PARTNERSHIP FOR CIVIL JUSTICE FUND v. UNITED STATES DEPARTMENT OF THE INTERIOR et al and 10 other new FOIA lawsuits

We have added 51 documents from 9 FOIA cases filed between July 31, 2016 and August 6, 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.

1. PARTNERSHIP FOR CIVIL JUSTICE FUND v. UNITED STATES DEPARTMENT OF THE INTERIOR et al (filed Aug 3, 2016)
   The Partnership for Civil Justice Fund submitted FOIA requests to the National Park Service and the General Services Administration for records concerning the use of public forum space abutting the Old Post Office Building in Washington, D.C., which is currently being developed as Trump International Hotel. The agencies acknowledged receipt of the requests and told the Partnership that the requests were considered voluminous in scope. The Partnership heard nothing further from the agencies and filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. HALL v. U.S. DEPARTMENT OF JUSTICE et al (filed Aug 5, 2016)
   Calvin Hall, a federal prisoner, submitted a FOIA request to the Department of Justice for records about himself. After hearing from none of the various DOJ components, Hall filed suit.
   Issues: Failure to respond within statutory time limit
3. LOCKETT v. COMEY (filed Aug 5, 2016)
   Rodney Lockett, a state prisoner, submitted a FOIA request to the FBI for records concerning himself. The agency denied his request and Lockett appealed. His appeal was denied. He also sought mediation from the Office of Government Information Services. Lockett then filed suit.
   Issues: Exemption 7 – Law enforcement records
4. The New York Times Company et al v. Office of the Director of National Intelligence et al (filed Aug 2, 2016)
   New York Times Reporter Charlie Savage submitted FOIA requests to the Office of the Director of National Intelligence and the Department of Justice for records concerning threat assessments of Guantanamo Bay detainees produced by a six-agency task force. Both ONDI and DOJ told Savage they would not be able to respond within the statutory deadline. After hearing nothing further from the agencies, Savage filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. The New York Times Company et al v. U.S. Department of Housing and Urban Development (filed Aug 3, 2016)
   Reporter Gretchen Morgenson submitted a FOIA request to the Department of Housing and Urban Development for copies of appointment calendars for former HUD Secretary Shaun Donovan from January 2009 to July 2014. The agency located only two calendars. It told Morgenson that it did not maintain copies of appointment calendars for former Secretaries. Morgenson appealed, and HUD concluded the agency’s search was insufficient and remanded the request for another search. But after the agency failed to produce any more records after four months, the New York Times Company filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. DONGKUK INTERNATIONAL, INC. et al v. DEPARTMENT OF JUSTICE (filed Aug 4, 2016)
   Dongkuk International and Sae-Joo Chang submitted a FOIA request to the Department of Justice for a Request for Assistance letter from the Korean Justice Department to the U.S. Department of Justice pertaining to Korea’s prosecution of Chang and Dongkuk International. Chang’s U.S. attorneys were told that the agency could not disclose the letter because of a treaty with Korea. Dongkuk International appealed that decision, but after hearing nothing further from the agency concerning its appeal, Dongkuk International filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Aug 5, 2016)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning references in the OIG report pertaining to former Secretary of State Hillary Clinton’s use of emails relating to her staff’s reluctance to communicate as to whether they were printing and filing emails as well as records preservation requirements. 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
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Aug 5, 2016)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning Secretarial Transition Background Materials since 1997. 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
9. BURKE v. DEPARTMENT OF HOMELAND SECURITY (filed Aug 5, 2016)
   Darryl Burke, a federal prisoner, submitted a FOIA request to the Transportation Security Administration for records pertaining to himself and his co-defendant. The agency acknowledged receipt of his request, but after hearing nothing further from the agency, Burke filed suit.
   Issues: Failure to respond within statutory time limit

In addition, we have added 3 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Jackson v. Asst US Attorney's Office N/D IL (filed Jul 28, 2016)
• Shah v. United States Department of Justice et al (filed Mar 27, 2015)