GANDHI v. CENTERS FOR MEDICARE AND MEDICAID SERVICES and 24 other new FOIA lawsuits, plus case descriptions

We have added 166 documents from 22 FOIA cases filed between September 20, 2020 and September 26, 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. GANDHI v. CENTERS FOR MEDICARE AND MEDICAID SERVICES (filed Sep 25, 2020)
   Ashvin Dhiren Gandhi submitted a FOIA request to the Centers for Medicare and Medicaid Services for payroll based journal database records collected by the agency for FY 2020, quarter 2, including the data and variables employed by CMS in constructing this database. The agency acknowledged receipt of the request and told Gandhi that processing of the request would take between 60 and 120 days. After hearing nothing further from the agency, Gandhi filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. The Center for Investigative Reporting v. Central Intelligence Agency et al (filed Sep 22, 2020)
   Anayansi Diaz-Cortes, a reporter for the Center for Investigative Reporting, submitted FOIA requests to the CIA, the FBI, the State Department, and the Department of Defense for records concerning the disappearance of 43 Mexican students and related issues. CIR also requested expedited processing. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, CIR filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. The Center for Investigative Reporting et al v. United States Department of Justice et al (filed Sep 23, 2020)
   Anayansi Diaz-Cortes, a reporter for the Center for Investigative Reporting, submitted FOIA requests to the Department of Justice and the Department of State for records concerning the investigation of the Mexican drug cartel Guerreros Unidos. The Criminal Division, the Drug Enforcement Administration, and the Executive Office of U.S. Attorneys acknowledged receipt of the requests. The Criminal Division issued a Glomar response neither confirming nor denying the existence of records, based on Exemption 7(C) (invasion of privacy concerning law enforcement records). CIR filed an administrative appeal of the Criminal Division’s denial. The Office of Information Policy upheld the appeal. DEA also issued a Glomar response based on Exemption 7(C). CIR filed an administrative appeal of that decision but had not heard back before filing suit. EOUSA failed to respond before CIR filed suit. The State Department acknowledged receipt of the request but after hearing further from either agency, CIR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR BIOLOGICAL DIVERSITY v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Sep 21, 2020)
   The Center for Biological Diversity submitted a FOIA request to the Department of Interior for records concerning the withdrawal of a 2014 decision by U.S. Fish and Wildlife Service to discontinue the use of neonicotinoid pesticides. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. UNITED STATES DEPARTMENT OF TRANSPORTATION (filed Sep 21, 2020)
   Judicial Watch submitted a FOIA request to the Department of Transportation for records concerning emails between the Federal Highway Administration and the District of Columbia’s Department of Transportation pertaining to the paining of Black Lives Manner on the pavement on 16th St. NW. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. AMERICAN OVERSIGHT v. U.S. POSTAL SERVICE (filed Sep 21, 2020)
   American Oversight submitted FOIA requests to U.S. Postal Service for records concerning communications to or from Louis DeJoy or his staff pertaining to a list of keywords related to voting by mail. A second request asked for records pertaining to written guidance on voting by mail issues. American Oversight also requested expedited processing. The agency acknowledged receipt of the requests. The agency told American Oversight it could find no records pertaining to written guidance. American Oversight filed an administrative appeal of the no records decision. 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, Litigation – Vaughn index
7. BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW v. UNITED STATES DEPARTMENT OF COMMERCE et al (filed Sep 21, 2020)
   The Brennan Center for Justice submitted FOIA requests to the Department of Commerce, the Department of Justice, and OMB for records concerning the Trump administration’s attempt to include a citizenship question on the 2020 census. The Brennan Center also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the Brennan Center filed suit.
   Issues: Expedited processing – Compelling Need, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. SANDS v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Sep 21, 2020)
   Jestan Sands, a citizen of the Bahamas, submitted a FOIA request to the Department of Homeland Security for records concerning Sands’ status as a cooperator with the office of Homeland Security Investigations and information he provided about Peter Nygaard. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sands filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. ELECTRONIC FRONTIER FOUNDATION et al v. OFFICE OF MANAGEMENT AND BUDGET et al (filed Sep 22, 2020)
   The Electronic Frontier Foundation and the Center for Democracy and Technology submitted FOIA requests to OMB and the Department of Justice for records concerning the implementation of the May 2020 Executive Order on Preventing Online Censorship. EFF and CDT also asked for expedited processing. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, EFF and CDT filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Sep 24, 2020)
    American Oversight submitted two FOIA requests to the Department of Justice for records concerning communications that former Justice Anthony Kennedy had with the Trump administration and any preferences Kennedy expressed for who should replace him. 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, Litigation – Vaughn index
11. SPECTOR-NARANJO v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Sep 24, 2020)
    Chiara Spector-Naranjo, an attorney who represented plaintiffs in a suit alleging securities fraud, submitted a FOIA request to the Securities and Exchange Commission for records concerning the investigation of Biscayne Capital International. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Spector-Naranjo filed an administrative appeal of the denial. The agency found that Exemption 7(A) was no longer applicable but indicated that a search for records would take some time. After hearing nothing further from the agency, Spector-Naranjo filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
12. NORRIS v. DEPARTMENT OF THE ARMY (filed Sep 25, 2020)
    Jack Norris submitted a FOIA request to the Department of the Army for records concerning testimony by Army Capt. Jack Kummer to identify a sample of Norris’ handwriting. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Norris filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. WILD HORSE FREEDOM FEDERATION v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE (filed Sep 26, 2020)
    The Wildhorse Freedom Federation submitted a FOIA request to Animal and Plant Health Inspection Service for records concerning veterinary health certificates issued for export of immediate slaughter horses from the United States to Mexico issued from January 2016 to the present. The agency acknowledged receipt of the request. The agency told WFF that the request was being referred to field offices for processing. After hearing nothing further from the agency, WFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Insider Inc. et al v. Treasury Inspector General for Tax Administration (filed Sep 24, 2020)
    Angela Wang, a reporter for Business Insider, submitted a FOIA request to the Treasury Inspector General for Tax Administration for records concerning a 150-page report compiled for the agency by former FBI agent Jeff Novitsky pertaining to the use of performance enhancing drugs by Olympic-level athletes. Wang also requested a fee waiver. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records based on Exemption 7(C) (invasion of privacy concerning law enforcement records). Wang filed an administrative appeal of the denial. The agency upheld the agency’s Glomar response. Wang then filed suit.
    Issues: Litigation – Attorney’s fees, Public Interest Fee Waiver
15. The Cincinnati Enquirer v. Department of Justice et al (filed Sep 22, 2020)
    Julia Fair, a reporter for the Cincinnati Enquirer, submitted FOIA requests to the Department of Justice for records concerning the handling of allegations of drug use by Ryan Jacobs, a Kentucky Commonwealth Attorney, by the DEA and the Executive Office of U.S. Attorneys. The agency acknowledged receipt of the request. The agency then issued a Glomar response neither confirming nor denying the existence of records, citing Exemption 7(C) (invasion of privacy concerning law enforcement records). The Cincinnati Enquirer filed an administrative appeal of the denial but after hearing anything further from the agency, the Cincinnati Enquirer filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
16. Schlumberger Technology Coporation v. United States Department of Labor, Occupational Safety and Health Administration (filed Sep 23, 2020)
    Schlumberger Technology Corporation submitted a FOIA request to the Occupational Safety and Health Administration for records concerning the agency’s investigation of a workplace accident at a facility in Galveston, particularly witness statements made by three employees. The agency acknowledged receipt of the request and assessed Schlumberger Technology $50 for processing the request. The agency disclosed 136 pages withholding portions under Exemption 5 (privileges), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources). Schlumberger Technology filed an administrative appeal of the denial. After hearing nothing further from the agency, Schlumberger Technology Corporation filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. Sea Shepherd Legal v. National Oceanic and Atmospheric Administration et al (filed Sep 23, 2020)
    Sea Shepherd Legal submitted a FOIA request to the National Marine Fisheries Service for records concerning the New Zealand Maui dolphin. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sea Shepherd Legal filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. HARRINGTON v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Sep 21, 2020)
    Kohl Harrington, a documentary filmmaker, submitted three FOIA requests for emails from agency employees Brandon Gaylord, Michael Marquis, Kim Hutchinson, Natasha Taylor, Brandon Lancey, or Greg Montross containing Kohl Harrington as the key term. He also submitted a request to the FDA for all records of appeals. The agency acknowledged receipt of the request but after hearing nothing further from the agency, he filed suit.
    Issues: Failure to respond within statutory time limit
19. HOHNER v. U.S. DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION et al (filed Sep 22, 2020)
    Edward Dean Hohner, who had been convicted of a drug-related murder in California, submitted FOIA requests to the Drug Enforcement Administration and the FBI for records concerning his investigation and conviction. The agencies acknowledged receipt of the requests but after the agencies failed to respond, Hohner filed suit in the Central District of California. His case was then transferred to the District Court for the District of Columbia.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index
20. BUZZFEED INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Sep 22, 2020)
    BuzzFeed submitted FOIA requests to the Department of Health and Human Services and the National Institute of Health for records concerning communications to Anthony Fauci pertaining to a project entitled Understanding the Risk of Bat Coronavirus Emergence. BuzzFeed also requested expedited processing. The agency acknowledged receipt of the requests. The agency granted expedited processing but denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). BuzzFeed filed an administrative appeal. After hearing nothing further from the agency, BuzzFeed filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. ALLIANCE FOR AMERICAN MANUFACTURING v. UNITED STATES DEPARTMENT OF TRANSPORTATION (filed Sep 23, 2020)
    The Alliance for American Manufacturing submitted a FOIA request to the Department of Transportation for records concerning a contracted entitled Use of Steel and Iron Materials in Highway Construction. The agency acknowledged receipt of the request but after hearing nothing further, AAM filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
22. HUMAN RIGHTS DEFENSE CENTER v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Sep 23, 2020)
    The Human Rights Defense Center submitted a FOIA request to the Department of Veterans Affairs for records concerning the VA Police Services. HRDC also requested inclusion in the news media fee category. The agency acknowledged receipt of the request but after hearing nothing further from the agency, HRDC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 5 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. RUDOMETKIN v. PEDE et al (filed Sep 15, 2020)
2. Glennborough Homeowners Association v. The United States Postal Service (filed Sep 14, 2020)
3. Charpentier et al v. Department Of Homeland Security et al (filed Sep 14, 2020)