Court Decisions

Van Kush v. 10th Cir. Exec./Admin. Off. of the Judges, No. 20-02862, 2020 WL 6075683 (D.D.C. Oct. 15, 2020) (Friedrich, J.)

Re:  "[P]etitioner['s] demand[] that the court issue a writ of mandamus compelling the Drug Enforcement Administration . . . to process and produce certain records that he apparently requested pursuant to the [FOIA]"

Disposition:  Dismissing mandamus petition without...

Whittaker v. DOJ, No. 18-01434, 2020 WL 6075681 (D.D.C. Oct. 15, 2020) (Mehta, J.)

Re:  Request for copy of plaintiff's background investigation

Disposition:  Granting defendants' renewed motion for summary judgment

• Exemption 7(E):  The court holds that "Defendants. . . have satisfied their burden under Exemption 7(E)."  The court finds that "[t]he FBI applies a categorical withholding policy...

Freedom of the Press Found. v. DOJ, No. 17-9343, 2020 WL 5992282 (S.D.N.Y. Oct. 9, 2020) (Koeltl, J.)

Re:  Request for records concerning "restrictions imposed by statute, regulation, or the Constitution on government surveillance targeting members of the news media, or otherwise implicating the freedoms of speech, association, or press"

Disposition:  Granting in part and denying in part...

Long v. ICE, No. 17-00506, 2020 WL 5994182 (N.D.N.Y. Oct. 9, 2020) (Sannes, J.)

Re:  Request for records concerning ICE's use of detainers and notices of release

Disposition:  Denying defendant's renewed motion for summary judgment

• Procedural Requirements, Searching for Responsive Records & Litigation Considerations, Adequacy of Search:  The court holds that "[o]n the record currently before...

Shapiro v. DOJ, No. 12-313, 2020 WL 5970640 (D.D.C. Oct. 8, 2020) (Howell, J.)

Re:  Eighty-three FOIA requests plaintiff submitted to both the FBI and ATF

Disposition:  Denying plaintiff's motion for reconsideration of court's grant in part and denial in part of defendant's motion for summary judgment and denial of plaintiff's request for discovery

• Litigation Considerations:  The court holds...

Donoghue v. Newcombe, No. 20-2736, 2020 WL 5982887 (D. Md. Oct. 8, 2020) (Blake, J.)

Re:  Request for records concerning plaintiff's criminal sentencing

Disposition:  Dismissing without prejudice several of plaintiff's claims; ordering plaintiff to file amended complaint

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that "[t]he matters concerning the...

Pichardo-Martinez v. USMS, No. 18-02674, 2020 WL 5946068 (D.D.C. Oct. 7, 2020) (McFadden, J.)

Re:  Request for records concerning plaintiff, as well as concerning USMS contract with local sheriff office

Disposition:  Granting defendant's second renewed motion for summary judgment

• Procedural Requirements, Searching for Responsive Records:  The court "concludes that the agency conducted...

Seife v. FDA, No. 17-3960, 2020 WL 5913525 (S.D.N.Y. Oct. 6, 2020) (Furman, J.)

Re:  Request for records concerning "the testing and approval process for eteplirsen (which is sold under the trade name Exondys 51), a drug created . . . for the treatment of Duchenne Muscular Dystrophy ("DMD"), a rare neuromuscular disease"

Disposition:  Granting defendants' and submitter's motions for summary...

Yanofsky v. Dep't of Com., No. 19-2290, 2020 WL 5944448 (D.D.C. Oct. 6, 2020) (Brown Jackson, J.)

Re:  Request for data files for I-92 United States International Air Travel Statistics Program and I-94 Visitor Arrivals Program

Disposition:  Denying defendant's motion for summary judgment; denying plaintiff's cross-motion for summary judgment

• Litigation Considerations, Mootness and Other...

Council on Am.-Islamic Rels.-Wash. v. CBP, No. 20-217, 2020 WL 5891908 (W.D. Wash. Oct. 5, 2020) (Martinez, J.)

Re:  Request for records concerning CBP's Tactical Analytical Unit Seattle Field Office "'high alert'" stating "'Iranian Supreme Leaders Vows Forceful Revenge after US Kills Maj. General Qassim Suleimani'" and directive that "'all persons (males and females) born after 1961 and born...