FOIA Activity: 58 new FOIA court documents, plus case descriptions

We have added 56 documents from 10 FOIA cases filed between November 22, 2020 and November 28, 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. Hooker v. Department of Veterans Affairs (filed Nov 22, 2020)
   Carleton Hooker submitted a FOIA request to the Department of Veterans Affairs for records concerning a VA police investigative report pertaining to himself. The agency acknowledged receipt of the request. The agency disclosed a two-page copy of the report. Carleton filed an administrative appeal, claiming it was not the original report he had requested. The agency denied Carleton’s appeal. Carleton then filed suit.
   Issues: Litigation – Recovery of Costs
2. Animal Legal Defense Fund v. Animal and Plant Health Inspection Service (filed Nov 23, 2020)
   The Animal Legal Defense Fund submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning contracts between APHIS and RC Wildgame Custom Processing and/or Russell Spence. The agency acknowledged receipt of the request. The agency responded by providing nine pages with redactions under Exemption 4 (confidential business information). ALF filed an administrative appeal. After hearing nothing further from the agency, ALF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. NEW ENGLAND ANTI-VIVISECTION SOCIETY v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 23, 2020)
   The New England Anti-Vivisection Society submitted a FOIA request to the Department of Health and Human Services for records concerning a study involving marmosets that had been conducted by the National Institute of Mental Health. The agency acknowledged receipt of the request but after hearing nothing further from the agency the New England Anti-Vivisection Society filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. NAULT v. FOOD AND DRUG ADMINISTRATION et al (filed Nov 24, 2020)
   Eric Nault submitted five FOIA requests to the FDA for records concerning various named employees as well as records pertaining to salmonella strands. The agency acknowledged receipt of the requests and told Nault that it would take 18-24 months to process of them. After hearing nothing further from the agency pertaining to any of his requests, Nault filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. County of Mille Lacs, Minnesota et al v. United States Department of Interior (filed Nov 24, 2020)
   The County of Mille Lacs, Minnesota submitted a FOIA request to the Department of Interior for records concerning a 1932 opinion by the Office of the Solicitor regarding the boundaries of the Mille Lac Reservation. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Mille Lacs County filed suit.
6. Emery Celli Brinckerhoff Abady Ward & Maazel, LLP v. United States Department of Justice et al (filed Nov 24, 2020)
   The law firm of Emery Celli Brinckerhoff Abrady Ward & Maazel, which was representing the estate of Jamel Floyd who had died in federal prison, submitted a FOIA request to the Department of Justice for records concerning Floyd’s death. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). The law firm filed an administrative appeal. The agency upheld its original denial on appeal. The law firm then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
7. Fitzsimmons, Nunn & Plukas, LLP v. US Immigration and Customs Enforcement et al (filed Nov 24, 2020)
   The law firm of Fitzsimmons Nunn & Plukas submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the contract for custodial and related services for the Buffalo Federal Detention Center and records of slip and fall accident complaints. The agency acknowledged receipt of the request and told the law firm that it had no responsive records. The law firm filed an administrative appeal. The agency remanded the request for a new search. However, after hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Connecticut Fair Housing Ctr v. United States Department of Housing and Urban Development (filed Nov 25, 2020)
   The Connecticut Fair Housing Center submitted a FOIA request to the Department of Housing and Urban Development for records concerning the identity of foreclosure commissioners used to foreclose on Home Equity Foreclosure Mortgages. CFHC also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CFHC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
9. De La Cruz v. US Department of Justice, Executive Office of US Attorneys et al (filed Nov 25, 2020)
   Sergio de la Cruz submitted a FOIA request to the Department of Justice for records concerning an indictment brought against him. De la Cruz also requested expedited processing. After hearing nothing from the agency, de la Cruz’s attorney filed an administrative appeal. After hearing nothing further from the agency, de la Cruz filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Winkler Law LLC v. U.S. Department of Veterans Affairs (filed Nov 26, 2020)
    The Winkler Law Firm submitted six FOIA requests to the Department of Veterans Affairs for records concerning protective gear provided to staff at various named VA hospitals. After hearing nothing from the agency, the Winkler Law Firm filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

• BRINS v. FEDERAL BUREAU OF INVESTIGATION et al (filed Nov 17, 2020)
• CASE NUMBER NOT USED (filed Nov 16, 2020)