NATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and 17 other new FOIA lawsuits

We have added 128 documents from 17 FOIA cases filed between November 8, 2020 and November 14, 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. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 12, 2020)
   Graham Smith, an investigative reporter for NPR, submitted a FOIA request to the Centers for Disease Control for records concerning defective test kits pertaining to the corona virus. Smith also requested expedited processing. The agency acknowledged receipt of the request. The agency located 574 pages of responsive records but withheld them entirely under Exemption 5 (privileges) and Exemption 7(A) (interference with ongoing investigation or proceeding). NPR filed an administrative appeal of the denial. The agency upheld the denial. In the interim, NPR reporter Dina Temple-Raston published a report based on a CDC review document she had obtained independently. Smith claimed Temple-Raston’s report showed the public interest in the subject matter of his request. NPR then filed suit.
   Issues: Litigation – Attorney’s fees
2. Friends of Discovery Park v. United States Department of Housing and Urban Development (filed Nov 9, 2020)
   The Friends of Discovery Park submitted four FOIA requests to the Department of Housing and Urban Development for records concerning communications between the agency, the Department of Defense, and the City of Seattle pertaining to Fort Lawton. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Friends of Discovery Park filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. FAIRWARNING INC. et al v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (filed Nov 10, 2020)
   Fairwarning, Inc. submitted a FOIA request to the National Highway Safety and Traffic Administration for records concerning the Phase 2 guidelines for the agency’s proposed visual manual driver distraction guidelines for portable and aftermarket devices. The agency acknowledged receipt of the request but after hearing nothing from the agency, Fairwarning, Inc. filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. WHITLOCK v. U.S. DEPARTMENT OF DEFENSE et al (filed Nov 10, 2020)
   Craig Whitlock, an investigative reporter for the Washington Post, submitted more than a dozen FOIA requests to the Naval Criminal Investigative Service for records concerning the Fat Leonard investigation of corruption. The agency acknowledged receipt of the requests. The agency withheld records under Exemption 5 (privileges) and Exemption 7 (law enforcement records). Whitlock filed administrative appeals of the denials but after hearing further pertaining to his requests, Whitlock filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Davis v. Executive Office for Immigration Review (filed Nov 10, 2020)
   Timothy Davis, an immigration attorney, submitted FOIA requests to the Executive Office for Immigration Review for records concerning the immigration court files for a number of his clients. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Davis filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
6. KENNY v. SCHRADING et al (filed Nov 10, 2020)
   Frank Kenny filed suit in state court in New Jersey, which involved allegations pertaining to U.S. Fish and Wildlife Service. However, this is not a FOIA claim.
   Issues: FOIA not mentioned
7. Compton v. McDonald et al (filed Nov 10, 2020)
   Jason Compton submitted a FOIA request to the Department of Veterans Affairs for records concerning his file. The agency acknowledged receipt of the request. After hearing nothing from the agency, Compton filed an administrative appeal. After hearing nothing further from the agency, Compton filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
8. Compton v. McDonald et al (filed Nov 10, 2020)
   Jason Compton submitted a FOIA request to the Department of Veterans Affairs for records concerning his claims file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Compton filed an administrative appeal. After hearing nothing further from the agency, Compton filed suit.
9. WILD HORSE FREEDOM FEDERATION v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE (filed Nov 12, 2020)
   The Wildhorse Freedom Federation submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning APHIS VS Form 10-11 Equine Infectious Anemia Laboratory Test forms from January 2016 to the present. The agency acknowledged receipt of the request and asked WFF to narrow the request. WFF did so. APHIS told WFF that it was processing the request but after hearing nothing further from the agency, WFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. WILLKIE FARR & GALLAGHER LLP v. UNITED STATES CENTRAL COMMAND J6-RDF (FOIA) (filed Nov 12, 2020)
    The law firm of Willkie Farr & Gallagher submitted 21 FOIA requests to U.S. Central Command for records concerning terrorist attacks in Iraq. The agency responded to some requests, but 14 requests remained unanswered. After the agency had still not responded to those requests, the law firm filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees, Litigation – Vaughn index
11. MARTINEZ v. FEDERAL BUREAU OF INVESTIGATION et al (filed Nov 12, 2020)
    Freddy Martinez, an investigative journalist, submitted FOIA requests to the FBI for records concerning Whitey Bulger. The FBI acknowledged receipt of the request and told Martinez that if he would narrow the scope of the request it could respond more quickly. Martinez declined to narrow the scope and asked the FBI for a fee estimate. After hearing nothing further from the agency, Martinez filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. BOUCHARD v. U.S. DEPARTMENT OF JUSTICE et al (filed Nov 12, 2020)
    Michael Bouchard submitted FOIA requests to the Department of Justice, the Department of Treasury, and U.S. Postal Inspection Service for records concerning himself. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Bouchard filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. Crow v. Internal Revenue Service (filed Nov 12, 2020)
    Stanley Crow submitted a FOIA request to the IRS for records concerning the case activity record since February 22, 2019 pertaining to the agency’s examination of him. The agency acknowledged receipt of the request. The agency disclosed 23 pages. While the response letter explained the exemptions, none of the redactions were linked to exemptions. Crow filed an administrative appeal. The agency denied the appeal. Crow then filed suit.
    Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
14. AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION v. US CITIZENSHIP AND IMMIGRATION SERVICES (filed Nov 12, 2020)
    The ACLU of Maine submitted a FOIA request to U.S. Citizenship and Immigration Service for records concerning the denial of asylum applications by the Newark Asylum Office and the Boston sub-office. The ACLU of Maine also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted the ACLU of Maine’s request for a fee waiver but denied its request for expedited processing. The ACLU of Maine filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, the ACLU of Maine filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
15. AMERICAN IDEAS INSTITUTE et al v. DEPARTMENT OF STATE (filed Nov 13, 2020)
    The American Ideas Institute, which publishes the American Conservative magazine, submitted a FOIA request to the Department of State for records concerning a foiled coup in Venezuela in May 2020 which involved former U.S. military personnel. AII also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency granted the request for a fee waiver but denied the request for expedited processing. After hearing nothing further from the agency, AII filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Nov 13, 2020)
    American Oversight submitted FOIA requests to the Department of Health and Human Services, the FDA, and the Centers for Medicare and Medicaid Services for records concerning text messages sent to or from senior officials regarding the response to the corona virus pandemic. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
17. Sosa v. Customs and Border Protection et al (filed Nov 13, 2020)
    Ingrid Victoria Sosa submitted a FOIA request to U.S. Customs and Border Protection for records concerning her interactions with federal immigration enforcement agencies. After hearing nothing from the agency, Sosa filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

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

• CASE NUMBER NOT USED (filed Nov 4, 2020)