FOIA Activity: 102 new FOIA court documents, plus case descriptions
We have added 100 documents from 16 FOIA cases filed between October 21, 2018 and October 27, 2018. 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.
- The Complete Logistics Company, Inc. v. Internal Revenue Service (filed Oct 26, 2018)
The Complete Logistics Company submitted three FOIA requests to the IRS for records concerning the agency’s investigation of the company. The agency acknowledged receipt of the requests. It disclosed 304 pages in response to the company’s first request. Its second and third requests were for an Activity Record. The agency responded to the second request by telling the company that it found no responsive records. After hearing nothing further from the agency concerning its third request, the company filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. GENERAL SERVICES ADMINISTRATION et al (filed Oct 23, 2018)
American Oversight submitted FOIA requests to the General Services Administration, OMB, the FBI, and the Department of Justice for records concerning three meetings discussing the FBI Headquarters Consolidation Project. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF DEFENSE (filed Oct 24, 2018)
The Center for Public Integrity submitted FOIA requests to the Department of Defense for records concerning Keith Payne and the National Institute for Public Policy. Two requests were for records concerning the 2018 Nuclear Posture Review. The other requests were for records concerning a national security program at Missouri State University. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, CPI filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF VETERANS AFFAIRS et al (filed Oct 25, 2018)
American Oversight submitted FOIA requests to the Department of Veterans Affairs for communications between agency officials and Isaac Perlmutter, Bruce Moskowitz, or Jared Kushner. The agency acknowledged the requests, provided a partial response, and told American Oversight that 56 pages had been referred to the White House for review. American Oversight also requested communications pertaining to a broader group of recipients. American Oversight also submitted a FOIA request to the Department of Defense for records concerning communications between three DOD officials pertaining to the Concerned Veterans of America. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF ENERGY (filed Oct 25, 2018)
Democracy Forward Foundations submitted a FOIA request to the Department of Energy for records concerning the approval process for issuance and cancellation of DOE’s Solar Energy Technology Office FOA FY 2018. DFF also requested a fee waiver. The agency acknowledged receipt of the request and granted DFF’s request for a fee waiver. After hearing nothing further from the agency, DFF filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - FRIENDS OF CEDAR MESA v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Oct 25, 2018)
The Friends of Cedar Mesa submitted a FOIA request to the Department of the Interior and the Bureau of Land Management for records concerning BLM’s March 2018 Competitive Oil and Gas Lease in the Canyon Country District of Utah. Friends also requested expedited processing. The agency acknowledged receipt of the request and denied Friends’ request for expedited processing. After hearing nothing further from the agency, Friends filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. FEDERAL EMERGENCY MANAGEMENT AGENCY (filed Oct 26, 2018)
American Oversight submitted a FOIA request to the Federal Emergency Management Agency for records concerning the provision of emergency meals for victims of Hurricanes Maria and Irma. American Oversight submitted a second FOIA request to FEMA for records concerning the provision of emergency fuel because of Hurricanes Maria and Irma. American Oversight submitted a third FOIA request to FEMA for records concerning hurricane preparedness assessments for Puerto Rico and the U.S. Virgin Islands. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - BESSON v. UNITED STATES DEPARTMENT OF COMMERCE (filed Oct 22, 2018)
David Besson submitted a FOIA request to the Department of Commerce for records concerning the Cooperative Research and Development Agreement between Ligado Networks and the National Institute of Standards and Technology. The agency acknowledged receipt of the request and withheld some records under Exemption 4 (confidential business information). Benson filed an administrative appeal of the agency’s decision, but after hearing nothing further from the agency, Benson filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Moore v. Riverside Regional Medical Cental et al (filed Oct 25, 2018)
Jeffrey Moore filed suit against the Riverside Regional Medical Center for medial malpractice. This is not a FOIA claim.
Issues: FOIA not mentioned - Shelby Eidson v. Department of State (filed Oct 22, 2018)
Shelby Eidson submitted a FOIA request to the Department of State for records concerning a letter from Istanbul Counsel General Charles Hunter to the manager of the Steigenberger Maslak Istanbul hotel concerning allegations of sexual assault. Eidson also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and eventually asked Eidson if she was still interested in her request. After hearing nothing further from the agency, Eidson filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - DISTRICT OF COLUMBIA v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Oct 22, 2018)
The District of Columbia submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s detention of 12 D.C. residents in July 2018 and policies related to immigration enforcement actions. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, the District of Columbia filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LEOPOLD et al v. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT et al (filed Oct 22, 2018)
BuzzFeed reporter Jason Leopold submitted FOIA requests to the Department of Homeland Security for records containing video, audio, or photographs related to migrants and migrant children, and others seeking asylum. Leopold also requested expedited processing and a fee waiver. The agency denied his request for expedited processing but granted him a conditional fee waiver. U.S. Immigration and Customs Enforcement told Leopold that it was unable to edit video footage. After hearing nothing further from the agency, Leopold filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Oct 23, 2018)
American Oversight submitted two FOIA requests to the Department of Justice. The first FOIA request asked for communications between agency officials and the White House concerning the FBI Headquarters Consolidation Project. The second FOIA request asked for communications between agency officials and the White House concerning Trump International Hotel. The agency acknowledged receipt of the request concerning the FBI consolidation project, but had not acknowledged the request concerning Trump International Hotel by the time American Oversight filed suit. After hearing nothing further pertaining to either request, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. FEDERAL BUREAU OF INVESTIGATION (filed Oct 23, 2018)
American Oversight submitted two FOIA requests to the FBI. The first FOIA request asked for communications between agency officials and the White House concerning the FBI Headquarters Consolidation Project. The second FOIA request asked for communications between agency officials and the White House concerning Trump International Hotel. The agency acknowledged receipt of the requests. After hearing nothing further pertaining to either request, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. GENERAL SERVICES ADMINISTRATION (filed Oct 23, 2018)
American Oversight submitted two FOIA requests to the General Services Administration. The first FOIA request asked for communications between agency officials and the White House concerning the FBI Headquarters Consolidation Project. The second FOIA request asked for communications between agency officials and the White House concerning Trump International Hotel. The agency acknowledged receipt of the requests. After hearing nothing further pertaining to either request, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. OFFICE OF MANAGEMENT AND BUDGET (filed Oct 23, 2018)
American Oversight submitted two FOIA requests to OMB. The first FOIA request asked for communications between agency officials and the White House concerning the FBI Headquarters Consolidation Project. The second FOIA request asked for communications between agency officials and the White House concerning Trump International Hotel. The agency acknowledged receipt of the requests. After hearing nothing further pertaining to either request, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.
- TAYLOR v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (filed Oct 18, 2018)
- Ramirez v. U.S. Department of Justice et al (filed Oct 16, 2018)
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