21 new FOIA court documents, plus case descriptions

We have added 21 documents from 5 FOIA cases filed between January 25, 2015 and January 31, 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. LEOPOLD v. DEPARTMENT OF STATE (filed Jan 25, 2015)
   Journalist Jason Leopold submitted a FOIA request to the Department of State for any records referring to or prepared for former Secretary of State Hillary Clinton. Leopold also requested expedited processing and a fee waiver. The agency granted his fee waiver, but denied his request for expedited processing. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. GOUDKOV v. U.S. CUSTOMS AND BORDER PROTECTION (filed Jan 26, 2015)
   Konstantin Goudkov submitted a FOIA request to U.S. Customs and Border Protection for his complete travel history. The agency acknowledged receipt of the request, but after hearing nothing further, Goudkov filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. Spearhead Roofing, LLC v. United States Department of Veterans Affairs (filed Jan 28, 2015)
   Spearhead Roofing was a subcontractor for improvements for a Department of Veterans Affairs project known as the RAMB Project at Eagle Point National Cemetery. Spearhead Roofing filed an action in the District Court for Southern California against the contractor, Kevcon, Inc, for recovery of payment. Spearhead Roofing submitted a FOIA request to the VA for records concerning Kevcon and Spearhead’s work on the Eagle Point project. After hearing nothing from the agency, Spearhead Roofing filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. Eames v. Administrative Committee of the Federal Register, The et al (filed Jan 28, 2015)
   Brady Eames submitted a FOIA request to the National Archives for records indicating the existence of a 2013 index for the Federal Register. The agency responded that such an index existed on its website and provided the location. Eames visited the website and was dissatisfied with the information available there. He appealed the agency’s decision, which was upheld. He eventually filed suit to force the Committee on the Federal Register to provide an online index.
   Issues: Withholding not related to exemption claims
5. The Law Office of James Holmes, P.C. v. U.S. Department of Labor (filed Jan 30, 2015)
   The Law Office of James Holmes, representing the family of Roberto Magdaleno, who had been killed when an oilfield pressure vessel ruptured near Orla, Texas, submitted a FOIA request to the Occupational Safety and Health Administration for records concerning the accident and its investigation. OSHA released 794 pages, but withheld a number of records under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Holmes appealed the agency’s decision, but after hearing nothing further from the agency, Holmes filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees