff

Disposition:  Denying plaintiff’s motion to compel

• Litigation Considerations:  The court holds that “a ‘motion to compel’ is not the appropriate vehicle to seek compliance with a FOIA request.”  “[Plaintiff’s] failure to file a complaint in a separate civil action...

Pistorino v. HHS, No. 24-03112, 2024 WL 4181975 (N.D. Cal. Sept. 3, 2024) (Tse, Mag. J.)

Re:  Request for certain contracts and coverage codes

Disposition:  Granting defendant’s motion to dismiss plaintiff’s complaint without leave to amend

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that “[plaintiff] hasn’t administratively exhausted his FOIA claim.”  “The...

Stevens v. HHS, No. 22-5072, 2024 WL 4028304 (N.D. Ill. Sept. 1, 2024) (Kennelly, J.)

Re:  Requests for records concerning third parties

Disposition:  Denying defendant’s motion for summary judgment; denying plaintiff’s motion for summary judgment

• Litigation Considerations, Summary Judgment:  The court holds that “there is no legal barrier to consideration of EOIR’s motion, even if it amounts to a...

Stevens v. HHS, No. 22-5072, 2024 WL 4007684 (N.D. Ill. Aug. 30, 2024) (Kennelly, J.)

Re:  Requests for records concerning:  1) Congresswoman Lauren Underwood and potential development of an Electronic Health Record (“EHR”) system at DHS; and 2) citizen against whom, plaintiff believes, ICE mistakenly issued deportation order

Disposition:  Granting in part and denying in part one defendant’s motion...