CAMPAIGN FOR ACCOUNTABILITY v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and 11 other new FOIA lawsuits

We have added 69 documents from 11 FOIA cases filed between February 16, 2020 and February 22, 2020. 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. CAMPAIGN FOR ACCOUNTABILITY v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 20, 2020)
   The Campaign for Accountability submitted four FOIA requests to the Department of Health and Human Services for records concerning Title X teen pregnancy programs and opposition to those programs. The agency acknowledged receipt of the requests but after hearing nothing further from the agency the Campaign for Accountability filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. NOVATKA v. UNITED STATES (filed Feb 18, 2020)
   Michael Novatka submitted a FOIA request to U.S. Customs and Border Protection for records concerning Customs Case No. 2018-4701-005772. The agency acknowledged receipt of the request. The agency told Novatka that the cost of the records would be $140. Novatka submitted a money order for $140. The agency then told Novatka that it would withhold 130 pages of the file under Exemption 7(A) (interference with ongoing investigation or proceeding) and returned Novatka’s money order. Novatka filed an administrative appeal. After hearing nothing further from the agency, Novatka filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. PATRICIA W. DAUGHERTY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 19, 2020)
   Patricia Daugherty submitted a FOIA request to the National Institute of Health for records concerning the grant application for grant R01HD082554-01A1 (The Impact of Early Medical Treatment and Transgender Youth), awarded by the National Institute of Child Health and Human Development. The agency acknowledged receipt of the request. The agency disclosed 198 pages but did not provide the consent forms Daugherty requested. Daugherty filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, Daugherty filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. Informed Consent Action Network v. Centers for Disease Control and Prevention (filed Feb 19, 2020)
   Informed Consent Network submitted a FOIA request to the Centers for Disease Control and Prevention for records concerning communications sent or received by Frank DiStefano, who was director of the Immunization Safety Office, from employees or representatives of GlaxoSmithKline. The agency acknowledged receipt of the request. The agency located 281 pages and withheld 81 pages in full and 30 pages in part under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Informed Consent Network filed an administrative appeal. After hearing nothing further from the agency, the Informed Consent Network filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Feb 20, 2020)
   American Oversight submitted two FOIA requests to the Department of Interior for records concerning communications to or from Daniel Jorjani and William Pendley. 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
6. SPARACINO PLLC v. DEFENSE INTELLIGENCE AGENCY (filed Feb 20, 2020)
   The law firm of Sparacino PLLC submitted four FOIA requests to the Defense Intelligence Agency for records concerning Jaysh-al-Mahdi or Hezbollah operatives, as well as records on the role of the Iraqi Ministry of Health in terrorist activities in Iraq. The agency acknowledged receipt of the requests but 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, Public Interest Fee Waiver
7. LATHAM & WATKINS LLP v. U.S. FOOD AND DRUG ADMINISTRATION (filed Feb 21, 2020)
   The law firm of Latham & Watkins submitted a FOIA request to the FDA for records concerning two specific new drug applications submitted for drugs with the active ingredient cocaine hydrochloride manufactured by Lannett Company Genus Lifesciences. The agency acknowledged receipt of the request but after hearing nothing further from the agency Latham & Watkins filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF ENERGY et al (filed Feb 21, 2020)
   American Oversight submitted FOIA requests to the Department of Energy, the Department of Transportation, and the Department of State for records concerning communications between Sen. Mitch McConnell or his staff and any of the three agencies. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Jackson v. U.S. Department of Justice (filed Feb 21, 2020)
   Shantique Jackson submitted a FOIA request to the Department of Justice for records concerning an incident in which Jackson was assaulted and detained by Joliet, Illinois police. The agency acknowledged receipt of the request. The agency denied the request under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Jackson filed an administrative appeal. The agency denied the appeal. Jackson then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
10. MacDougal v. U.S. Department of Justice (filed Feb 21, 2020)
    Ian MacDougall, a freelance journalist, submitted a FOIA request to Justice Management Division at the Department of Justice for records concerning data from the Consolidated Asset Tracking System pertaining to real property subject to forfeiture where the property’s address has been publicly disclosed. The agency acknowledged receipt of the request but after hearing nothing further from the agency, MacDougall filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
11. Goebel v. Federal Aviation Administration (filed Feb 21, 2020)
    David Goebel submitted a FOIA request to the Federal Aviation Administration for all records he had not received as part of his 2015 request for records on the Greener Skies Over Seattle Environmental Assessment. Goebel had filed an administrative appeal in relation to that request. His 2018 request asked for all records that he had not previously received. Goebel alleged that the FAA had destroyed some records responsive to his 2015 request. After hearing nothing further from the agency, Goebel filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

• HOLNESS v. TRUMP et al (filed Feb 10, 2020)