64 new FOIA court documents, plus case descriptions

We have added 64 documents from 9 FOIA cases filed between September 28, 2014 and October 4, 2014. 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. Our Children's Earth Foundation et al v. National Marine Fisheries Service et al (filed Sep 28, 2014)
   Our Children’s Earth Foundation and Ecological Rights Foundation submitted two FOIA requests to the National Marine Fisheries Service for records concerning the agency’s oversight of Stanford University operations and infrastructure that adversely impact steelhead trout, an endangered species. NMFS provided an interim response that included 31 documents and identified another 10 documents that originated from the U.S. Army Corps of Engineers. In response to it second request, NMFS identified 161 documents and referred another 10 documents to the Corps of Engineers. After the agency failed to provide any further records, the Foundations filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. FRANCIS et al v. FEDERAL HOUSING FINANCE AUTHORITY (filed Sep 29, 2014)
   Michael and Carmen Francis, residents of Indianapolis, submitted a FOIA request to the Federal Housing Finance Authority for records concerning their mortgage. The agency responded by indicating that the information Francis sought was not an agency record because it originated with a company over which the agency had only temporary conservatorship. Francis appealed by asking the agency to state whether Fannie Mae had assigned their mortgage to a lender in 2013. The agency said it considered the Francis’ appeal but could find no responsive records. The Francis’ then filed suit.
   Issues: Agency Record, Litigation – Attorney’s fees, Litigation – Vaughn index
3. Texas Roadhouse, Inc. et al v. Equal Employment Opportunity Commission (filed Sep 30, 2014)
   Texas Roadhouse, Inc. submitted two FOIA requests to the Equal Employment Opportunity Commission. The first request was for records concerning the funds spent by the agency investigating and litigating a case against Texas Roadhouse. The agency acknowledged receipt of the request. The parties had several email exchanges, but the agency did not provide any further response to the request. The second request was for all age discrimination complaints or investigations involving Texas Roadhouse. The agency acknowledged receipt of the request, but although Texas Roadhouse made several inquiries about the status of its request, the agency did not provide any further response to the second request. Texas Roadhouse then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Sanctions – Referral to Special Counsel
4. Consumers Council of Missouri v. Department of Health and Human Services (filed Sep 30, 2014)
   The Consumers Council of Missouri submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning the companies offering insurance in Missouri under the Affordable Care Act, the rates charged, and any non-exempt information filed by the insurers. The Council also requested expedited processing and a fee waiver. After hearing nothing further from the agency, the Council filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. Estate of Ghais Abduljaami v. U.S. Department of State (filed Sep 30, 2014)
   The Estate of Ghais Abduljaami submitted a FOIA request to the Department of State for records concerning Abduljaami’s death as a result of a fall in Koln, Germany. The agency acknowledged receipt of the request and indicated that it was searching for records at the U.S. Consulate in Frankfurt. The agency also provided an estimated date of completion of May 2014. After hearing nothing further from the agency, the Estate filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Andreini et al v. United States of America Air Force (filed Oct 1, 2014)
   The Andreini family submitted a FOIA request to Travis Air Force Base for records concerning the “Thunder Over Solano” air show in May 2014 that resulted in the death of Edward Andreini in a plane crash. The agency acknowledged receipt of the request and the parties exchanged several emails, but after the agency failed to respond further, the Andreinis filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
7. ELECTRONIC PRIVACY INFORMATION CENTER v. CENTRAL INTELLIGENCE AGENCY (filed Oct 1, 2014)
   EPIC submitted a FOIA request to the CIA for the final report of the CIA Inspector General concerning the agency’s surveillance of the Senate Intelligence Committee. EPIC also requested expedited processing, inclusion in the news media fee category, and a public interest fee waiver. After hearing nothing further from the agency, EPIC filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. AMBUSH v. U. S. DEPARTMENT OF STATE (filed Oct 3, 2014)
   Joshua Ambush submitted a request to the Department of State for records concerning the case of Vega-Franqui v. Syrian Arab Republic. The agency responded to the request by disclosing 40 records in full, three with redactions, and withheld seven records entirely, which were withheld under Exemption 6 (invasion of privacy). Ambush appealed and the agency advised Ambush that since it had not responded within 20 days he was free to file suit. Ambush then filed suit.
   Issues: Exemption 6 – Invasion of privacy, Litigation – Attorney’s fees
9. Brigido Acosta Luis v. Johnson et al (filed Oct 4, 2014)
   Brigido Acosta-Luis, a resident alien married to an American citizen, was subject to removal proceedings to Mexico. He submitted a FOIA request to U.S. Citizenship and Immigration Services for his alien file. The agency identified 327 pages and released 115 pages in full and 43 pages in part, and withheld 40 pages entirely. It also referred 129 pages to Immigration and Customs Enforcement. USCIS withheld records under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Acosta-Luis appealed the USCIS decision and the agency made a partial release of five pages of the 40 pages withheld entirely. Acosta-Luis heard nothing further from ICE and filed suit.
   Issues: Exemption 6 – Invasion of privacy, Exemption 7(C) – Invasion of privacy concerning law enforcement records, Exemption 7(E) – Investigative methods or techniques, Failure to respond within statutory time limit, Litigation – Attorney’s fees