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Nov 19 20

NATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and 17 other new FOIA lawsuits

by Harry Hammitt

We have added 128 documents from 17 FOIA cases filed between November 8, 2020 and November 14, 2020. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. NATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 12, 2020)
    Graham Smith, an investigative reporter for NPR, submitted a FOIA request to the Centers for Disease Control for records concerning defective test kits pertaining to the corona virus. Smith also requested expedited processing. The agency acknowledged receipt of the request. The agency located 574 pages of responsive records but withheld them entirely under Exemption 5 (privileges) and Exemption 7(A) (interference with ongoing investigation or proceeding) read more…
Nov 19 20

FOIA Activity: 9 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 9 decisions of a procedural or substantive nature filed between November 8, 2020 and November 14, 2020. 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. NYS 1:2016cv00387National Day Laborer Organizing Network et al v. United States Immigration and Customs Enforcement et al

    • November 13, 2020: ORDER: As plaintiffs agree that the parties' dispute as to these records is now moot, the Court hereby relieves the defendants of the directives in its decision related to these records. See Dkt. 187. Defendants also request that the Court modif y its order directing ICE to release the records identified as ICE Doc. Nos. 41-42, 50-52, and 83, and instead permit ICE to provide these six records to the Court for in camera review. Id. Defendants explain that because the Court has separately dir ected that records relating to the same or similar subject matterthe monitoring of the Priority Enforcement Program for civil rights issues by CRCLbe submitted for in camera review as part of DHS's production, the Court should consider these rec ords alongside the related DHS records. Id. Plaintiffs state that they "do not object to the Court reviewing, in camera, ICE Doc. Nos. 41-42, 50-52, and 83 to determine whether these documents (a) are the same or substantially similar to DHS Doc. Nos. 12, 13, and 25 and should be treated the same as DHS Doc. Nos. 12, 13, and 25; or (b) relate to the implementation of PEP and should be released per the Court's Opinion." Id. The Court therefore orders that Defendants submit these six records, ICE Doc. Nos. 41-42, 50-52, and 83, for in camera review. The Court gives defendants until Wednesday, November 18, 2020 to do so. (Signed by Judge Paul A. Engelmayer on 11/13/2020) (jwh)
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Nov 11 20

U.S. RIGHT TO KNOW v. NATIONAL INSTITUTES OF HEALTH and 10 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 87 documents from 11 FOIA cases filed between November 1, 2020 and November 7, 2020. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. U.S. RIGHT TO KNOW v. NATIONAL INSTITUTES OF HEALTH (filed Nov 5, 2020)
    US Right to Know submitted a FOIA request to the National Institutes of Health for records concerning communications between federal employees mentioning keywords, such as Wuhan Institute of Virology. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding) read more…
Nov 11 20

FOIA Activity: 10 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 10 decisions of a procedural or substantive nature filed between November 1, 2020 and November 7, 2020. 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. CAE 2:2018cv00873Stanco et al v. Internal Revenue Service

    • November 2, 2020: STIPULATION and ORDER [25] signed by District Judge Troy L. Nunley on 10/30/2020 POSTPONING the deadline for Defendant to respond to Plaintiffs' First Amended Complaint until after the Court rules on Plaintiffs' pending motion to amend the complaint.(Becknal, R)
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Nov 5 20

HUAWEI TECHNOLOGIES CO., LTD. et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al and 14 other new FOIA lawsuits

by Harry Hammitt

We have added 181 documents from 15 FOIA cases filed between October 25, 2020 and October 31, 2020. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. HUAWEI TECHNOLOGIES CO., LTD. et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Oct 30, 2020)
    Huawei Technologies submitted FOIA requests to the Department of Homeland Security, the Department of Justice, the Department of State, the Department of Commerce, and the Department of Treasury for records concerning how U.S. China trade relations and the development of 5G technology may have influenced the U read more…
Nov 5 20

FOIA Activity: 9 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 9 decisions of a procedural or substantive nature filed between October 25, 2020 and October 31, 2020. 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 2:2019cv08872National Public Radio, Inc. et al v. Centers for Medicare and Medicaid Services et al

    • October 26, 2020: DISMISSAL ORDER by Judge Dale S. Fischer. Pursuant to Rule 41(a)(1)(A)(ii) of the FRCP and the separately filed stipulation [28] of the Parties, this action is dismissed with prejudice. (Made JS-6. Case Terminated.) (jp)
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Nov 3 20

September 2020 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of September 2020 federal district courts saw a total of 80 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 80 new filings compares with a monthly average of 67 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 807.

The figure below provides a more detailed view of monthly trends during the past five years. The height of each bar reflects the number of filings in that month. To see the actual filing count mouse over any bar. The superimposed line over the bars is the moving 12-month average. It is computed by adding up the 12 months ending at a given month, and then dividing that total by 12 to obtain the monthly average over this period. Mousing over any bar also shows the calculated result for this moving average for that given month.
read more…

Oct 29 20

BUZZFEED INC. v. NATIONAL INSTITUTES OF HEALTH et al and 10 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 73 documents from 11 FOIA cases filed between October 18, 2020 and October 24, 2020. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. BUZZFEED INC. v. NATIONAL INSTITUTES OF HEALTH et al (filed Oct 19, 2020)
    BuzzFeed sent a FOIA request to the National Institute of Health for records concerning communications to or from Kim Hasenkrug and Ken Pekoc of the NIAID/RML Facility regarding the use of humanized mice in Hasenkrug’s lab to study the corona virus reported by China to the World Health Organization. BuzzFeed amended its request read more…
Oct 29 20

FOIA Activity: 7 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 7 decisions of a procedural or substantive nature filed between October 18, 2020 and October 24, 2020. These are associated with 7 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 3:2017cv01240Frost v. United States Department of Justice

    • October 23, 2020: ORDER TO SHOW CAUSE WHY ORDER DISMISSING UNSERVED DEFENDANTS AND FINAL JUDGMENT SHOULD NOT BE RE-ENTERED. Show Cause Response due by 11/23/2020. Signed by Judge Joseph C. Spero on October 23, 2020. (jcslc1S, COURT STAFF) (Filed on 10/23/2020) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Oct 26 20

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. POSTAL SERVICE and 20 other new FOIA lawsuits

by Harry Hammitt

We have added 107 documents from 18 FOIA cases filed between October 11, 2020 and October 17, 2020. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. POSTAL SERVICE (filed Oct 13, 2020)
    Citizens for Responsibility and Ethics in Washington submitted a FOIA request to U.S. Postal Service for records concerning ethics agreements and guidance pertaining to Postmaster Paul DeJoy. CREW also requested a fee waiver. The agency acknowledged receipt of the request. The agency told CREW it had found 11 responsive pages but was withholding them all under Exemption 6 (invasion of privacy) read more…
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