Lawrence P. Kalbers v. U.S. Department of Justice and 13 other new FOIA lawsuits

We have added 91 documents from 14 FOIA cases filed between September 30, 2018 and October 6, 2018. 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. Lawrence P. Kalbers v. U.S. Department of Justice (filed Oct 1, 2018)
   Lawrence Kalbers, a professor of accounting ethics at Loyola Marymount University, submitted a FOIA request to the Department of Justice for records concerning the plea agreement in U.S. v. Volkswagen. The agency denied Kalbers’ request, claiming Exemption 7(A) (ongoing investigation or proceeding). Kalbers filed an administrative appeal, but after hearing nothing further from the agency, Kalber filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. MAYO-SMITH v. VETERANS HEALTH ADMINISTRATION (filed Oct 1, 2018)
   Michael Mayo-Smith submitted a FOIA request to the Veterans Health Administration for records concerning an Office of Accountability and Whistleblower Protection report on the Manchester, New Hampshire VA Medical Center. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Mayo-Smith filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Oct 1, 2018)
   Judicial Watch submitted two FOIAs request to the Department of Defense for records concerning POW/MIAs missing in Vietnam and Laos. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. BLIXSETH v. U.S. DEPARTMENT OF JUSTICE (filed Oct 1, 2018)
   Timothy Blixseth submitted a FOIA request to the Department of Justice for records concerning emails sent to or received by Albert Steiglitz Jr. The agency acknowledged receipt of the request and asked Blixseth to narrow the scope of his request. He did so, but after hearing nothing further from the agency, Blixseth filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. The Human Rights Defense Center et al v. U.S. Department of Health and Human Services et al (filed Oct 1, 2018)
   Michelle Dillon on behalf of the Human Rights Defense Center submitted a FOIA request to the Department of Health and Human Services for records of litigation against the agency since 2010 that resulted in awards of $1,000 or more. Dillon also requested a fee waiver. The agency acknowledged receipt of the request. Dillon submitted a second FOIA request to the Administration for Children and Families for records concerning Sexual Abuse/Significant Incident Reports. Dillon also requested a fee waiver. After hearing nothing further, Dillon and the Human Rights Defense Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
6. Inter-Cooperative Exchange v. United States Department of Commerce et al (filed Oct 2, 2018)
   The Inter-Cooperative Exchange, a cooperative of fishers who harvest crabs in the Bering Sea, submitted a FOIA request to the National Marine Fisheries Service for records concerning an arbitration council meeting. The agency acknowledged receipt of the request and located 146 responsive pages, including emails. The Exchange argued that the agency had failed to search for text messages, even though the agency had disclosed text messages in relation to its response in another FOIA suit. After hearing nothing further from the agency, the Inter-Cooperative Exchange filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Friends of Animals v. United States Fish and Wildlife Service (filed Oct 2, 2018)
   Friends of Animals submitted a FOIA request to U.S. Fish and Wildlife Service for permits issued to import African elephant trophies from Zimbabwe. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Friends of Animals filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Oct 2, 2018)
   Judicial Watch submitted a FOIA request to the FBI for records concerning an audit performed by the FBI on text messages in Danik v. Dept of Justice. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. ENVIRONMENTAL INTEGRITY PROJECT v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Oct 2, 2018)
   The Environmental Integrity Project submitted a FOIA request to the EPA for records concerning the agency’s Rule of Law and Core Mission IT investments. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, EIP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. SCHNEIDER v. U.S. DEPARTMENT OF JUSTICE et al (filed Oct 3, 2018)
    Brandon Schneider was a Catholic seminarian whose application for a summer chaplaincy required a background check. In follow-up questions related to his background check, Schneider was asked by OPM about allegations that he had admitted to actions taken by Schneider against another agency, but for which charges had never been filed. Schneider was ethically required to inform his seminary of the allegations. As a result, the seminary suspended his studies. Schneider submitted FOIA requests to the Department of Justice, the Department of State, and the CIA for records about himself. The agencies acknowledged receipt of Schneider’s requests, but after hearing nothing further from any of the agencies, Schneider filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. CROSSFIT, INC. et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 4, 2018)
    Crossfit, Inc. and U.S. Right to Know submitted FOIA requests to the National Institute of Health and the Centers for Disease Control for records concerning annual reports required under the Public Health Service Act. Both agencies acknowledged receipt of the requests. CDC located 318 responsive pages and made redactions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Crossfit filed an administrative appeal. After hearing nothing further from either agency, Crossfit filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. DEMOCRACY FORWARD FOUNDATION v. DEPARTMENT OF JUSTICE et al (filed Oct 5, 2018)
    Democracy Forward Foundation submitted FOIA requests to the Department of Justice and the Department of Commerce for records concerning policies affecting the 2020 Census. DFF also requested a fee waiver. Both agencies acknowledged receipt of the requests. DOC asked DFF to identify the offices it thought would have responsive records, DFF did so. Several DOJ components also acknowledged receipt of the request, but after hearing nothing further from either agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. CENTER FOR PUBLIC INTEGRITY v. U.S. CUSTOMS AND BORDER PROTECTION (filed Oct 5, 2018)
    The Center for Public Integrity submitted a FOIA request to U.S. Customs and Border Protection for records concerning instances in which individuals were physically searched by CBP agents at airports or other ports of entry. After hearing nothing further from the agency, CPI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Samuel v. US Secret Service (filed Oct 5, 2018)
    Robert Samuel submitted a FOIA request to the U.S. Secret Service for records concerning hacking incidents against the agency. The agency acknowledged receipt of the request. After the agency did not respond further, Samuel filed a complaint with the Office of Government Information Services. OGIS also acknowledged receipt of the request. After hearing nothing further, Samuel filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs