National Public Radio, Inc. et al v. U.S. International Development Finance Corporation, plus case descriptions

We have added 139 documents from 15 FOIA cases filed between September 6, 2020 and September 12, 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. National Public Radio, Inc. et al v. U.S. International Development Finance Corporation (filed Sep 10, 2020)
   National Public Radio reporter Tom Dreisbach submitted a FOIA request to U.S. International Development Finance Corporation for records concerning a loan to Eastman Kodak to manufacture drug components. Dreisbach also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Dreisbach’s requests for expedited processing and a fee waiver. The agency told Dreisbach that his request was being processed in the expedited queue but after hearing nothing further from the agency, Dreisbach filed suit.
   Issues: Agency – Federal, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. PUBLIC CITIZEN v. U.S. DEPARTMENT OF LABOR (filed Sep 8, 2020)
   Public Citizen submitted a FOIA request to the Department of Labor for records concerning the impact of COVID-19 on the agency. Public Citizen requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and assigned it to the Occupational Safety and Health Administration for processing. The agency asked Public Citizen to narrow the scope of its request. Public Citizen did so, but after hearing nothing further from the agency, Public Citizen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. LEOPOLD et al v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Sep 8, 2020)
   Jason Leopold submitted a FOIA request to the Department of Homeland Security for records concerning the decision to send extra agency personnel to either Portland, Oregon or Chicago, Illinois. Leopold also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and later told Leopold that the request would take at least three months to process. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. READY AMERICA, INC. v. FEDERAL EMERGENCY MANAGEMENT AGENCY (filed Sep 8, 2020)
   Ready America, Inc. submitted a FOIA request to the Federal Emergency Management Agency for records provided by Composite Analysis Group relating to the certification of compliance with Title 21 in connection with contracts awarded for Indefinite Delivery Indefinite Quantity. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Ready America filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. GOVERNMENT ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF AGRICULTURE et al (filed Sep 10, 2020)
   The Government Accountability Project submitted a FOIA request to the Department of Agriculture for records concerning all non-compliance records for food safety from establishment M1620. GAP also requested a fee waiver. GAP later submitted a request for expedited processing. The Food Safety and Inspection Service denied GAP’s request for expedited processing. GAP filed an administrative appeal of the denial of expedited processing. The agency denied GAP’s appeal. After hearing nothing further from the agency, GAP filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. PARKER v. FEDERAL BUREAU OF INVESTIGATIONS (filed Sep 10, 2020)
   Lonnie Parker submitted a FOIA request to the FBI for records concerning himself since 1982. The agency acknowledged receipt of the request. Parker contacted the FBI several times but after the agency failed to respond he filed an administrative appeal. After hearing nothing further from the agency, Parker filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. D’SPAIN v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Sep 10, 2020)
   Linda D’Spain, an expert in Medicare coding serving as an expert witness, submitted a FOIA request to Centers for Medicare and Medicaid Services for records concerning charges or payments for various Medicare codes. The agency acknowledged receipt of the request but after hearing nothing further from the agency, D’Spain filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Zuzindlak et al v. U.S. Citizenship and Immigration Services (filed Sep 10, 2020)
   Chelsea Zuzindlak, an attorney, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the alien file for the married couple, Kudirat Oladokun and Kolapo Asafa. The agency acknowledged receipt of the request but after hearing nothing from the agency, Zuzindlak filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE et al (filed Sep 11, 2020)
   Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of Justice and the Department of Homeland Security for records concerning discussion of plans sending federal officers to Portland, Chicago, and other cities experiencing racial justice protests. CREW also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, CREW filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. WILLKIE FARR & GALLAGHER LLP v. UNITED STATES ARMY CENTRAL (filed Sep 11, 2020)
    The law firm of Willkie Farr & Gallagher submitted two FOIA requests to U.S. Army Central for records concerning investigation and casualty reports pertaining to the deaths of two identified service members in Iraq. The law firm then submitted an additional six FOIA requests casualty reports on six other service members or civilians. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Willkie Farr & Gallagher filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. WILLKIE FARR & GALLAGHER LLP v. NAVAL SURFACE WARFARE CENTER INDIAN HEAD EOD TECHNOLOGY DIVISION COMMAND EVALUATION OFFICE (filed Sep 11, 2020)
    The law firm of Willkie Farr & Gallagher submitted ten FOIA requests to the Naval Surface Warfare Center for records concerning reports of explosives used in Iraq. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Willkie Farr & Gallagher filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. WILLKIE FARR & GALLAGHER LLP v. DEFENSE HEALTH AGENCY (filed Sep 11, 2020)
    The law firm of Willkie Farr & Gallagher submitted eight FOIA requests to the Defense Health Agency for records concerning AR-15-6 Investigation Report and Casualty Reports relating to specific attacks in Iraq. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Willkie Farr & Gallagher filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
13. WILLKIE FARR & GALLAGHER LLP v. FEDERAL BUREAU OF INVESTIGATION-RECORD/INFORMATION DISSEMINATION SECTION (filed Sep 11, 2020)
    The law firm of Willkie Farr & Gallagher submitted seven FOIA requests to the FBI for records concerning specified attacks in Iraq. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Willkie Farr & Gallagher filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
14. WILLKIE FARR & GALLAGHER LLP v. DEPARTMENT OF STATE (filed Sep 11, 2020)
    The law firm of Willkie Farr & Gallagher submitted a FOIA request to the Department of State for records concerning the death of a State Department employee who was killed in Iraq and whose family is being represented by the law firm. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Willkie Farr & Gallagher filed suit
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
15. BROWN v. DEPARTMENT OF DEFENSE (filed Sep 11, 2020)
    David Brown, a journalist, submitted FOIA requests to the Department of Defense for records concerning Defense Office of Hearings and Appeals pertaining security clearance appeals. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Brown filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 5 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• CABEZAS v. FEDERAL BUREAU OF PRISONS et al (filed Sep 3, 2020)
• v. Motorola Solutions Inc et al (filed Sep 1, 2020)