FRANK LLP v. CONSUMER FINANCIAL PROTECTION BUREAU and 16 other new FOIA lawsuits
We have added 91 documents from 16 FOIA cases filed between April 3, 2016 and April 9, 2016. 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.
- FRANK LLP v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Apr 8, 2016)
Frank LLP, a law firm representing plaintiffs in a class action suit alleging unfair debt collection practices, submitted a FOIA request to the Consumer Financial Protection Bureau for records supporting the agency’s statement that there were 35,000 lawsuits against Entity, the company the law firm was suing. The agency denied the request based on Exemption 4 (confidential business information). Frank LLP appealed the denial and the agency decided to abandon the Exemption 4 claim and withheld the records instead under Exemption 7(E) (investigative methods and techniques). Frank LLP filed a complaint with OGIS, but after OGIS told Frank LLP that CFPB declined to participate in mediation, the law firm filed suit.
Issues: Exemption 7(E) – Investigative methods or techniques, Litigation – Attorney’s fees, Litigation – Vaughn index - Save Our Recreation et al v. Department of the Interior et al (filed Apr 5, 2016)
Save Our Recreation and the San Francisco Dog Owners Group submitted a FOIA request to the National Park Service for records concerning a proposed rule the groups believed would restrict access for dog owners in Golden Gate National Recreation Area. After a number of inquiries about the status of their request, the agency provided a partial response. However, after hearing nothing more substantive from the agency, Save Our Recreation filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - EARLE v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Apr 4, 2016)
Vernon Earle, a prisoner convicted of murder, submitted a FOIA request to the Executive Office for U.S. Attorneys for the tax number of the grand jury in the District of Columbia that indicted him. The agency told Earle that grand jury materials were exempt under Exemption 3 (other statutes). Earle filed an appeal. The Office of Information Policy upheld the agency’s decision, indicating that no record of the grand jury’s tax number had been found. Earle then filed suit.
Issues: Adequacy – Search - ROCKWOOD v. FEDERAL BUREAU OF PRISONS (filed Apr 4, 2016)
Paul Rockwood, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records concerning the agency’s decision not to move Rockwood to a halfway house. The agency located five pages of responsive records and withheld them under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(F) (harm to any person). Rockwood filed an appeal with the Office of Information Policy. OIP provided four pages to Rockwood and withheld the remaining page. Rockwood then filed suit.
Issues: Exemption 7 – Law enforcement records - DONATO v. EXECUTIVE OFFICE UNITED STATES ATTORNEYS et al (filed Apr 4, 2016)
Anthony Donato, a federal prisoner, submitted FOIA requests to the Executive Office for U.S. Attorneys, the FBI, and the Bureau of Prisons for records related to what Donato referred to as a phony murder conspiracy. EOUSA indicated that it would take 55 hours to search potentially responsive records. The FBI issued Donato a Glomar response neither confirming nor denying the existence of records, and BOP failed to respond to several of Donato’s requests. He appealed the delays and denials to OIP without success. He then filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - ELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES DEPARTMENT OF TRANSPORTATION (filed Apr 4, 2016)
EPIC submitted a FOIA request to the Department of Transportation for records concerning the November 2015 meeting of the Unmanned Aircraft System Registration Task Force. After hearing nothing further from the agency, EPIC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - CORNUCOPIA INSTITUTE v. AGRICULTURAL MARKETING SERVICE (filed Apr 7, 2016)
The Cornucopia Institute submitted a FOIA request to the Agricultural Marketing Service for records of investigations conducted by the National Organic Program of three named individuals. The agency located 119 pages. The agency disclosed 28 pages in full, 78 pages in part, and withheld 13 pages. The Cornucopia Institute filed an appeal, but after hearing nothing further from the agency, the Cornucopia Institute filed suit
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - FRIENDS OF ANIMALS et al v. BUREAU OF LAND MANAGEMENT et al (filed Apr 8, 2016)
Friends of Animals submitted a FOIA request to the Bureau of Land Management for records concerning the agency’s decision to re-issue a land use permit to the Over the River Corporation to construct an art project covering 5.9 miles of the Arkansas River. The agency withheld several pages under Exemption 3 (other statutes). The agency also withheld 45 pages in full and 243 pages in part under Exemption 5 (privileges). Friends of Animals filed an appeal of the agency’s denial, but the agency had not responded by the time Friends of Animals filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CORNUCOPIA INSTITUTE v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Apr 8, 2016)
The Cornucopia Institute submitted a FOIA request to the Department of Agriculture for records concerning the job performance of Agriculture Marketing Service Deputy Administrator Miles McEvoy. The agency redacted information under Exemption 6 (invasion of privacy). The Cornucopia Institute filed an administrative appeal, but after hearing nothing further from the agency, the Cornucopia Institute filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - GELLMAN v. DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 4, 2016)
Journalist Barton Gellman submitted FOIA requests to the Department of Homeland Security, the Department of Justice, the Office of the Director of National Intelligence, and other agencies for records pertaining to him as part of his research for a book on government collection of data about journalists. For each request, he asked for expedited processing. None of the agencies had responded to his request by the time he filed suit. For several requests he appealed the agency’s failure to respond and also appealed to the Office of Government Information Services. After none of the agencies had yet responded, Gellman filed suit.
Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Public Interest Fee Waiver - Fidell v. Army (filed Apr 5, 2016)
Eugene Fidell, representing Sgt Bowe Bergdahl in his court martial, submitted a FOIA request to the Department of the Army for communications between the agency and the Senate Armed Services Committee pertaining to Bergdahl. Fidell indicated that he was willing to pay up to $1,000 in fees. The agency disclosed some materials primarily redacted under Exemption 5 (privileges). Fidell filed an administrative appeal, but after hearing nothing further from the agency, Fidell filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - SIMON v. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Apr 5, 2016)
James Simon, a federal prisoner, submitted multiple FOIA requests to the Executive Office for U.S. Attorneys for records about himself, his deceased wife, and DOJ prosecutions. After contacting the agency several times about his requests, the agency indicated his requests were too vague. After attempting to clarify the requests, Simon still had not received a response from the agency and filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - COFFEY v. BUREAU OF LAND MANAGEMENT (filed Apr 7, 2016)
Debbie Coffey submitted a FOIA request to the Bureau of Land Management for emails to or from Sally Spencer and other staff working as marketing and outreach specialists pertaining to the agency’s wild horse and burro program. Coffey also asked for a fee waiver. The agency denied her fee waiver request and indicated the cost of processing the request would be $2,440. Coffey sent the agency a check for $2,440. The agency then told Coffey it was redacting 240 pages. Coffey then requested a refund of her fees and appealed the agency’s decision. She then filed suit.
Issues: Failure to respond within statutory time limit, Fees – Advance Payment, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Apr 7, 2016)
Judicial Watch submitted a FOIA request to the FBI for records pertaining to Muhammad al-Hanooti, an individual who had been born in Palestine but lived in Virginia at the time of his death in June 2015. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Apr 7, 2016)
Judicial Watch submitted a FOIA request to the Department of State for records concerning any contracts or grants awarded or administered by the Office of Weapons Removal and Abatement for work conducted or planned for Libya. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Sharkey v. Federal Bureau of Investigation (filed Apr 8, 2016)
John Sharkey had made allegations to the FBI in 2009 of insider trading. He filed this suit against the FBI to obtain records about the results of the investigation.
Issues: Failure to respond within statutory time limit
In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.
- JAYNE v. U.S. DEPARTMENT OF JUSTICE et al (filed Apr 1, 2016)
Michael Jayne, a federal prisoner, submitted FOIA requests to the Executive Office for U.S. Attorneys, the Bureau of Alcohol, Tobacco and Firearms, and the U.S. Marshals Service for records about himself and his conviction. None of the agencies had responded so Jayne ultimately filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Recovery of Costs
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