Gawker Media, LLC et al v. FBI et al and 8 other new FOIA lawsuits, plus case descriptions

We have added 38 documents from 9 FOIA cases filed between May 17, 2015 and May 23, 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. Gawker Media, LLC et al v. FBI et al (filed May 19, 2015)
   Gawker Media submitted a FOIA request to the FBI for records concerning a 2012 investigation into the creation and dissemination of a video purporting to show Hulk Hogan engaged in a sexual affair with Heather Clem, the wife of his best friend. The FBI refused to process the request without a privacy waiver. Gawker eventually sued Hogan to obtain a waiver and a court ultimately forced Hogan to comply. Gawker then re-opened its request with the FBI. The FBI, after indicating it had located nearly 1200 pages of records and several CDs with video material, denied Gawker Media’s request under Exemption 7(A) (interference with ongoing investigation or proceeding). Gawker Media appealed and OIP upheld the FBI’s denial. Gawker Media also submitted a FOIA request to the Executive Office for U.S. Attorneys for records about the investigation. EOUSA acknowledged receipt of the request, but failed to respond further. Gawker Media then filed suit.
   Issues: Exemption 7(A) – Interference with ongoing investigation, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. White Arnold & Dowd P.C. v. Department of Justice (filed May 20, 2015)
   The law firm of White Arnold & Dowd submitted a FOIA request to the Office of Professional Responsibility at the Department of Justice concerning a former DOJ attorney. OPR told the law firm it would neither confirm nor deny the existence of records. The law firm appealed OPR’s decision to the Office of Information Policy. After hearing nothing further from OIP, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Edward Dean Hohner v. U.S. Department of Justice et al (filed May 18, 2015)
   Edward Dean Hohner, a prisoner, submitted a FOIA request to the FBI for records concerning a cell phone number that played a role in his trial. The agency told Hohner it found no records. Hohner appealed to the Office of Information Policy. After hearing nothing further from OIP, Hohner filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index
4. Edward Dean Hohner v. U.S. Department of Justice et al (filed May 18, 2015)
   Edward Dean Hohner, a prisoner, submitted a FOIA request to the FBI for records concerning the cell phone number of an individual who testified at his trial. The agency responded that it could find no records. Hohner appealed to the Office of Information Policy, but after hearing nothing further from OIP, Hohner filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index
5. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. ENVIRONMENTAL PROTECTION AGENCY (filed May 18, 2015)
   The Energy & Environment Legal Institute submitted a FOIA request to the EPA for records of communications sent by four named employees from October 2010 through March 2011, as well as cell phone invoices for those employees. EELI also requested a fee waiver. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limits, EELI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver, Time Limits – Tolling of fees
6. Cascadia Wildlands v. United States Forest Service (filed May 20, 2015)
   Cascadia Wildlands submitted a FOIA request to the U.S. Forest Service for records concerning forest management and wolves. Cascadia Wildlands also requested a fee waiver. The agency acknowledged receipt of the request and a series of exchanges took place, including the agency’s grant of a Cascadia Wildlands’ fee waiver. But after the agency had failed to respond, Cascadia Wildlands filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. GARCIA v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES et al (filed May 18, 2015)
   Armando Moya Garcia submitted a FOIA request to U.S. Citizenship and Immigration Services for his alien file. The agency disclosed 263 pages and referred other pages to U.S. Immigration and Customs Enforcement. However, the agency did not disclose a Form I-485A which Garcia claimed supported his claim for citizenship. Garcia appealed to OGIS, but OGIS found the USCIS did not have the record. Garcia then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
8. McCash v. Central Intelligence Agency et al (filed May 22, 2015)
   Tania McCash submitted FOIA requests to the CIA, the NSA, and the FBI for records about herself. The CIA denied her request. McCash appealed the agency’s decision and the CIA upheld its original decision on appeal. The NSA denied McCash’s request. She filed an appeal with the NSA, but heard nothing further from the agency. The FBI told McCash it found no records. McCash appealed the agency’s denial to OIP, which upheld the FBI’s original decision. McCash filed suit against all three agencies.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. Jarrell v. Secretary of Veterans Affairs et al (filed May 22, 2015)
   Stephen Jarrell filed suit against the Department of Veterans Affairs alleging numerous inaccuracies in his service record. Among his claims were that records were illegible or had not been produced.
   Issues: Adequacy – Search