CALLIMACHI v. CENTRAL INTELLIGENCE AGENCY and 7 other new FOIA lawsuits, plus case descriptions

We have added 96 documents from 8 FOIA cases filed between April 26, 2020 and May 2, 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. CALLIMACHI v. CENTRAL INTELLIGENCE AGENCY (filed Apr 29, 2020)
   Rukmini Callimachi, an investigative reporter for the New York Times, submitted six FOIA requests to the CIA for records concerning her stepfather, Mihail Horia Botez. Callimachi’s requests also asked for records on various individuals who had worked in the Romanian communist government. The agency eventually acknowledged receipt of all the requests but after hearing nothing further from the agency, Callimachi filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. MCWATTERS v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Apr 27, 2020)
   Ken McWatters submitted a FOIA request to the Bureau of Alcohol, Tobacco, and Firearms for records concerning an audio recording of the Station Nightclub Fire incident in West Warwick, Rhode Island in 2003. The agency acknowledged receipt of the request. McWatters contacted the agency several times to check on the status of his request. After hearing nothing further from the agency, McWatter filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. TOBIAS v. U.S. DEPARTMENT OF INTERIOR (filed Apr 28, 2020)
   Jimmy Tobias, a reporter, submitted six FOIA requests to the Department of Interior for records concerning various agency officials who had previously worked as industry lobbyists. The agency acknowledged receipt of the requests but after hearing nothing further pertaining to any of his requests, Tobias filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Burke v. Saul et al. (filed Apr 28, 2020)
   James Burke, an administrative law judge for the Social Security Administration, submitted a FOIA request to the agency for records concerning the review of Burke’s decisions by Judge Jennifer Fellabaum, the chief agency ALJ in Albuquerque. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Burke filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Immigration Center for Women and Children et al v. U.S. Citizenship and Immigration Services et al (filed Apr 30, 2020)
   Immigration Center for Women and Children and Asista Immigration Assistance submitted FOIA request to U.S. Citizenship and Immigration Services for records concerning the discretionary adjudication of adjustment of status for non-immigrants. ICWC also requested a fee waiver. The agency acknowledged receipt of the request. The agency granted ICWC’s request for a fee waiver and put its request on the complex track for processing. After hearing nothing further, ICWC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. LOUISE TRAUMA CENTER LLC v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Apr 30, 2020)
   Louise Trauma Center submitted four FOIA requests to the Department of Homeland Security. The first FOIA request asked for records concerning labor agreements between the agency and asylum officers. The second FOIA request asked for studies and analyses about the effect of the foreseeable harm test on processing FOIA requests. The third FOIA request asked for training materials for staff pertaining to the 2016 FOIA Improvement Act. The fourth FOIA request asked for training materials for new asylum officers. The agency acknowledged receipt of all four requests but after hearing nothing further from the agency, Louise Trauma Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. MUSLIM ADVOCATES et al v. U.S. DEPARTMENT OF STATE et al (filed May 1, 2020)
   Muslim Advocates and the NAACP Legal Defense & Educational Fund submitted FOIA requests to the Department of State and U.S. Customs and Border Protection for records concerning how Proclamation 9983 implementing the Trump administration’s extreme vetting policy for immigrants had been implemented and enforced. Muslim Advocates also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, Muslim Advocates and the NAACP Legal Defense & Educational Fund filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. WILLKIE FARR & GALLAGHER LLP v. U.S. DEPARTMENT OF STATE (filed May 1, 2020)
   The law firm of Willkie Farr & Gallagher, which represents veterans and their families killed or wounded by terrorist attacks in Afghanistan, submitted eight FOIA requests to the Department of State for records concerning specific identified agency records relevant to their representation of veterans and their families. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, Willkie Farr & Gallagher filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees, Litigation – Vaughn index