NBC 7 SAN DIEGO et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al and 15 other new FOIA lawsuits

We have added 89 documents from 15 FOIA cases filed between April 21, 2019 and April 27, 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.

1. NBC 7 SAN DIEGO et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 22, 2019)
   NBC 7 San Diego reporter Tom Jones submitted FOIA requests to the Department of Homeland Security for records concerning Operation Secure Line, an initiative to monitor the arrival of migrant caravans on the U.S.-Mexican border. NBC 7 San Diego also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests and granted NBC 7 San Diego’s requests for a fee waiver and expedited processing. The Reporters Committee for Freedom of the Press also submitted FOIA requests to the Department of Homeland Security for records referenced in NBC 7’s stories about Operation Secure Line. The Reporters Committee also requested inclusion in the news media fee category. The agency acknowledged receipt of the requests but did not address the Reporters Committee’s request for news media fee status. After hearing nothing further from the agency, both NBC 7 San Diego and the Reporters Committee filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW v. UNITED STATES OFFICE OF MANAGEMENT AND BUDGET (filed Apr 22, 2019)
   The Lawyers’ Committee for Civil Rights Under Law submitted a FOIA request to OMB for records concerning the extent of influence by financial industry representatives on OMB Director Mick Mulvaney while he was temporarily in charge of the Consumer Financial Protection Bureau. The Lawyers’ Committee also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Lawyers’ Committee filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
3. Kuntz v. Department of Justice (filed Apr 22, 2019)
   Riley Kuntz submitted a FOIA request to the FBI for his criminal history records. Kuntz also requested expedited processing. The agency denied his request for expedited processing. The FBI then denied his request. Kuntz filed an administrative appeal, but after hearing nothing further from the agency, Kuntz filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs, Litigation – Vaughn index
4. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. FISH AND WILDLIFE SERVICE (filed Apr 23, 2019)
   The Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning border walls or barriers. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. SPARACINO PLLC v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 23, 2019)
   Sparacino PLLC, a law firm representing individuals who were injured as the result of terrorist attacks in Iraq, submitted four FOIA requests to the Department of Health and Human Services for records concerning corruption at the Iraqi Ministry of Health, including payments by medical service providers to obtain contracts, money which was allegedly used in part to finance terrorist attacks. The agency acknowledged receipt of the requests. However, after hearing nothing further from the agency pertaining to any of the four requests, Sparacino PLLC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Jimenez et al v. Department of Homeland Security et al (filed Apr 23, 2019)
   Ivan Jimenez, Juan Machado, Josi Munoz, Guillermo Sencion, and Miguel Vasquez submitted FOIA requests to the Department of Homeland Security for records from the Office of Biometric Identity Management about themselves. They also filed requests with the Department of State for records about themselves. After hearing nothing further from either agency, Jimenez and the others filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. American Civil Liberties Union of Massachusetts et al v. Department of Homeland Security (filed Apr 23, 2019)
   The ACLU of Massachusetts and American Oversight submitted FOIA requests to the Department of Homeland Security for records concerning a border security plan submitted to Congress. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU of Massachusetts and American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. COLE v. COPAN et al (filed Apr 24, 2019)
   David Cole submitted a FOIA request to the National Institute for Standards and Technology for records concerning structural analyses of Column 79 of the World Trade Center Building 7 as part of the study of the collapse of the building in the aftermath of 9/11. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes) citing the National Construction Safety Team Act. Cole filed an administrative appeal of the decision. The agency upheld its initial denial. Cole then filed suit.
   Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
9. FRANK LLP v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Apr 24, 2019)
   The law firm of Frank LLP submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning the agency’s findings as reflected in its complaint filed against the National Collegiate Student Loan Trust. The agency acknowledged receipt of the request. The agency denied the request under Exemption 4 (confidential business information), Exemption 7(A) (interference with ongoing investigation or proceeding), and Exemption 7(E) (investigative methods and techniques). Frank LLP filed an administrative appeal of the denial. The agency upheld its original denial on the basis of Exemption 7(A) and 7(E). Frank LLP then filed suit.
   Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
10. Stone v. United States Department of Justice (filed Apr 24, 2019)
    Gerald Stone submitted a FOIA request to the Department of Justice for records concerning the Community Housing Fund. The agency acknowledged receipt of the request. The agency told Stone that it found no responsive records. Stone filed an administrative appeal of that decision. The agency acknowledged receipt of the appeal and upheld its initial decision. Stone then filed suit.
    Issues: Litigation – Attorney’s fees
11. Sierra Club v. Department of Energy (filed Apr 25, 2019)
    The Sierra Club submitted a FOIA request to the Department of Energy for records concerning Bernard McNamee’s activities during his two periods of employment by the agency. McNamee an oil lobbyist, was appointed by President Trump to serve as a commissioner on the Federal Energy Regulatory Commission. The Sierra Club also requested a fee waiver. The agency acknowledged receipt of the request and granted the Sierra Club’s request for a fee waiver. After hearing nothing further from the agency, the Sierra Club filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
12. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF TRANSPORTATION et al (filed Apr 25, 2019)
    Democracy Forward Foundation submitted FOIA requests to the Department of Transportation and the Federal Aviation Administration for records concerning communications between specified agency officials and individuals representing Airlines for America. DFF also requested a fee waiver. The agencies acknowledged receipt of the requests. However, 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, Public Interest Fee Waiver
13. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF AGRICULTURE (filed Apr 25, 2019)
    American Oversight submitted two FOIA requests to the Department of Agriculture. The first FOIA request asked for records concerning conflict of interest issues presented by Secretary Sonny Perdue’s business interests. AO’s second FOIA request asked for records concerning communications between agency officials and Sen. David Perdue. The agency acknowledged receipt of both requests but after hearing nothing further from the agency pertaining to either request, AO filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. PHILLIPS v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Apr 26, 2019)
    Joshua Phillips, a journalist, submitted a FOIA request to the Department of Homeland Security for records of investigations from June 28, 2018 to the present that refer to family separation in the summary. Phillips submitted a second FOIA request for the same records from January 2017 to December 2017. After hearing nothing further from the agency, Phillips filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Kelley v. Wilkie et al (filed Apr 26, 2019)
    Brandon Kelley submitted a FOIA request to the Department of Veterans Affairs for records concerning his disability claim. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Kelley filed an administrative appeal, which was denied. He then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• WARREN v. SECURITIES AND EXCHANGE COMMISSION (filed Apr 18, 2019)