A.B. v. U.S. DEPARTMENT OF JUSTICE and 25 other new FOIA lawsuits, plus case descriptions
We have added 215 documents from 25 FOIA cases filed between March 3, 2019 and March 9, 2019. 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.
- A.B. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 4, 2019)
A.B., a Salvadoran woman appealing the denial of her asylum application, submitted a FOIA request to the Department of Justice’s Mail Referral Unit for records concerning former Attorney General Jeff Sessions’ decision to certify to himself A.B.’s asylum case. The agency asked A.B. to resubmit her request to the Office of Information Policy. A.B. requested expedited processing, which was denied. Despite several attempts to contact OIP, after hearing nothing further from the agency, A.B. filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Casillas-Prieto v. United States Marshal Service et al (filed Mar 6, 2019)
Alejandro Casillas-Prieto, a federal prisoner, submitted a FOIA request to the U.S. Marshals Service for records concerning himself while in the custody of the U.S. Marshals Service in the Fannin County, Texas jail. The agency acknowledged receipt of the request and told Casillas-Prieto that it could find no responsive records. Casillas-Prieto filed an administrative appeal with the Office of Information Policy, which denied his appeal. Casillas-Prieto then submitted a FOIA request to the U.S. District Court for the Eastern District of Texas for records about his custody. The Eastern District of Texas denied his request. Casillas-Prieto filed an administrative appeal with OIP, which was also denied. Casillas-Prieto then filed suit.
Issues: Adequacy – Search - ALLIED PROGRESS v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Mar 4, 2019)
Allied Progress, a consumer watchdog organization, submitted five FOIA requests to the Consumer Financial Protection Bureau for records concerning communications received or sent by Eric Blankenstein, John Czwartacki, or Mick Mulvaney and including a number of keywords. The agency acknowledged receipt of the requests and asked Allied Progress to clarify some of its requests. Allied Progress did so. CFPB disclosed some records, but after hearing nothing further from the agency, Allied Progress filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Gerrodette v. United States Department of the Interior et al (filed Mar 5, 2019)
Patricia Gerrodette, an advocate for the San Pedro River, submitted a FOIA request to the Department of the Interior for records concerning settlement discussions for federal reserved water rights asserted for the Conservation Area in the Gila River Adjudication. The agency acknowledged receipt of the request. The Office of the Secretary and the Field Solicitor both responded that they had no records. The Bureau of Land Management did not respond. After hearing nothing further from the agency, Gerrodette filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Mar 5, 2019)
The Center for Immigration Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning removal cases for FY 2014 – FY 2018. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CIS filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - DEMOCRACY FORWARD FOUNDATION v. U.S. AGENCY FOR GLOBAL MEDIA (filed Mar 5, 2019)
Democracy Forward Foundation submitted two FOIA requests to the U.S. Agency for Global Media for records concerning the broadcast of a video attacking George Soros that was run on Radio and Television Marti, which is run by the Office of Cuba Broadcasting, a component of USGMA. The agency acknowledged receipt of the requests, but 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 - JAMES MADISON PROJECT et al v. CENTRAL INTELLIGENCE AGENCY et al (filed Mar 5, 2019)
The James Madison Project and New Yorker reporter Adam Entous submitted FOIA requests to the CIA, the Department of State, the Department of Justice, the Department of Defense, the Department of Commerce, and the U.S. Agency for International Development for records concerning attacks on U.S. personnel in Cuba and China specifically, and, more broadly, attacks on U.S. personnel anywhere in the world with particular emphasis on Russia. JMP and Entous also requested expedited processing. The agencies acknowledged receipt of the request and DOJ denied JMP and Entous’s request for expedited processing. However, after hearing nothing further from any of the agencies, JMP and Entous filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE (filed Mar 5, 2019)
American Oversight submitted four FOIA requests to the Department of Defense for records concerning then Deputy Secretary Patrick Shanahan’s compliance with ethical requirements, communications with Boeing, his former employer, and calendar entries. After it became likely that Shanahan would be nominated to replace former Secretary James Mattis, AO also requested expedited processing. The agency acknowledged receipt of the requests. The agency provided records in response to AO’s request for calendar entries, but then told AO that its search had not been complete and would continue. After hearing nothing further from the agency pertaining to any of the requests, AO filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Rominov Investment Services Inc. et al v. Attorney General of the United States et al (filed Mar 5, 2019)
Rominov Investment Services submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning visits by agency agents to the offices of Rominov Investment Services. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Rominov Investment Services filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - International Refugee Assistance Project v. United States Department of Homeland Security et al (filed Mar 5, 2019)
The International Refugee Assistance Project submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s policies on the adjudication of humanitarian parole applications. The agency acknowledged receipt of the request. The agency subsequently told IRAP that its request was being transferred to another component of the Department of Homeland Security for response. After hearing nothing further from the agency, IRAP filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - International Refugee Assistance Project v. United States Department of Homeland Security et al (filed Mar 5, 2019)
The International Refugee Assistance Project submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning formal guidance regarding the new evidentiary standards used to evaluate familial relationships in the absence of formal documentation. The agency acknowledged receipt of the request and involved a 10-day extension. The agency told IRAP that if it was seeking a single document its request might qualify for the track for simple requests. But after hearing nothing further from the agency, IRAP filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Mar 6, 2019)
Judicial Watch submitted a FOIA request to the Department of State for records concerning communications pertaining to Russian national Natalia Veselnitskaya, a lawyer who had attended the meeting at Trump Tower concerning potentially harmful information about Hillary Clinton. The agency acknowledged receipt of the request and asked Judicial Watch to narrow the scope of the request. Judicial Watch did so, 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 - PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (filed Mar 6, 2019)
Public Employees for Environmental Responsibility submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning an incident in which AccuWeather, a private weather forecasting company, misinterpreted a test warning sent by the National Weather Service that a tsunami was approaching the East Coast. AccuWeather sent out an alert that the tsunami was real rather than a test. NOAA acknowledged receipt of the request. The agency disclosed 34 pages and withheld two drafts. PEER filed an administrative appeal, arguing that NOAA’s search was not adequate. After hearing nothing further from the agency, PEER filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CAMPAIGN FOR ACCOUNTABILITY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 6, 2019)
The Campaign for Accountability submitted five FOIA requests to the Department of Health and Human Services for records concerning application materials submitted to the agency for grants under Title V and Title X. The agency acknowledged some of the requests but not others. After hearing nothing further from the agency pertaining to any of its requests, Campaign for Accountability filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - CAMPAIGN FOR ACCOUNTABILITY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 6, 2019)
The Campaign for Accountability submitted two FOIA requests to the Department of Health and Human Services for records concerning calendars and emails for Diane Foley, Deputy Assistant Secretary for Population Affairs. CfA submitted a third FOIA request for records concerning communications with Obria Medical Clinics. The agency did not acknowledge receipt of any of the requests. After hearing nothing further from the agency pertaining to any of its requests, CfA filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Davis Wright Tremaine LLP v. United States Customs and Border Protection (filed Mar 6, 2019)
The law firm of Davis Wright Tremaine submitted a FOIA request to U.S. Customs and Border Protection for records concerning its policy of banning Canadians involved in the cannabis industry from entering the United States. 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 - KXTV, LLC v. United States Citizenship and Immigration Services (filed Mar 7, 2019)
KXTV, the ABC affiliate in Sacramento, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the immigration status of Omar Abdulsattar Ameen Husayn al-Sarhani al-Rawi, a Sacramento resident who had been accused of being a terrorist. The agency acknowledged receipt of the request but denied it under Exemption 6 (invasion of privacy) because KXTV had not provided a waiver from Ameen or shown that disclosure was in the public interest. KXTV then filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees - DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Mar 7, 2019)
Democracy Forward Foundation submitted a FOIA request to the Department of Homeland Security for records concerning Katherine Gorka, who worked at the agency as an adviser and played a role in terminating the agency’s domestic terrorism investigation unit. DFF also requested a fee waiver. The agency acknowledged receipt of the request and conditionally granted DFF’s request for a fee waiver. However, 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 - NEW YORK STOCK EXCHANGE LLC v. SECURITIES AND EXCHANGE COMMISSION (filed Mar 7, 2019)
The New York Stock Exchange submitted a FOIA request to the Securities and Exchange Commission for records concerning the participation of Brett Redfearn, Director of the Division of Trading and Markets in the market data proceedings. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, the New York Stock Exchange filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF AGRICULTURE (filed Mar 7, 2019)
American Oversight submitted three FOIA requests to the Department of Agriculture for records concerning communications between USDA officials and various industry groups or lobbyists representing them. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency pertaining to any of the requests, AO filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Community Justice Clinic et al v. Department of Justice et al (filed Mar 7, 2019)
The Community Justice Clinic at the University of Buffalo School of Law submitted FOIA requests to the Department of Justice’s Executive Office of Immigration Review and U.S. Citizenship and Immigration Services for records concerning its client, Amin Hassoun. The Clinic also requested expedited processing. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the Community Justice Clinic filed suit.
Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees - SUNLIGHT FOUNDATION et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 8, 2019)
The Sunlight Foundation and American Oversight submitted a FOIA request to the Department of Health and Human Services for records concerning communications to or from the law firm Hager Sharp. The Sunlight Foundation and American Oversight also submitted two FOIA requests to the agency for records concerning communications sent to or received by officials of the Office of Women’s Health, listing names and keywords. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Sunlight Foundation and American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - HUSCH BLACKWELL LLP v. UNITED STATES SMALL BUSINESS ADMINISTRATION et al (filed Mar 8, 2019)
The law firm of Husch Blackwell submitted FOIA requests to the U.S. Small Business Administration and the Defense Logistics Agency for records concerning the waiver of the non-manufacturer rule. The agencies acknowledged receipt of the requests. The SBA responded to only two of the law firm’s requests, while the DLA responded to none of the requests. After hearing nothing further from the agencies, the law firm filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - NOVA OCULUS PARTNERS, LLC et al v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION (filed Mar 8, 2019)
Nova Oculus Partners submitted a FOIA request to the Securities and Exchange Commission for records concerning Nova Oculus Partners. The agency acknowledged receipt of the request. The agency asked Nova Oculus Partners to clarify and modify its request, which it did. The agency then denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Nova Oculus Partners filed an administrative appeal, which was denied by the agency. Nova Oculus Partners then filed suit.
Issues: Litigation – Attorney’s fees - Buckley v. U. S. Department of Justice (filed Mar 8, 2019)
Nathaniel Buckley, owner of the Burning Bookstore in Buffalo, submitted a FOIA request to the FBI for records concerning about himself. The agency acknowledged receipt of the request. The FBI located 16 pages and disclosed 14 pages in full or in part. Buckley filed an administrative appeal to the Office of Information Policy. OIP denied Buckley’s appeal. Buckley then filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.
- BUTT v. U.S. DEPARTMENT OF JUSTICE et al (filed Feb 25, 2019)
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