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Nov 5 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 October 25, 2020 and October 31, 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. CAC 2:2019cv08872National Public Radio, Inc. et al v. Centers for Medicare and Medicaid Services et al

    • October 26, 2020: DISMISSAL ORDER by Judge Dale S. Fischer. Pursuant to Rule 41(a)(1)(A)(ii) of the FRCP and the separately filed stipulation [28] of the Parties, this action is dismissed with prejudice. (Made JS-6. Case Terminated.) (jp)
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Nov 3 20

September 2020 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of September 2020 federal district courts saw a total of 80 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 80 new filings compares with a monthly average of 67 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 807.

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.
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Oct 29 20

BUZZFEED INC. v. NATIONAL INSTITUTES OF HEALTH et al and 10 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 73 documents from 11 FOIA cases filed between October 18, 2020 and October 24, 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. BUZZFEED INC. v. NATIONAL INSTITUTES OF HEALTH et al (filed Oct 19, 2020)
    BuzzFeed sent a FOIA request to the National Institute of Health for records concerning communications to or from Kim Hasenkrug and Ken Pekoc of the NIAID/RML Facility regarding the use of humanized mice in Hasenkrug’s lab to study the corona virus reported by China to the World Health Organization. BuzzFeed amended its request read more…
Oct 29 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 October 18, 2020 and October 24, 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. CAN 3:2017cv01240Frost v. United States Department of Justice

    • October 23, 2020: ORDER TO SHOW CAUSE WHY ORDER DISMISSING UNSERVED DEFENDANTS AND FINAL JUDGMENT SHOULD NOT BE RE-ENTERED. Show Cause Response due by 11/23/2020. Signed by Judge Joseph C. Spero on October 23, 2020. (jcslc1S, COURT STAFF) (Filed on 10/23/2020) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Oct 26 20

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. POSTAL SERVICE and 20 other new FOIA lawsuits

by Harry Hammitt

We have added 107 documents from 18 FOIA cases filed between October 11, 2020 and October 17, 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. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. POSTAL SERVICE (filed Oct 13, 2020)
    Citizens for Responsibility and Ethics in Washington submitted a FOIA request to U.S. Postal Service for records concerning ethics agreements and guidance pertaining to Postmaster Paul DeJoy. CREW also requested a fee waiver. The agency acknowledged receipt of the request. The agency told CREW it had found 11 responsive pages but was withholding them all under Exemption 6 (invasion of privacy) read more…
Oct 26 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 October 11, 2020 and October 17, 2020. 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. CAE 2:2018cv00873Stanco et al v. Internal Revenue Service

    • October 16, 2020: ORDER signed by District Judge Troy L. Nunley on 10/15/2020 EXTENDING the deadline for Defendant to respond to Plaintiffs' First Amended Complaint to 11/2/2020. (Zignago, K.)
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Oct 16 20

CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY GARRISON, FORT HUACHUCA et al and 9 other new FOIA lawsuits

by Harry Hammitt

We have added 94 documents from 10 FOIA cases filed between October 4, 2020 and October 10, 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. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY GARRISON, FORT HUACHUCA et al (filed Oct 7, 2020)
    The Center for Biological Diversity submitted FOIA requests to U.S. Army Garrison, Fort Huachuca and U.S. Fish and Wildlife Services for records concerning the 2014 administrative record pertaining to future military operations at Fort Huachuca. Both agencies acknowledged receipt of the request. USAG asked CBD if it would accept access to the administrative record that was publicly available because of a 2016 lawsuit read more…
Oct 16 20

FOIA Activity: 18 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 18 decisions of a procedural or substantive nature filed between October 4, 2020 and October 10, 2020. These are associated with 17 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 3:2020cv01103Public Justice Foundation et al v. Farm Service Agency

    • October 5, 2020: ORDER GRANTING [28] PLAINTIFFS' MOTION CHALLENGING DEFICIENCIES IN FSAS REVISED SEARCH AND PRODUCTION. By Judge Alsup. Case Management Statement due by 11/12/2020. Telephonic Case Management Conference set for 11/19/2020 11:00 AM before Judge William Alsup. (whalc3, COURT STAFF) (Filed on 10/5/2020)
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Oct 16 20

CODEBREAKER FILMS LLC v. FEDERAL BUREAU OF INVESTIGATION et al and 14 other new FOIA lawsuits

by Harry Hammitt

We have added 86 documents from 14 FOIA cases filed between September 27, 2020 and October 3, 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. CODEBREAKER FILMS LLC v. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 30, 2020)
    Codebreaker Films, a documentary film production company, submitted a FOIA request to the FBI for records concerning audio or video images related to the agency’s investigation of Reality Winner. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding) read more…
Oct 16 20

FOIA Activity: 11 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 11 decisions of a procedural or substantive nature filed between September 27, 2020 and October 3, 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. DC 1:2014cv02156STOTTER v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT et al

    • October 3, 2020: MEMORANDUM OPINION, granting in part and denying in part Defendant's [17] Motion for Summary Judgment, and denying Plaintiff's [21] Cross-Motion for Summary Judgment. Signed by Judge Ketanji Brown Jackson on 10/03/2020. (lckbj2)
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