NAACP Legal Defense & Educational Fund, Inc. v. U.S. Department Of Justice and 16 other new FOIA lawsuits

We have added 99 documents from 13 FOIA cases filed between October 7, 2018 and October 13, 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. NAACP Legal Defense & Educational Fund, Inc. v. U.S. Department Of Justice (filed Oct 12, 2018)
   The NAACP Legal Defense and Educational Fund submitted FOIA requests to the Department of Justice for records concerning the agency’s decision to ask for a citizenship question on the 2020 Census form in order to enforce the Voting Rights Act. LDF also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The Civil Rights Division told LDF that it was withholding responsive records under Exemption 7(A) (ongoing investigation or proceeding). LDF filed an administrative appeal of that decision and the agency upheld the Exemption 7(A) claim. The Office of Information Policy told LDF that its request for expedited processing was being considered but could not provide a timeframe in which to respond to LDF’s request. After hearing nothing further from OIP, LDF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. The Center for Investigative Reporting et al v. U.S. Department of State (filed Oct 8, 2018)
   The Center for Investigative Reporting submitted a FOIA request to the Department of State for records concerning letters from Rep. Ed Royce to the agency pertaining to Gabon. CIR submitted another FOIA request for records pertaining to investments of Elliot Broidy, a Republican fundraiser, in Gabon. CIR also requested inclusion in the news media fee category and expedited processing. The agency granted CIR’s request for inclusion in the news media category but denied its request for expedited processing. CIR filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, CIR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Giffords Law Center to Prevent Gun Violence v. United States Department of Justice et al (filed Oct 9, 2018)
   The Giffords Law Center to Prevent Gun Violence submitted FOIA requests to the Department of Justice and the Bureau of Alcohol, Tobacco and Firearms for records concerning communications between the agencies and the NRA and other gun-rights organizations. The Giffords Center also requested inclusion in the news media fee category. After hearing nothing further from the agencies, the Giffords Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. Varnum LLP v. United States Department of Labor (filed Oct 9, 2018)
   The law firm of Varum LLP submitted a FOIA request to the Department of Labor’s Employee Benefits Security Administration and the Chicago Regional Solicitor’s Office for records of completed investigations of employee claims related to Blue Cross Blue Shield Michigan. The agency acknowledged receipt of the requests. The EBSA withheld 1,580 pages under Exemption 4 (confidential business information) and the Chicago Regional Solicitor’s Office withheld 609 pages under Exemption 4. Varum filed administrative appeals for both denials. After hearing nothing further from either component, Varum filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. POBLETE TAMARGO LLP v. U.S. DEPARTMENT OF STATE (filed Oct 10, 2018)
   The law firm of Poblete Tamargo, LLP submitted two FOIA requests to the Department of State for records concerning the government’s position on claims against the government of Cuba. The law firm also requested expedited processing. The agency acknowledged receipt of the request and denied the law firm’s requests for expedited processing. The law firm made several inquires pertaining to the status of its requests but was told that the requests were still being processed. Poblete Tamargo then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
6. WESTERN VALUES PROJECT et al v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Oct 10, 2018)
   Western Values Project submitted FOIA requests to the Department of the Interior for records concerning Secretary Ryan Zinke’s compliance with his ethical obligations, including travel expenses. American Oversight also submitted a FOIA request to the Department of the Interior for records concerning communications between the agency and governmental entities in Puerto Rico. The agency acknowledged receipt of the requests, but after hearing nothing further from agency as to any of the requests, Western Values Project and American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. STATE OF NEW JERSEY V. UNITED STATES DEPARTMENT OF INTERIOR (filed Oct 10, 2018)
   The State of New Jersey submitted a FOIA request to the Department of the Interior for records concerning the agency’s decision to allow off-shore drilling on the Atlantic coast but had exempted Florida. New Jersey also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, New Jersey filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. TOBIAS v. UNITED STATES DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY (filed Oct 10, 2018)
   Jimmy Tobias, a freelance reporter, submitted FOIA requests to the Department of the Interior for records concerning meetings and communications between a number of agency officials and a variety of outside organizations. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of his requests, Tobias filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed Oct 11, 2018)
   Democracy Forward Foundation submitted a FOIA request to the Department of Veterans Affairs for records concerning the role played by non-governmental individuals in top-level decisionmaking at the agency. DFF also requested a fee waiver. The agency acknowledged receipt of the request. The Veterans Health Administration denied DFF’s fee waiver request as to the portion of the request to which VHA would respond. After hearing nothing further from the agency, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
10. Van Siclen Stocks Firkins v. Equal Employment Opportunity Commission (filed Oct 11, 2018)
    The law firm of Van Siclen, Stocks & Firkins submitted a FOIA request to the Equal Employment Opportunity Commission for records concerning the investigative file for a complaint filed with the EEOC by their client, Roderick Demmings against Skyline Mail. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law firm filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
11. Mandell v. SEC Commission et al (filed Oct 12, 2018)
    Ross Mandell, who was convicted of securities fraud, submitted FOIA requests to the Securities and Exchange Commission and the FBI for records concerning Steven Altman, Mandell’s trial attorney who had apparently been an unindicted co-conspirator in Mandell’s case. Mandell also requested expedited processing. The agencies acknowledged receipt of the requests. The FBI issued a Glomar response neither confirming nor denying the existence of records and denied Mandell’s request for expedited processing. The SEC told Mandell that there were two boxes containing thousands of pages, many of which would have to be reviewed for confidentiality. Mandell filed an administrative appeal of the FBI’s decision with the Office of Information Policy. After hearing nothing further from either agency, Mandell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Mabie v. US Attorneys Office et al (filed Oct 12, 2018)
    William Mabie, a federal prisoner, submitted FOIA requests to the U.S. Attorney’s Office for the Eastern District of Missouri, the FBI, and the Bureau of Prisons for records about himself. After hearing nothing further from either agency, Mabie filed suit.
    Issues: Failure to respond within statutory time limit
13. Satterlee v. Commissioner of Internal Revenue Service et al (filed Oct 12, 2018)
    Ronald Satterlee submitted a FOIA request to the IRS for records concerning the agency’s legal basis for collecting debts. After hearing nothing further from the agency, Satterlee filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs

In addition, we have added 9 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. Southeastern Legal Foundation, Inc. v. United States Department of State (filed Oct 5, 2018)
   The Southeastern Legal Foundation submitted a FOIA request to the Department of State for records concerning extradition requests made under the 1978 Extradition Treaty between the United States and Mexico. SLF also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, SLF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Northwest Environmental Advocates v. Animal and Plant Health Inspection Service (filed Oct 5, 2018)
3. STUDENTS FOR FAIR ADMISSIONS, INC. v. DEPARTMENT OF EDUCATION (filed Oct 1, 2018)
4. Test1 v. Test2 (filed Sep 20, 2018)