FOIA Activity: 63 new FOIA court documents, plus case descriptions

We have added 52 documents from 8 FOIA cases filed between November 15, 2020 and November 21, 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. First Look Media Works, Inc. et al v. U.S. Agency for Global Media (filed Nov 16, 2020)
   Lee Fang, an investigative reporter for The Intercept, submitted a FOIA request to the U.S. Agency for Global Media for records concerning policies implemented by recently appointed director Michael Pack that threatened the independence of journalists working for Voice of America, particularly his decision to terminate relationships with journalists in other countries. Fang also requested expedited processing and a fee waiver. After hearing nothing further from the agency, First Look Media Works filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
2. JUDICIAL WATCH, INC. v. CENTRAL INTELLIGENCE AGENCY et al (filed Nov 16, 2020)
   Judicial Watch submitted FOIA requests to the CIA, the Department of Defense, the Department of Energy, the Department of Justice, the Office of the Director of National Intelligence, the Department of State, and the Department of Treasury for records concerning requests to unmask the identity of Michael Flynn in intelligence reports. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. STONEHILL v. CENTRAL INTELLIGENCE AGENCY (filed Nov 16, 2020)
   Pauline Stonehill, a co-executor of the estate of Harry Stonehill, submitted a FOIA request to the CIA for records concerning Harry Stonehill, Menhart Spielman, Jose Lukban, and Damasco Norton from 1955 through 1974. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Stonehill filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. LEWIS v. U.S. CUSTOMS AND BORDER PROTECTION (filed Nov 20, 2020)
   Penney Lewis submitted a FOIA request to U.S. Customs and Border Protection for records about herself. Lewis was the Branch Chief of the Office of Professional Responsibility at CBP when a subordinate accused her of creating a hostile work environment. Although the subordinate’s EEO complaint was not substantiated, Lewis claimed the agency continued to harass her, even after she took a job at another agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lewis filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Ruza v. Consumer Financial Protection Bureau (filed Nov 18, 2020)
   Steven Ruza submitted a series of FOIA requests to the Consumer Financial Protection Bureau. After hearing nothing further from the agency, Ruza filed suit.
   Issues: Failure to respond within statutory time limit
6. Schumacher v. Triad Adoption Inc. (filed Nov 16, 2020)
   John Schumacher sent requests to Triad Adoption, Inc. in his attempt to locate his sons. He then filed suit. Although he referred to his requests as FOIA requests, this is not a FOIA claim.
   Issues: FOIA not mentioned
7. CATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al (filed Nov 17, 2020)
   The Cato Institute submitted a FOIA request to the FBI for records mentioning the Cato Institute and containing a list of search topics. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Hooker v. USDOJ – Executive Office of United States Attorneys (filed Nov 20, 2020)
   Carleton Hooker submitted a FOIA request to the Executive Office of U.S. Attorneys for records concerning evidence in the possession of an Assistant U.S. Attorney. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hooker filed suit.
   Issues: Failure to respond within statutory time limit

In addition, we have added 11 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. AMADOR v. BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS (filed Nov 13, 2020)
2. PARSICK v. UNITED STATES ARMY (filed Nov 9, 2020)
3. AKEL V. UNITED STATES DEPARTMENT OF JUSTICE (filed Nov 9, 2020)