Skip to content
Dec 14 18

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 December 2, 2018 and December 8, 2018. 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 3:2018cv05621Diaz v. San Diego Police Department et al

    • December 6, 2018: ORDER DISMISSING ACTION WITHOUT PREJUDICE. Signed by Judge Maxine M. Chesney on December 6, 2018. (mmclc2, COURT STAFF) (Filed on 12/6/2018) (Additional attachment(s) added on 12/6/2018: # 1 Certificate/Proof of Service) (mllS, COURT STAFF).
  2. read more…

Dec 6 18

AMERICAN CIVIL LIBERTIES UNION et al v. CENTRAL INTELLIGENCE AGENCY and 17 other new FOIA lawsuits

by Harry Hammitt

We have added 145 documents from 17 FOIA cases filed between November 25, 2018 and December 1, 2018. 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. AMERICAN CIVIL LIBERTIES UNION et al v. CENTRAL INTELLIGENCE AGENCY (filed Nov 29, 2018)
    The ACLU submitted a FOIA request to the CIA for records concerning the agency’s influence campaign to support the nomination of Gina Haspel by declassifying select documents for the Senate and Haspel’s potential conflict of interest in serving as the declassification authority for records about her actions read more…
Dec 6 18

FOIA Activity: 6 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 6 decisions of a procedural or substantive nature filed between November 25, 2018 and December 1, 2018. 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. CAS 3:2015cv00452Smart-Tek Service Solutions Corp. v. United States Internal Revenue Service

    • November 26, 2018: ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTIOIN FOR SUMMARY JUDGMENT re [42] , [43] Signed by Judge Barry Ted Moskowitz on 11/26/2018. (sjm) (sjt).
  2. read more…

Nov 29 18

Southern Poverty Law Center et al v. United States Department of Justice et al and 5 other new FOIA lawsuits

by Harry Hammitt

We have added 55 documents from 6 FOIA cases filed between November 18, 2018 and November 24, 2018. 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. Southern Poverty Law Center et al v. United States Department of Justice et al (filed Nov 20, 2018)
    The Southern Poverty Law Center and the Lambda Legal Defense and Education Fund submitted FOIA requests to the Department of Justice for records concerning the Change Notice pertaining to prison management and security in housing transgendered individuals. Several DOJ components the Civil Division and the Civil Rights Division told SPLC that they found no responsive records read more…
Nov 29 18

FOIA Activity: 4 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 4 decisions of a procedural or substantive nature filed between November 18, 2018 and November 24, 2018. These are associated with 4 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. CAS 3:2015cv00455American Marine, LLC v. United States Internal Revenue Service

    • November 20, 2018: ORDER denying [41] Motion for Summary Judgment; granting [45] Motion for Summary Judgment. Signed by Judge Barry Ted Moskowitz on 11/19/2018. (sjm)
  2. read more…

Nov 29 18

PROTECT DEMOCRACY PROJECT, INC. v. THE U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, plus case descriptions

by Harry Hammitt

We have added 104 documents from 15 FOIA cases filed between November 11, 2018 and November 17, 2018. 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. PROTECT DEMOCRACY PROJECT, INC. v. THE U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION (filed Nov 15, 2018)
    Protect Democracy Project submitted a FOIA request to the Civil Rights Division of the Department of Justice for records concerning communications with President Trump and other government officials or groups concerning the need for a citizenship question for the 2020 Census. The agency acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding), citing the ongoing litigation over the proposed citizenship question read more…
Nov 29 18

FOIA Activity: 6 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 6 decisions of a procedural or substantive nature filed between November 11, 2018 and November 17, 2018. 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. AZ 4:2016cv00527Center for Biological Diversity v. United States Fish and Wildlife Service

    • November 15, 2018: ORDER: Intervenor Applicant National Association for Biomedical Research's Expedited Motion to Intervene for Purpose of Appeal (Doc. [73] ) is GRANTED; NABRs Motion to Stay Judgment Pending Appeal (Doc. [74] ) is GRANTED; and NABRs Expedited Motion for Extension of Time to Appeal (Doc. [77] ) is DENIED AS MOOT. Signed by Magistrate Judge Bruce G Macdonald on 11/15/2018. (SIB)
  2. read more…

Nov 15 18

BUZZFEED, INC. et al v. FEDERAL BUREAU OF INVESTIGATION and 16 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 86 documents from 14 FOIA cases filed between November 4, 2018 and November 10, 2018. 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. et al v. FEDERAL BUREAU OF INVESTIGATION (filed Nov 7, 2018)
    BuzzFeed reporter Jason Leopold submitted a FOIA request to the FBI for records concerning the final report and investigation of allegations against Supreme Court nominee Brett Kavanaugh. Leopold also requested expedited processing. The agency acknowledged receipt of the request and granted Leopold’s request for expedited processing read more…
Nov 15 18

FOIA Activity: 6 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 6 decisions of a procedural or substantive nature filed between November 4, 2018 and November 10, 2018. 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 4:2018cv00044The Center for Investigative Reporting (CIR) v. Department of Homeland Security

    • November 6, 2018: STIPULATION AND ORDER AS MOFIFIED re [27] STIPULATION WITH PROPOSED ORDER Re Case Management Conference filed by The Center for Investigative Reporting, United States Department of Homeland Security. ***Deadlines terminated. [27] STIPULATION WITH PROPOSED ORDER Re Case Management Conference filed by The Center for Investigative Reporting, United States Department of Homeland Security. Case Management Statement due by 12/31/2018. Further Case Management Conference set for 1/22/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 11/6/18. (sisS, COURT STAFF) (Filed on 11/6/2018)
  2. read more…

Nov 12 18

Annual Report: FOIA Lawsuits Reach Record Highs in FY 2018

by Christine Mehta

Freedom of Information Act (FOIA) lawsuits continued to break record highs in FY 2018. According to case-by-case court records, 860 FOIA lawsuits were filed in FY 2018 against government agencies. In addition, the backlog of FOIA suits waiting to be decided rose to 1,204 cases, an all-time high.

Figure 1. FOIA Litigation Reaches Record Highs in FY 2018

Figure 1

Compared to an average of 402 FOIA suits per year during the Obama Administration, the rate of filing since President Trump assumed office has more than doubled. While suits rose during the latter years of the Obama Administration, the 860 suits filed in FY 2018, represent a 67 percent increase over filings during the last full fiscal year of the Obama Administration.

Although not the only factor, a notable pattern emerging during FY 2017 and 2018 is the rising number of nonprofit filers. In FY 2018, nonprofits comprised 56 percent of all FOIA lawsuits brought against the government. Nonprofits became increasingly active under the Obama Administration, but emerged as the majority of all FOIA lawsuit plaintiffs after President Trump took office. In FY 2016, nonprofit filers comprised just 36 percent of plaintiffs, whereas they comprised 50 percent or more in FY 2017 and FY 2018 (see previous report, “FOIA Suits Filed by Nonprofit/Advocacy Groups Have Doubled Under Trump”). Suits filed by reporters and news organizations also have been increasing.

FY 2018 FOIA Lawsuits App

Accompanying this report, FOIAproject.org has just updated the period covered by the project’s FOIA Lawsuits App. This free user tool allows the public to drill into these numbers to track FOIA litigation trends over time.

Available are trends not only on new suits filed, but also on how long suits have taken to complete. The backlog of FOIA cases currently pending before federal district courts is also detailed, along with how long cases have been waiting resolution.

Users can examine overall figures, or drill in by government department, by agencies within departments, and by independent agencies.

read more…

Skip to toolbar