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Dec 4 20

FOIA Activity: 58 new FOIA court documents, plus case descriptions

by Harry Hammitt

We have added 56 documents from 10 FOIA cases filed between November 22, 2020 and November 28, 2020. 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. Hooker v. Department of Veterans Affairs (filed Nov 22, 2020)
    Carleton Hooker submitted a FOIA request to the Department of Veterans Affairs for records concerning a VA police investigative report pertaining to himself. The agency acknowledged receipt of the request. The agency disclosed a two-page copy of the report. Carleton filed an administrative appeal, claiming it was not the original report he had requested read more…
Dec 4 20

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 November 22, 2020 and November 28, 2020. 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. DC 1:2017cv01283JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF COMMERCE

    • November 25, 2020: MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 11/25/2020. (lcegs1)
  2. read more…

Dec 4 20

FOIA Activity: 63 new FOIA court documents, plus case descriptions

by Harry Hammitt

We have added 52 documents from 8 FOIA cases filed between November 15, 2020 and November 21, 2020. 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. First Look Media Works, Inc. et al v. U.S. Agency for Global Media (filed Nov 16, 2020)
    Lee Fang, an investigative reporter for The Intercept, submitted a FOIA request to the U.S. Agency for Global Media for records concerning policies implemented by recently appointed director Michael Pack that threatened the independence of journalists working for Voice of America, particularly his decision to terminate relationships with journalists in other countries read more…
Dec 4 20

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 November 15, 2020 and November 21, 2020. These are associated with 11 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. KYW 3:2019cv00056Hardin v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al

    • November 20, 2020: MEMORANDUM OPINION AND ORDER Signed by Judge David J. Hale on 11/20/2020 – Defendants' motion for judgment on the administrative record (D.N. [29] ) is GRANTED. A separate judgment will be entered this date. Hardin's motion for judgment on the administrative record (D.N. [30] ) is DENIED. (KD)
  2. read more…

Nov 19 20

NATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and 17 other new FOIA lawsuits

by Harry Hammitt

We have added 128 documents from 17 FOIA cases filed between November 8, 2020 and November 14, 2020. 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. NATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 12, 2020)
    Graham Smith, an investigative reporter for NPR, submitted a FOIA request to the Centers for Disease Control for records concerning defective test kits pertaining to the corona virus. Smith also requested expedited processing. The agency acknowledged receipt of the request. The agency located 574 pages of responsive records but withheld them entirely under Exemption 5 (privileges) and Exemption 7(A) (interference with ongoing investigation or proceeding) read more…
Nov 19 20

FOIA Activity: 9 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 9 decisions of a procedural or substantive nature filed between November 8, 2020 and November 14, 2020. 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. NYS 1:2016cv00387National Day Laborer Organizing Network et al v. United States Immigration and Customs Enforcement et al

    • November 13, 2020: ORDER: As plaintiffs agree that the parties' dispute as to these records is now moot, the Court hereby relieves the defendants of the directives in its decision related to these records. See Dkt. 187. Defendants also request that the Court modif y its order directing ICE to release the records identified as ICE Doc. Nos. 41-42, 50-52, and 83, and instead permit ICE to provide these six records to the Court for in camera review. Id. Defendants explain that because the Court has separately dir ected that records relating to the same or similar subject matterthe monitoring of the Priority Enforcement Program for civil rights issues by CRCLbe submitted for in camera review as part of DHS's production, the Court should consider these rec ords alongside the related DHS records. Id. Plaintiffs state that they "do not object to the Court reviewing, in camera, ICE Doc. Nos. 41-42, 50-52, and 83 to determine whether these documents (a) are the same or substantially similar to DHS Doc. Nos. 12, 13, and 25 and should be treated the same as DHS Doc. Nos. 12, 13, and 25; or (b) relate to the implementation of PEP and should be released per the Court's Opinion." Id. The Court therefore orders that Defendants submit these six records, ICE Doc. Nos. 41-42, 50-52, and 83, for in camera review. The Court gives defendants until Wednesday, November 18, 2020 to do so. (Signed by Judge Paul A. Engelmayer on 11/13/2020) (jwh)
  2. read more…

Nov 17 20

October 2020 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of October 2020 federal district courts saw a total of 59 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 59 new filings compares with a monthly average of 64 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 770.

The figure below provides a more detailed view of monthly trends during the past five years. The height of each bar reflects the number of filings in that month. To see the actual filing count mouse over any bar. The superimposed line over the bars is the moving 12-month average. It is computed by adding up the 12 months ending at a given month, and then dividing that total by 12 to obtain the monthly average over this period. Mousing over any bar also shows the calculated result for this moving average for that given month.
read more…

Nov 11 20

U.S. RIGHT TO KNOW v. NATIONAL INSTITUTES OF HEALTH and 10 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 87 documents from 11 FOIA cases filed between November 1, 2020 and November 7, 2020. 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. U.S. RIGHT TO KNOW v. NATIONAL INSTITUTES OF HEALTH (filed Nov 5, 2020)
    US Right to Know submitted a FOIA request to the National Institutes of Health for records concerning communications between federal employees mentioning keywords, such as Wuhan Institute of Virology. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding) read more…
Nov 11 20

FOIA Activity: 10 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 10 decisions of a procedural or substantive nature filed between November 1, 2020 and November 7, 2020. These are associated with 9 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. CAE 2:2018cv00873Stanco et al v. Internal Revenue Service

    • November 2, 2020: STIPULATION and ORDER [25] signed by District Judge Troy L. Nunley on 10/30/2020 POSTPONING the deadline for Defendant to respond to Plaintiffs' First Amended Complaint until after the Court rules on Plaintiffs' pending motion to amend the complaint.(Becknal, R)
  2. read more…

Nov 5 20

HUAWEI TECHNOLOGIES CO., LTD. et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al and 14 other new FOIA lawsuits

by Harry Hammitt

We have added 181 documents from 15 FOIA cases filed between October 25, 2020 and October 31, 2020. 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. HUAWEI TECHNOLOGIES CO., LTD. et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Oct 30, 2020)
    Huawei Technologies submitted FOIA requests to the Department of Homeland Security, the Department of Justice, the Department of State, the Department of Commerce, and the Department of Treasury for records concerning how U.S. China trade relations and the development of 5G technology may have influenced the U read more…
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