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Jul 23 15

Seife v. United States Food and Drug Administration and 12 other new FOIA lawsuits, plus case descriptions

by FOIA Project Staff

We have added 79 documents from 13 FOIA cases filed between July 12, 2015 and July 18, 2015. 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. Seife v. United States Food and Drug Administration (filed Jul 14, 2015)
    Charles Seife, a professor of journalism at New York University, submitted a FOIA request to the FDA for records concerning the agency’s policy of embargoed press releases. The agency had several exchanges with Seife pertaining to his request and made a partial disclosure of records that were redacted under Exemption 5 (privileges) read more…
Jul 23 15

FOIA Activity: 8 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 8 decisions of a procedural or substantive nature filed between July 12, 2015 and July 18, 2015. 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. CAC 2:2015cv00319Los Angeles Times Communications LLC et al v. United States Department of Defense
    • July 17, 2015: ORDER DISMISSING CASE by Judge Dean D. Pregerson, re Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) 22. THE COURT having been notified of settlement of this matter by counsel, THE COURT ORDERS that this action be, and hereby is, dismissed with prejudice. Case Terminated. Made JS-6. (shb)
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Jul 16 15

Nasuti v. Kerry et al and 11 other new FOIA lawsuits, plus case descriptions

by FOIA Project Staff

We have added 48 documents from 12 FOIA cases filed between July 5, 2015 and July 11, 2015. 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. Nasuti v. Kerry et al (filed Jul 7, 2015)
    Matthew Nasuti, a former management advisor at the U.S. Embassy in Baghdad, was allegedly terminated by the State Department for exposing the use of inferior body armor for Embassy personnel and visiting members of Congress. He filed an action with the Merit Systems Protection Board, which was remanded twice by the Federal Circuit read more…
Jul 16 15

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 July 5, 2015 and July 11, 2015. These are associated with 6 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 3:2012cv04008American Civil Liberties Union of Northern California et al v. Department of Justice
    • July 8, 2015: ORDER GRANTING REQUEST TO CONTINUE CMC. Case Management Statement due by 9/3/2015. Case Management Conference set for 9/10/2015 10:00 AM. Signed by Judge Maria-Elena James on 7/8/2015. (cdnS, COURT STAFF) (Filed on 7/8/2015)
    • July 9, 2015: Please disregard – duplicate order. See Dkt. No. 80.
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Jul 9 15

54 new FOIA court documents

by FOIA Project Staff

We have added 54 documents from 8 FOIA cases filed between June 28, 2015 and July 4, 2015. 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. Gary Ball Jr. v. U.S. Department of Justice (filed Jun 29, 2015)
  2. read more…

Jul 9 15

FOIA Activity: 12 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 12 decisions of a procedural or substantive nature filed between June 28, 2015 and July 4, 2015. These are associated with 10 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 3:2013cv05439Bothwell v. Brennan
    • June 30, 2015: ORDER re [47] Status Report filed by Central Intelligence Agency. Signed by Magistrate Judge Jacqueline Scott Corley on 6/30/2015. (ahm, COURT STAFF) (Filed on 6/30/2015) (Additional attachment(s) added on 6/30/2015: # 1 Certificate of Service) (ahm, COURT STAFF).
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Jul 2 15

Sightline Institute v. United States Bureau of Industry and Security and 13 other new FOIA lawsuits, plus case descriptions

by FOIA Project Staff

We have added 79 documents from 14 FOIA cases filed between June 21, 2015 and June 27, 2015. 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. Sightline Institute v. United States Bureau of Industry and Security (filed Jun 25, 2015)
    The Sightline Institute, a research center in Seattle whose mission is to make the Northwest a model of global sustainability, submitted a FOIA request to the Bureau of Industry and Security, a component of the Department of Commerce charged with implementing the general ban on crude oil exports, for records regarding new developments regarding condensate, a light form of crude oil read more…
Jul 2 15

FOIA Activity: 8 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 8 decisions of a procedural or substantive nature filed between June 21, 2015 and June 27, 2015. 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. CAN 3:2010cv03759The American Civil Liberties Union of North California et al v. Federal Bureau of Investigation
    • June 24, 2015: STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 6/24/15. (cl, COURT STAFF) (Filed on 6/24/2015)
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Jun 29 15

CIA: Going for the Catch 22 Prize

by David Burnham

1024px-CIA.svgFive months ago, the Transactional Records Access Clearinghouse at Syracuse University submitted a request under the Freedom of Information Act to the Central Intelligence Agency (CIA). TRAC, as we are known, was not seeking classified information. Rather, we asked for records about the FOIA requests the agency had received since October 1, 2012; information that by law the agency is required to maintain for its annual reports to the public and Congress.

On June 9, 2015 – after multiple attempts, including another TRAC request for more timely information and a brief conversation with an individual in the agency’s FOIA office who refused to give us his last name – the agency dropped its bomb.

In a brief letter fully worthy of the Catch 22 prize, the CIA said it was “declining to process” one of our appeals on the grounds that the CIA had not extended to TRAC the right to have an administrative appeal. Michael Lavergne, an Information and Privacy Coordinator closed his letter about this decision by declaring we “regret that we cannot be of further assistance to you.”

Anne Weismann, a nationally respected FOIA litigator, said the agency’s unilateral decision to end our appeal rights was “bizarre.” The response to TRAC’s request, she said, “is obstructionist and ignores both the letter and the spirit of the law.”

read more…

Jun 25 15

ADVOCATES FOR HIGHWAY AND AUTO SAFETY v. FEDERAL HIGHWAY ADMINISTRATION and 10 other new FOIA lawsuits, plus case descriptions

by FOIA Project Staff

We have added 61 documents from 11 FOIA cases filed between June 14, 2015 and June 20, 2015. 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. ADVOCATES FOR HIGHWAY AND AUTO SAFETY v. FEDERAL HIGHWAY ADMINISTRATION (filed Jun 16, 2015)
    Advocates for Highway and Auto Safety submitted a FOIA request to the Federal Highway Administration for records concerning the ET-Plus end terminal guardrail. Advocates also asked for a fee waiver. The agency granted a partial fee waiver and Advocates appealed that decision, which was upheld by the agency read more…