CENTER FOR REPRODUCTIVE RIGHTS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and 26 other new FOIA lawsuits

We have added 219 documents from 25 FOIA cases filed between October 13, 2019 and October 19, 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. CENTER FOR REPRODUCTIVE RIGHTS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 15, 2019)
   The Center for Reproductive Rights submitted two FOIA requests to the Department of Health and Human Services. The first request asked for records concerning the budget for the Conscience and Religious Freedom Division, part of the Office of Civil Rights. The second FOIA request asked for records concerning plans to expend settlement funds received as a result of HIPAA violation enforcement. The agency acknowledged receipt of both requests but after hearing nothing further from the agency, the Center for Reproductive Rights filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. Grass v. Gonzales et al (filed Oct 18, 2019)
   James Grass filed suit against Bernalillio County Sheriff Manny Gonzales for illegal use of surveillance technologies. His claim mentions FOIA and the U.S. Marshals Service but there is no claim that he submitted a FOIA request. This is not a FOIA case.
   Issues: FOIA not mentioned
3. THE JAMES MADISON PROJECT et al v. CENTRAL INTELLIGENCE AGENCY et al (filed Oct 14, 2019)
   The James Madison Project and Mark Willacy, a reporter for the Australian Broadcasting Corporation, submitted FOIA requests to the CIA, the Department of State, The Department of the Army, the National Security Agency, Central Command, and the Office of the Inspector General at the Department of Defense. All but the Department of the Army, NSA, and Central Command acknowledged receipt of the request, but after hearing nothing further from any of the agencies, James Madison and the Australian Broadcasting Corporation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. BUZZFEED INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Oct 14, 2019)
   BuzzFeed submitted a FOIA request to U.S. Customs and Border Protection for records concerning CBP data used to prepare an Inspector General’s report finding overcrowding of children in detention centers. BuzzFeed also requested expedited processing. The agency acknowledged receipt of the request, granted BuzzFeed’s request for expedited processing and invoked a 10-day extension. After hearing nothing further from the agency, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. BUZZFEED INC. v. U.S. DEPARTMENT OF TREASURY (filed Oct 14, 2019)
   BuzzFeed submitted a FOIA request to the Department of Treasury for records concerning emails sent or received by Secretary Steven Mnuchin, or the director of the Office of Foreign Assets Control Andrea Gacki, from April 2018 through January 2019. BuzzFeed also requested expedited processing. The agency acknowledged receipt of the request and denied BuzzFeed’s request for expedited processing. BuzzFeed submitted a separate FOIA request concerning Gacki’s appointment calendars during the same period. After receiving a response to that request, BuzzFeed selected specific meetings it was interested in learning more about and asked for additional records. The agency gave BuzzFeed an estimated completion date of three to five months. After hearing nothing further from the agency, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. SPARACINO PLLC v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (filed Oct 14, 2019)
   Sparacino PLLC, a law firm representing individuals and families of individuals who had been killed or injured by terrorist attacks in Iraq, submitted three FOIA requests to U.S. Agency for International Development. Two of the requests identified specific records while the third request asked for records about corruption at the Iraqi Ministry of Health. The agency acknowledged receipt of the requests. After Sparacino PLLC filed an administrative appeal of the agency’s failure to respond, the agency told the law firm that it would not consider such an appeal. After hearing nothing further from the agency, Sparacino PLLC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Southern Environmental Law Center v. U.S. Fish and Wildlife Service (filed Oct 14, 2019)
   The Southern Environmental Law Center submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the agency’s conservation and management of red wolves. The agency acknowledged receipt of the request and asked SELC to clarify the request. SELC did so. The agency provided a partial response, disclosing 20 documents in full and four documents in part, claiming Exemption 5 (privileges). SELC filed an administrative appeal. After hearing nothing further from the agency, SELC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. The Burkhalter Law Firm, P.C. v. The Department of Energy, National Nuclear Security Administration (filed Oct 14, 2019)
   The Burkhalter Law Firm submitted a FOIA request to the National Nuclear Security Administration for records concerning agency official John Crapo’s emails. The agency acknowledged receipt of the request and indicated it would respond. After hearing nothing further from the agency, the Burkhalter Law Firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. National Public Radio, Inc. et al v. Centers for Medicare and Medicaid Services et al (filed Oct 15, 2019)
   National Public Radio reporter Ina Jaffe submitted four FOIA requests to the Centers for Medicare and Medicaid Services for records concerning as CMS memo pertaining to 1,500 nursing homes that have not improved their antipsychotic medication utilization rates. Jaffe also requested a fee waiver for all four of her requests. The agency acknowledged receipt of the requests. In response to Jaffe’s first request, the agency indicated that it had found no responsive records. Jaffe filed an administrative appeal of the no records decision. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, Jaffe and NPR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Friends of Animals v. Perdue et al (filed Oct 15, 2019)
    Friends of Animals submitted three FOIA requests to U.S. Fish and Wildlife Service for records concerning unbranded and/or unclaimed horses in or around the Heber Wild Horses Territory, the Devil’s Garden Plateau Wild Horse Territory, and the Tonto National Forest. The agency acknowledged receipt of all three requests and indicated that responding would take some time. In response to the request pertaining to the Heber Wild Horses Territory, the agency provided a partial response of 536 documents. After hearing nothing further from the agency, Friends of Animals filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. PIDOT v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Oct 15, 2019)
    Justin Pidot, a professor of Environmental Law at the University of Arizona Law School, submitted two FOIA requests to the Department of Interior. Pidot’s first FOIA request asked for records pertaining to Secretarial Order 3368 on promoting transparency and accountability in consent decrees and settlement agreements. Pidot also requested a fee waiver. The agency acknowledged receipt of the request and told Pidot that he had been included in the educational institution category for fee purposes. Pidot’s second FOIA request asked for records concerning a memo from the Bureau of Land Management concerning compensatory mitigation. Pidot also requested a fee waiver. The agency acknowledged receipt of the request and told Pidot that he had been included in the educational institution fee category. After hearing nothing further from the agency, Pidot filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
12. EDDINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Oct 15, 2019)
    Patrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the Department of Justice’s Office of Legal Counsel for records concerning the USA Freedom Act from June 2015 to the present. Eddington also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and denied Eddington’s request for expedited processing. Eddington filed an administrative appeal of the agency’s denial of his expedited processing request. The agency upheld the denial of expedited processing. After hearing nothing further from the agency, Eddington filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. EVERYTOWN FOR GUN SAFETY SUPPORT FUND v. UNITED STATES DEPARTMENT OF JUSTICE (filed Oct 16, 2019)
    Everytown for Gun Safety submitted two FOIA requests to the Department of Justice. Its first FOIA request asked for records concerning communications between DOJ officials and the National Rifle Association, the National Rifle Association Institute for Legislative Action, or the National Shooting Sports Association since February 2018. The agency acknowledged receipt of the request and divided the request into four separate requests. Everytown’s second FOIA request asked for records concerning communications between DOJ officials and certain gun lobbying organizations and gun industry members pertaining to the failure of legislative initiatives in 2015 and 2016 to curb gun violence. The agency acknowledged receipt of the request and divided it into four separate requests. The agency asked Everytown to narrow the scope of its requests, which Everytown rejected because it believed such a narrowing would exclude the third-party communications it was seeking. After the agency failed to respond substantively, Everytown for Gun Safety filed suit.
    Issues: Failure to respond within statutory time limit
14. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Oct 16, 2019)
    Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for records concerning calendar entries for Attorney General William Barr pertaining to appointments of any kind with John Durham, the U.S. Attorney for Connecticut who had been appointed to investigate the propriety of the Mueller investigation into Russian interference in the 2016 election. CREW also requested a fee waiver. The agency acknowledged receipt of the request and told CREW its request was being placed on the complex track for processing. After hearing nothing further from the agency, CREW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Oct 16, 2019)
    Federation for American Immigration Reform submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the collection of DNA samples from arrested individuals. FAIR also requested a fee waiver. The agency acknowledged receipt of the request and told FAIR that while it would try to process the request as quickly as possible it probably could not do so. The agency also invited FAIR to narrow its request to allow for it to be processed more quickly FAIR declined to narrow its request. After hearing nothing further from the agency, FAIR filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
16. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. FEDERAL BUREAU OF PRISONS (filed Oct 16, 2019)
    Federation for American Immigration Reform submitted a FOIA request to the Bureau of Prisons for records concerning the agency’s collection and use of DNA samples. FAIR also requested a fee waiver. The agency acknowledged receipt of the request and told FAIR that it was deferring a decision on its request for a fee waiver. After hearing nothing further from the agency, FAIR filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
17. Vasquez Negrete v. US Citizenship and Immigration Services et al (filed Oct 16, 2019)
    Gerardo Vasquez Negrete submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning himself. The agency acknowledged receipt of the request. Vasquez Negrete also submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning an arrest in 2012. After hearing nothing further from the agencies, Vasquez Negrete filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. Ecological Rights Foundation v. National Oceanic And Atmospheric Administration (filed Oct 17, 2019)
    The Ecological Rights Foundation submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning interference by President Donald Trump and other White House officials pertaining to forecasting where Hurricane Dorian would hit the U.S. mainland. After hearing nothing from agency, Ecological Rights Foundation filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
19. BLIXSETH v. U.S. CUSTOMS AND BORDER PROTECTION (filed Oct 17, 2019)
    Timothy Blixseth submitted a FOIA request to U.S. Customs and Border Protection for records concerning himself, his former airplane, and several companies. The agency acknowledged receipt of the request and asked Blixseth to provide authorization for disclosure to his attorney. Blixseth did so, but after hearing nothing further from the agency, Blixseth filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Oct 18, 2019)
    Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of Homeland Security and the Department of State. CREW’s FOIA request to U.S. Secret Service asked for records concerning communications that support President Trump’s assertion that the agency preferred his Doral resort as the site for the G-7 summit. CREW also requested a fee waiver. The agency acknowledged receipt of the request and invoked a 10-day extension for responding. CREW’s FOIA request to the Department of State asked for records concerning the consideration of Doral as the site of the G-7 summit. CREW also asked for a fee waiver. The agency acknowledged receipt of the request and invoked a 10-day extension. CREW sent a second FOIA request to State for records supporting Trump’s assertion that the Bureau of Diplomatic Security preferred Doral as the site of the G-7 summit. CREW also requested a fee waiver for the request. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from either agency pertaining to its requests, CREW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. DE JARAY et al v. FEDERAL BUREAU OF INVESTIGATION (filed Oct 18, 2019)
    Steven and Perienne de Jaray submitted a FOIA request to the FBI for records concerning themselves and their affiliated business entities. The agency acknowledged receipt of the request. The agency told the de Jarays that it had located 1,518 potentially responsive records. The de Jarays agreed to pay any fees incurred in processing their request. However, after the agency told the de Jarays that their request would not be completed until 2021, they filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
22. SPARACINO PLLC v. THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Oct 18, 2019)
    The law firm of Sparacino PLLC, which represents individuals and families of individuals who had been killed or injured by terrorist attacks in Iraq, submitted a FOIA request to the National Archives and Records Administration for records concerning the Iraqi Ministry of Health. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Sparacino PLLC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
23. GUN OWNERS OF AMERICA, INC v. UNITED STATES DEPARTMENT OF JUSTICE (filed Oct 18, 2019)
    Gun Owners of America submitted a FOIA request to the Department of Justice for records concerning what was meant by “additional information” the agency could use to further identify website visitors. After hearing nothing from the agency, Gun Owners of America contacted DOJ. The agency told Gun Owners of America that although its request had been misplaced it had now been located. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Gun Owners of America filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
24. SPARACINO PLLC v. U.S. DEPARTMENT OF DEFENSE (filed Oct 18, 2019)
    The law firm of Sparacino PLLC, which represents individuals and families of individuals who had been killed or injured by terrorist attacks in Iraq, submitted four FOIA requests to the Department of Defense for records concerning the Iraqi Ministry of Health. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Sparacino PLLC filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
25. New York Times Company et al v. Department of the Treasury (filed Oct 18, 2019)
    New York Times reporter Mark Walker submitted a FOIA request to the Department of Treasury for records concerning email and calendar entries for ten named agency officials. The agency acknowledged receipt of the request but rejected it as being too broad. Walker filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, the New York Times filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver

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

• JACOBS v. UNITED STATES (filed Oct 11, 2019)
  Brandon Jacobs filed suit against the United States alleging improper disclosure of his personal information. This is not a FOIA claim.
  Issues: FOIA not mentioned
• BUTT v. CENTRAL INTELLIGENCE AGENCY et al (filed Oct 10, 2019)