Open Society Justice Initiative v. Central Intelligence Agency et al and 13 other new FOIA lawsuits

We have added 88 documents from 13 FOIA cases filed between January 6, 2019 and January 12, 2019. 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. Open Society Justice Initiative v. Central Intelligence Agency et al (filed Jan 9, 2019)
   The Open Society Initiative submitted FOIA requests to the CIA, the National Security Agency, the Department of Defense, and the Office of the Director of National Intelligence for records concerning the killing of Jamil Khashoggi. The Open Society Initiative also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request, but after hearing nothing further from any of the agencies, the Open Society Initiative filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS v. UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (filed Jan 7, 2019)
   The Washington Lawyers’ Committee for Civil Rights and Urban Affairs submitted a FOIA request to the Department of Housing and Urban Development for records concerning the demolition or disposition approval given by the agency to the District of Columbia Housing Authority for the Barry Farm Dwellings. The Committee also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency the Committee filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. FEDERAL PRACTICE GROUP v. DEPARTMENT OF ARMY (filed Jan 7, 2019)
   The Federal Practice Group submitted a FOIA request to the Department of the Army for records concerning the agency’s decision to deny reimbursement for fees Parwan incurred from the Afghan Public Protection Force under its contract with the Army. The agency acknowledged receipt of the request and asked the Federal Practice Group to narrow the scope of its request. The Federal Practice Group agreed to narrow the request, but after hearing nothing further from the agency, the Federal Practice Group filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. INTELIMAP, INC. v. SECURITIES AND EXCHANGE COMMISSION (filed Jan 8, 2019)
   Intelimap, Inc. submitted a FOIA request to the Securities and Exchange Commission through FOI Services for records concerning communications between the director of the SEC’s Division of Trading and Markets and a list of named individuals. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Intelimap filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. EARTH ISLAND INSTITUTE v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Jan 8, 2019)
   The Earth Island Institute submitted a FOIA request to the Department of the Interior for records concerning 23 public meetings held by the Bureau of Ocean Energy Management. The agency acknowledged receipt of the request. After several attempts to inquire about the status of its request, the agency told EII that it would not charge fees for records released on a rolling, interim basis. But after hearing nothing further from the agency, EII filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. SQUIRE PATTON BOGGS (US) LLP v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Jan 8, 2019)
   The law firm of Squire Patton Boggs submitted a FOIA request to the Department of Health and Human Services’ Inspector General for records concerning communications between OIG and the Center for Medicare and Medicaid Services announcing OIG’s report on Medicare hospital outlier payments. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Malik et al v. Immigration and Customs Enforcement (filed Jan 9, 2019)
   David Mallick, an attorney, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s detention policies. After hearing nothing further from the agency, Mallick filed suit.
   Issues: Failure to respond within statutory time limit
8. Human Rights Watch v. Department of Homeland Security et al (filed Jan 10, 2019)
   Human Rights Watch submitted a FOIA request to U.S. Immigration and Customs Enforcement for anonymized records of individuals arrested, booked, or detained during law enforcement operation or investigations conducted by ICE or U.S. Customs and Border Protection. Human Rights Watch also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Human Rights Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. ADVANCEMENT PROJECT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jan 10, 2019)
   The Advancement Project submitted FOIA requests to the Department of Homeland Security and the Department of State for records concerning visa denials for applicants from Cambodia, Eritrea, Guinea, and Sierra Leone. The Advancement Project also requested expedited processing and a fee waiver. DHS acknowledged receipt of the request and denied the Advancement Project’s request for expedited processing. The Advancement Project filed an administrative appeal of the denial of expediting processing. U.S. Immigration and Customs Enforcement told the Advancement Project that it found no records responsive to its request. The Advancement Project filed an administrative appeal of ICE’s no records response. The State Department acknowledged receipt of the request and denied the Advancement Project’s request for expedited processing. The Advancement Project filed an administrative appeal of State’s denial of expedited processing. After hearing nothing further from any agency, the Advancement Project filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jan 10, 2019)
    Democracy Forward Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning its teen pregnancy program. DFF also requested expedited processing. The agency acknowledged receipt of the request and denied DFF’s request for expedited processing. DFF filed an administrative appeal of the agency’s denial of expedited processing. The agency acknowledged receipt of the appeal, but 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
11. PUBLIC CITIZEN, INC. v. OFFICE OF MANAGEMENT AND BUDGET (filed Jan 11, 2019)
    Public Citizen submitted a FOIA request to OMB for records concerning the Consumer Financial Protection Bureau’s final rule on the Payday Rule. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request and told Public Citizen that its search had located 536 potentially responsive records. OMB later told Public Citizen that its request would be completed by January 2020. Public Citizen then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. BUZZFEED, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jan 11, 2019)
    Buzzfeed reporter Chris Geidner submitted a FOIA request to the Department of Justice for records of the formal documentation of Matthew Whitaker as Acting Attorney General. DOJ referred Geidner to the White House, which told him that there was formal documentation of Whitaker’s appointment but that it would not provide it to Geidner. Buzzfeed also requested disclosure forms Whitaker was required to fill out under the Ethics in Government Act, but after hearing nothing further from the agency, Buzzfeed filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. WILDEARTH GUARDIANS v. DEPARTMENT OF INTERIOR et al (filed Jan 11, 2019)
    WildEarth Guardians submitted two FOIA requests to the Bureau of Land Management for records concerning the Marcos-Gallup Resource Management Plan and proposed amendment. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, WildEarth Guardians filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• BENNETT v. U.S. DEPARTMENT OF COMMERCE et al (filed Dec 31, 2018)
  Darlene Bennett submitted a FOIA request to the National Oceanic and Atmospheric Administration for records related to her discrimination claim against the agency. After the agency failed to respond, Bennett filed suit.
  Issues: Failure to respond within statutory time limit