LEVI & KORSINSKY, LLP v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION and 14 other new FOIA lawsuits
We have added 111 documents from 15 FOIA cases filed between May 12, 2019 and May 18, 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.
- LEVI & KORSINSKY, LLP v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION (filed May 15, 2019)
The law firm of Levi & Korsinsky, representing Tesla shareholders, submitted a FOIA request to the Securities and Exchange Commission for records concerning the agency’s investigation of Tesla founder Elon Musk’s twitter activity and the settlement between the agency and Musk. The agency acknowledged receipt of the request. It disclosed the public complaint against Musk but withheld all other records under Exemption 7(A) (ongoing investigation or proceeding). Levi & Korsinsky filed an administrative appeal of the denial. The agency upheld its Exemption 7(A) claim but made a discretionary release of records showing how each commissioner voted. The law firm then filed suit.
Issues: Litigation – Attorney’s fees - LEGAL SERVICES OF EASTERN MISSOURI v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed May 13, 2019)
Legal Services of Eastern Missouri submitted a FOIA request to the Department of Housing and Urban Development for records concerning the agency’s involvement with public housing in Wellston, Missouri. LSEM also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and the agency asked LSEM to narrow the scope of its request. LSEM did so. The agency denied LSEM’s requests for expedited processing and a fee waiver. The agency disclosed 17 pages responsive to the first part of LSEM’s request but redacted portions under Exemption 5 (privileges). After the government shutdown ended, HUD disclosed an additional 179 pages responsive to the second part of LSEM’s request. It again redacted large portions of the records under Exemption 5. LSEM filed an administrative appeal of the denial. The agency upheld the agency’s invocation of Exemption 5 but remanded the records for further segregation. As a result, HUD re-released two pages with fewer deletions. LSEM then filed suit.
Issues: Litigation – Attorney’s fees, Public Interest Fee Waiver - RESTORE PUBLIC TRUST v. UNITED STATES DEPARTMENT OF COMMERCE (filed May 13, 2019)
Restore Public Trust submitted three FOIA requests to the Department of Commerce for emails sent by or to named officials during specified dates and/or pertaining to specific subjects. Restore Public Trust also requested a fee waiver. After hearing nothing further from the agency, Restore Public Trust filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed May 13, 2019)
The Wild Horse Freedom Federation submitted a FOIA request to the Bureau of Land Management for records concerning emails and email attachments sent to wildhorse@blm.gov from May 1, 2018 through July 17, 2018. The agency acknowledged receipt of the request. WHFF contacted the agency several times to check on the status of its request. However, after hearing nothing further from the agency, WHFF filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - PUBLIC CITIZEN v. UNITED STATES DEPARTMENT OF EDUCATION (filed May 14, 2019)
Public Citizen submitted a FOIA request to the Department of Education for records concerning the agency’s Internet usage policy. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request and granted Public Citizen’s request for a fee waiver. The agency responded to Public Citizen’s request by providing a link on its website to its web usage policies. Public Citizen filed an administrative appeal, arguing that the records were not responsive to its request concerning Internet usage not related to the agency’s website. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, Public Citizen filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. et al v. U.S. DEPARTMENT OF DEFENSE (filed May 14, 2019)
Judicial Watch and the Daily Caller Foundation submitted FOIA requests to the Joint Chiefs of Staff and the Navy for records concerning then-Marine Corps Commandant Joseph Dunford’s request to former Secretary of the Navy Ray Mabus and Defense Secretary Ash Carter that exceptions be made to the decision to allow women to serve in any Marine Corps occupational specialty. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, Judicial Watch, and the Daily Caller Foundation filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed May 14, 2019)
The Wild Horse Freedom Federation submitted a FOIA request to the Bureau of Land Management for emails and email attachments sent to or from Debbie Collins, Outreach Specialist for the agency’s Wild Horse & Burro program, for the period April 16, 2018 through April 20, 2018. The agency acknowledged receipt of the request. WHFF contacted the agency several times for an estimated date of completion. However, after hearing nothing further from the agency, WHFF filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN CIVIL LIBERTIES UNION et al v. UNITED STATES COAST GUARD (filed May 14, 2019)
The ACLU submitted a FOIA request to U.S. Coast Guard for records concerning logbooks or logbook entries related to the detention of suspected drug traffickers maintained by officers onboard Coast Guard cutters in the Eastern Caribbean. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told the ACLU that its request had been forwarded to the Office of Investigations for processing. After hearing nothing further from the agency, the ACLU filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LEGACY FOUNDATION v. FEDERAL ELECTION COMMISSION (filed May 14, 2019)
The Legacy Foundation submitted a FOIA request to the Federal Election Commission for records concerning communications between Commissioner Weintraub or her staff and CREW, the Campaign Legal Center, or Mother Jones. The agency acknowledged receipt of the request. In response to queries from the Legacy Foundation, the agency told LF that is was processing the request. After hearing nothing further from the agency, the Legacy Foundation filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - BUZZFEED INC. v. FOOD AND DRUG ADMINISTRATION et al (filed May 15, 2019)
BuzzFeed submitted FOIA requests to the FDA and the U.S. Army Medical Research and Materiel Command for records concerning the approval of the drug Dsuvia. The FDA told BuzzFeed that it would not be able to process the request within the statutory time limits because of its backlog. The USAMRMC acknowledged receipt of the request. After hearing nothing further from either agency, BuzzFeed filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LatinoJustice PRLDEF et al v. Department of the Treasury (filed May 15, 2019)
The Centro de Periodismo Investigativo, LatinoJustice, and the Center for Constitutional Rights submitted a FOIA request to the Department of the Treasury for records concerning the operations of the fiscal oversight board appointed to oversee Puerto Rico’s fiscal affairs. The requesters also requested expedited processing. The agency acknowledged receipt of the request and denied the request for expedited processing. The agency also suggested that the request be narrowed. The requesters filed an administrative appeal of the denial of expedited processing. The requesters had several discussions with the agency as to the scope of the search. But after the agency failed to provide any substantive response, the requesters filed suit.
Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Cui v. Federal Bureau of Investigation (filed May 16, 2019)
Jizi Cui submitted FOIA requests to the FBI for records concerning its investigation of human trafficking. The agency denied his requests. Cui filed administrative appeals of his denials, which were denied as well. He then filed suit.
Issues: Litigation – Attorney’s fees - Grassroots Leadership v. United States Citizenship and Immigration Services (filed May 16, 2019)
Grassroots Leadership submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s fee waiver policies particularly in relation to records concerning the agency’s Violence Against Women’s Act program. Grassroots Leadership also requested a fee waiver. The agency acknowledged receipt of the request and told Grassroots Leadership that it was granting its request for a fee waiver. After hearing nothing further from the agency, Grassroots Leadership filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - WITTES et al v. U.S. FEDERAL BUREAU OF INVESTIGATION (filed May 17, 2019)
Benjamin Wittes, editor-in-chief of Lawfare, a legal affairs blog, and Scott Anderson, also an editor at Lawfare, submitted a FOIA request to the FBI for records concerning the 2019 climate survey of FBI employees. Wittes and Anderson also requested a fee waiver. The agency acknowledged receipt of the request and told Wittes and Anderson that the request qualified for the unusual circumstances track. After hearing nothing further from the agency, Wittes and Anderson filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver - FRYSHMAN v. UNITED STATES DEPARTMENT OF STATE (filed May 17, 2019)
Bernard Fryshman submitted a FOIA request to the Department of State for records concerning the Jewish cemetery located in Vilnius, Lithuania from 2015 through 2016. The agency acknowledged receipt of the request. A year later, the agency located 22 documents. The agency disclosed 12 documents in full, eight documents with redactions, and withheld two documents entirely under Exemption 5 (privileges). Fryshman filed an administrative appeal challenging the exemption claims and questioning the adequacy of the agency’s search. The agency decided Fryshman’s appeal by disclosing seven of eight documents previously redacted in full. Fryshman then filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees
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