The New York Times Company et al v. United States Department of State and 8 other new FOIA lawsuits, plus case descriptions

We have added 43 documents from 9 FOIA cases filed between November 8, 2015 and November 14, 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. The New York Times Company et al v. United States Department of State (filed Nov 9, 2015)
   New York Times reporter Eric Lipton submitted a FOIA request to the Department of State for records concerning emails sent to or from several senior officials and five specific non-governmental email addresses. The agency acknowledged receipt of the request. After a year, Lipton inquired about the status of the request. He was told that the estimated date of completion was February 2016. He then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. THE DAILY CALLER NEWS FOUNDATION et al v. DEPARTMENT OF STATE (filed Nov 9, 2015)
   The Daily Caller News Foundation submitted a FOIA request to the Department of State for records concerning security and information technology training for senior officials at the agency. The Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Daily Caller News Foundation filed suit.
   Issues: Litigation – Attorney’s fees, Litigation – Jurisdiction – Failure to Respond
3. Blanca Marie Gomez v. Bureau of Indian Affairs Pacific Regional Office (filed Nov 10, 2015)
   Blanca Marie Gomez submitted an online FOIA request to the Bureau of Indian Affairs in August 2015. After the agency failed to respond, Gomez filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Nov 10, 2015)
   Judicial Watch submitted a number of FOIA requests to the Department of Homeland Security for records concerning funds spent on travel by the President and others requiring Secret Service protection. The agency acknowledged receipt of the requests, but after the agency failed to respond to any of the requests, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. ENERGY FUTURE COALITION et al v. OFFICE OF MANAGEMENT AND BUDGET et al (filed Nov 11, 2015)
   The Energy Future Coalition and the Urban Air Initiative submitted a FOIA request to OMB for records concerning tailpipe emissions, air toxics, aromatic hydrocarbons and other airborne particulate materials. The agency did not respond to their request and the Energy Future Coalition and the Urban Air Initiative filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. COLE v. MAY et al (filed Nov 12, 2015)
   David Cole submitted a FOIA request to the Federal Emergency Management Agency for records concerning the investigation of the collapse of the World Trade Center buildings on Sept. 11, 2001. Cole submitted a second request to FEMA which was transferred to the National Institutes for Standards and Technology. After both agencies failed to respond to the requests, Cole filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. Botts v. U.S. Commodity Futures Trading Commission (filed Nov 12, 2015)
   Michael Botts submitted a FOIA request to the Commodity Futures Trading Commission for all records in Comment File 92-10 concerning the New York Mercantile Exchange Proposal to Implement NYMEX ACCESS Electronic Trading System. The agency responded to Botts’ request, but withheld 120 pages. Botts appealed and the agency upheld its denial. Botts then complained to OGIS, but was unable to get anything further from the agency. He then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
8. Kawa v. United States Department of State (filed Nov 13, 2015)
   Larry Kawa submitted a FOIA request to the Department of State for records concerning communications between former Secretary of State Hillary Clinton and the White House between September 11, 2012 and September 18, 2012. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Kawa filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. Kathy Jones Skin Care, Inc. v. Internal Revenue Service (filed Nov 13, 2015)
   Kathy Jones Skin Care submitted a FOIA request to the IRS for its 2012 audit of the company. The agency responded by providing one page and indicating that was the only responsive document. Kathy Jones Skin Care filed an appeal and included a copy of the letter provided by the IRS agent who conducted the audit. The IRS responded with an appeal relating to David Escobar, not Kathy Jones Skin Care. The company then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees