MARKS v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al and 11 other new FOIA lawsuits

We have added 70 documents from 12 FOIA cases filed between October 28, 2018 and November 3, 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.

1. MARKS v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al (filed Nov 2, 2018)
   David Marks, an attorney who represents nursing home residents, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning non-identifying minimum data sets submitted by nursing homes for individual residents. The agency acknowledged receipt of the request but told Marks that the data was publicly available for a fee from the Research Data Assistance Center. Marks was told by the Data Center that its data could not be used for litigation purposes and that he would need to get the information through FOIA. The FOIA Office agreed to process the request with redactions and Marks agreed to pay fees. However, after hearing nothing further from the agency, Marks filed an administrative appeal. After hearing nothing further pertaining to his administrative appeal, Marks filed suit.
   Issues: Choice of format, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Southern Environmental Law Center v. United States Department of Agriculture et al (filed Nov 1, 2018)
   The Southern Environmental Law Center submitted a FOIA request to the Washington Office of the U.S. Forest Service for records concerning the Atlantic Coast Pipeline. SELC submitted identical requests to Region 8 and Region 9. Records disclosed by those regions indicated that responsive records existed at the Washington Office. However, the Washington Office consolidated the requests and did not respond independently. After SELC informed the Washington Office that its FOIA request had been closed, the Washington Office reopened the request. SELC sent a second FOIA request to the Washington Office for records concerning the Mountain Valley Pipeline. The agency told SELC that it was conducting a mandatory review of the records. In a third FOIA request, SELC asked for records concerning changes to the agency’s NEPA regulations. The agency acknowledged receipt of the request. SELC submitted a fourth request for records concerning changes in the agency’s FOIA policies. SELC was told that request required a mandatory review as well. After hearing nothing further from the agency, pertaining to any of its requests, SELC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. WINN v. U.S. DEPARTMENT OF JUSTICE (filed Oct 29, 2018)
   Richard Winn, a doctor who was investigated by the Department of Justice between 1990 and 2002 when he was chair of the Department of Neurological Surgery at the University of Washington, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning himself. Winn provided other variations of his name as well as obituaries for several other physicians mentioned in the records. After hearing nothing further from the agency, Winn filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Oct 29, 2018)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the current status of security clearances for Hillary Clinton, Huma Abedin, Cheryl Mills, Jacob Sullivan, and Phillippe Reines. 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
5. WILDEARTH GUARDIANS v. U.S. DEPARTMENT OF THE INTERIOR (filed Oct 29, 2018)
   WildEarth Guardians submitted a FOIA request to the Department of the Interior for records concerning a report entitled “Review of Department of Interior Actions That Potentially Burden Domestic Energy.” The agency acknowledged receipt of the request and placed it on its complex track for processing. WildEarth Guardians made several more inquiries as to the status of its request, but after hearing nothing further from the agency, WildEarth Guardians filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Jordan v. District 5 Foundation for Educational Excellence (filed Oct 29, 2018)
   Diana Jordan filed suit against the District 5 Foundation for Educational Excellence for damages during a flood. This is not a FOIA case.
   Issues: FOIA not mentioned
7. Southeastern Legal Foundation, Inc. v. United States Department of Justice (filed Oct 30, 2018)
   The Southeastern Legal Foundation submitted a FOIA request to the Department of Justice for records relating to extradition requests made pursuant to the 1978 Extradition Treaty between the United States and Mexico. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Southeastern Legal Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Cvijanovich v. United States Secret Service (filed Oct 30, 2018)
   Daniel Cvijanovich, who was convicted of verbally threatening President George W. Bush in 2007, submitted a FOIA request to U.S. Secret Service for records concerning himself. The agency acknowledged receipt of the request but denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Cvijanovich filed an administrative appeal, which was also denied. Cvijanovich then filed suit.
   Issues: Litigation – Attorney’s fees
9. Friends of the Black River Forest Inc v. United States Environmental Protection Agency (filed Oct 31, 2018)
   The Friends of the Black River Forest submitted a FOIA request to the EPA for records concerning a letter to then-acting Administrator Catherine McCabe from Sen. Ron Johnson (R-WI) and Rep. Glenn Grothman (R-WI) concerning a proposed rule implementing the non-attainment areas for the National Ambient Air Quality Standards for ozone. The agency acknowledged receipt of the request, but after hearing nothing further, the Friends contacted the Office of Government Information Services for assistance. The EPA told OGIS that it was still processing the Friends’ request. The Friends then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Nov 2, 2018)
    Judicial Watch submitted a FOIA request to the FBI for records concerning communications between the FBI and senior officials of the Department of Justice pertaining to the closure of an investigation of the Clinton Foundation. The agency acknowledged receipt of the request but denied it. Judicial Watch filed an administrative appeal, which the FBI also denied. Judicial Watch then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Nov 2, 2018)
    Judicial Watch submitted a FOIA request to the FBI for records concerning expenses for the security detail assigned to Robert Mueller. The agency acknowledged receipt of the request but denied the request. Judicial Watch filed an administrative appeal, which the FBI also denied. Judicial Watch then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Nov 2, 2018)
    Judicial Watch submitted a FOIA request to the Military Academy at West Point for records concerning former cadet Spencer Rapone and former USMA history professor Rasheed Hosein that contained certain key words. 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