Skip to content

FOIA Activity: 274 new FOIA court documents, plus case descriptions

by Harry Hammitt on December 11th, 2020

We have added 126 documents from 17 FOIA cases filed between November 29, 2020 and December 5, 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. US Right to Know v. United States Department of State (filed Nov 30, 2020)
    US Right to Know submitted a FOIA request to the Department of State for records concerning communications involving a list of agency senior officials and search terms related to the Wuhan Institute of Virology. USRTK also requested a fee waiver. The agency acknowledged receipt of the request and told USRTK that the request would be put in the complex track for processing. After hearing nothing further from the agency, USRTK filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  2. Byrne v. National Security Agency et al (filed Nov 30, 2020)
    Peter Byrne, a freelance journalist, submitted a FOIA request to the National Security Agency for records concerning a variety of historical records pertaining to NSA operations. Byrne also requested a fee waiver. The agency acknowledged receipt of the request and told Byrne that the number of responsive records would be minimal and no fees would be assessed. However, after the agency had not responded two years later, Byrne filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  3. DIAMOND A RANCH, WESTERN DIVISION, L.L.C. et al v. WOLF et al (filed Nov 30, 2020)
    The Diamond A Ranch and the Guadalupe Ranch Corporation submitted a FOIA request to U.S. Army Corps of Engineers for records concerning contracts and related materials pertaining to the Tucson Sector Barrier Wall Replacement Project. The agency acknowledged receipt of the request but the Corps of Engineers told the Diamond A Ranch that contracts needed to be sent to contractors for comment before being disclosed. After hearing nothing further from the agency, Diamond A Ranch filed suit. Diamond A Ranch also filed suit against the Department of Homeland Security for constitutional violations.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  4. ISIKOFF v. DEPARTMENT OF JUSTICE (filed Nov 30, 2020)
    Journalist Michael Isikoff submitted a FOIA request to the Department of Justice for records. The Office of Information Policy acknowledged receipt of the request and told Isikoff that his reqeust fell witnin the unusual circumstances exception for processing. After hearing nothing further from the agency, Isikoff filed
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. JAMES MADISON PROJECT et al v. DEPARTMENT OF THE INTERIOR (filed Nov 30, 2020)
    The James Madison Project and Noah Shachtman, a reporter for the Daily Beast, submitted a FOIA request to the Department of Interior for records concerning a tweet that was authorized by the Department of Interior. The agency acknowledged receipt of the request by after hearing nothing further from the agency, JMP and Shachtman filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  6. Los Angeles Times Communications LLC v. U.S. Department of Homeland Security et al (filed Dec 1, 2020)
    Los Angeles Times Communications filed five FOIA requests with the Department of Homeland Security for records concerning the preparation of an Inspector General’s report faulting the agency’s operation of immigration detention centers. The newspaper also requested a fee waiver. The agency acknowledged request of the requests but after hearing nothing further from the agency, Los Angeles Times Communications filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – In camera review, Litigation – Vaughn index
  7. INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION v. DEPARTMENT OF STATE (filed Dec 1, 2020)
    The Institute for Constitutional Advocacy and Protection submitted a FOIA request for records concerning the action memo submitted to the Assistant Secretary for Consular Affairs in connection with the drafting of the June 2019 Federal Register Notice entitled Visas: Diversity Immigrants. The agency acknowledged receipt of the request and told ICAP that the request fell under the unusual circumstances exception. After hearing nothing further from the agency, ICAP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  8. FIRST LOOK MEDIA WORKS, INC. et al v. U.S. AGENCY FOR GLOBAL MEDIA (filed Dec 1, 2020)
    Lee Fang, a reporter for The Intercept, submitted a FOIA request to U.S. Agency for Global Media for records concerning the politicization of the agency by its recently appointed director, Michael Pack. Fang also requested expedited processing and a fee waiver. The agency acknowledged receipt the request but after hearing nothing further from the agency, First Look Media Works and Fang filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  9. HUMAN RIGHTS DEFENSE CENTER v. U.S. BUREAU OF PRISONS et al (filed Dec 2, 2020)
    The Human Rights Defense Center, the publisher of Prison Legal News, submitted a FOIA request to the Bureau of Prisons for records concerning BOP staff members who were deployed to Washington, DC for riot or other civil unrest occurring outside BOP facilities since March 2020. HRDC also requested a fee waiver. 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, Public Interest Fee Waiver
  10. DUDA v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Dec 2, 2020)
    Kelley Duda, a documentary filmmaker, submitted two FOIA requests to the National Archives and Records Administration for records concerning a file entitled Tainted Blood/Cummins Prison, Arkansas, which was contained in records of Independent Counsel Kenneth Starr, Robert Ray, and Julie Thomas. The agency acknowledged receipt of the requests. The agency told Duda that her first request involved about 100 pages. After hearing nothing further from the agency, Duda filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  11. Lorfils v. U.S. Attorney General et al (filed Dec 2, 2020)
    Magliore Lorfils submitted a FOIA request to the Department of Justice for records concerning his removal proceeding. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lorfils files suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  12. American Civil Liberties Union v. United States Department of Homeland Security et al (filed Dec 2, 2020)
    The American Civil Liberties Union submitted a FOIA request to the Department of Homeland Security. U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement for records concerning contracts or agreements with Venntel, Inc. pertaining to access to commercial databases containing cell phone location data. The ACLU also request expedited processing and a fee waiver. All three agencies acknowledged receipt of the request. CBP granted the ACLU’s requests for expedited processing and a fee waiver. After hearing nothing further from any of the three agencies, the ACLU filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  13. Natural Resources Defense Council, Inc. v. U.S. Department of the Interior (filed Dec 2, 2020)
    The Natural Resources Defense Council submitted a FOIA request to the Department of Interior for records concerning the agency’s decision to change its interpretation of an exception in the Coastal Barrier Resources Act that allowed development of barrier islands only to protect wildlife. NRDC also requested a fee waiver. The agency acknowledged receipt of the request and granted NRDC’s request for a fee waiver. However, after hearing nothing further from the agency, NRDC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  14. LOUISE TRAUMA CENTER LLC v. UNITED STATES DEPARTMENT OF JUSTICE (filed Dec 3, 2020)
    The Louise Trauma Center submitted four FOIA requests to the Department of Justice for records concerning the Brief Bank and other litigation materials. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Louise Trauma Center filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  15. CENTER FOR MEDIA AND DEMOCRACY v. UNITED STATES INTERNAL REVENUE SERVICE (filed Dec 3, 2020)
    The Center for Media and Democracy submitted a FOIA request to the IRS for records concerning Part XV of certain IRS form 990s pertaining to tax-exempt organizations. The agency acknowledged receipt of the request and told CMD to request the records using IRS Form 4506-A. CMD filed an administrative appeal. After hearing nothing further from the agency, CMD filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  16. Center for Food Safety v. Environmental Protection Agency (filed Dec 4, 2020)
    The Center for Food Safety submitted four FOIA requests to the EPA for records concerning the EPA’s decision-making process regarding the registration of dicamba pesticides on April 12 and April 29, 2019, June 17, 2019, and February 11, 2020. CFS also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CFS filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  17. Llamas et al v. U.S. Department of Justice (filed Dec 5, 2020)
    Noelle Llamas and Ken Klippenstein submitted FOIA requests to the Department of Justice for records concerning annual totals of crime reports for the unauthorized disclosure of classified information. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Llamas and Klippenstein filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 148 documents from 141 cases, with earlier filing dates, that have recently appeared on PACER.

  1. MOORE v. UNITED STATES DEPARTMENT OF JUSTICE (filed Nov 23, 2020)
  2. USA v. Terango (closed 07/19/2005)’ checked=’1 (filed Jan 5, 2005)
  3. USA v. Bedingfield (closed 10/18/2001) (filed Jun 20, 2001)
  4. USA v. Hamdan (closed 05/07/2002) (filed Jun 14, 2001)
  5. USA v. Johnson (closed 12/13/2001) (filed Jun 1, 2001)
  6. In Re: Megan S. Cryans (closed 04/07/2003) (filed Mar 5, 2001)
  7. USA v. Phillips (closed 07/09/2001) (filed Mar 1, 2001)
  8. USA v. 1157 Rivers Reach Dr (closed 02/26/2001) (filed Feb 26, 2001)
  9. USA v. SIMS (closed 05/07/2002) (filed Feb 13, 2001)
  10. UNITED STATES OF AMERICA v. Carter (closed 10/11/2001) (filed Jan 24, 2001)
  11. USA v. Murthy, et al (closed 07/24/2001) (filed Jan 24, 2001)
  12. USA v. Garrison (closed 01/12/2001) (filed Jan 12, 2001)
  13. USA v. BROWN (closed 03/30/2001) (filed Jan 11, 2001)
  14. USA v. Crayton (closed 05/18/2001) (filed Jan 11, 2001)
  15. USA v. BROWN (closed 03/30/2001) (filed Jan 11, 2001)
  16. USA v. BROWN (closed 03/30/2001) (filed Jan 11, 2001)
  17. USA v. BROWN (closed 03/30/2001) (filed Jan 11, 2001)
  18. USA v. PRICE (closed 09/16/2004) (filed Jan 10, 2001)
  19. USA v. PRICE (closed 09/16/2004) (filed Jan 10, 2001)
  20. USA v. PRICE (closed 09/16/2004) (filed Jan 10, 2001)
  21. USA v. Bautista-Caldera (closed 05/18/2001) (filed Jan 10, 2001)
  22. USA vs Mark McCurdy (closed 08/03/2001) (filed Jan 10, 2001)
  23. USA v. Torno (closed 11/20/2001) (filed Jan 10, 2001)
  24. USA v. Sim (closed 05/18/2001) (filed Jan 10, 2001)
  25. USA v. PRICE (closed 09/16/2004) (filed Jan 10, 2001)
  26. USA v. PRICE (closed 09/16/2004) (filed Jan 10, 2001)
  27. UNITED STATES OF AMERICA v. MCCULLOUGH (closed 08/14/2001) (filed Jan 9, 2001)
  28. USA v. PARKER (closed 10/26/2001) (filed Jan 9, 2001)
  29. UNITED STATES OF AMERICA v. MCCULLOUGH (closed 08/14/2001) (filed Jan 9, 2001)
  30. USA v. Yim (closed 05/18/2001) (filed Jan 9, 2001)
  31. USA v. PARKER (closed 10/26/2001) (filed Jan 9, 2001)
  32. USA v. Yim (closed 05/18/2001) (filed Jan 9, 2001)
  33. USA v. RODGERS (closed 02/05/2002) (filed Jan 9, 2001)
  34. USA v. PARKER (closed 10/26/2001) (filed Jan 9, 2001)
  35. UNITED STATES OF AMERICA v. MCCULLOUGH (closed 08/14/2001) (filed Jan 9, 2001)
  36. USA v. RODGERS (closed 02/05/2002) (filed Jan 9, 2001)
  37. USA v. RODGERS (closed 02/05/2002) (filed Jan 9, 2001)
  38. USA v. RODGERS (closed 02/05/2002) (filed Jan 9, 2001)
  39. UNITED STATES OF AMERICA v. MCCULLOUGH (closed 08/14/2001) (filed Jan 9, 2001)
  40. UNITED STATES OF AMERICA v. MCCULLOUGH (closed 08/14/2001) (filed Jan 9, 2001)
  41. USA v. Elespuru (closed 01/09/2001) (filed Jan 9, 2001)
  42. USA v. PARKER (closed 10/26/2001) (filed Jan 9, 2001)
  43. USA v. PARKER (closed 10/26/2001) (filed Jan 9, 2001)
  44. USA v. PARKER (closed 10/26/2001) (filed Jan 9, 2001)
  45. USA v. PARKER (closed 10/26/2001) (filed Jan 9, 2001)
  46. USA v. RODGERS (closed 02/05/2002) (filed Jan 9, 2001)
  47. UNITED STATES OF AMERICA v. MCCULLOUGH (closed 08/14/2001) (filed Jan 9, 2001)
  48. USA v. PARKER (closed 10/26/2001) (filed Jan 9, 2001)
  49. USA v. Evans (closed 01/08/2001) (filed Jan 8, 2001)
  50. USA v. WASHINGTON (filed Jan 8, 2001)
  51. USA v. WASHINGTON (filed Jan 8, 2001)
  52. USA v. WASHINGTON (filed Jan 8, 2001)
  53. USA v. WASHINGTON (filed Jan 8, 2001)
  54. USA v. GARCIA (closed 04/24/2001) (filed Jan 8, 2001)
  55. USA v. WASHINGTON (filed Jan 8, 2001)
  56. USA v. WASHINGTON (filed Jan 8, 2001)
  57. USA v. Evans (closed 01/08/2001) (filed Jan 8, 2001)
  58. USA v. WASHINGTON (filed Jan 8, 2001)
  59. USA v. WASHINGTON (filed Jan 8, 2001)
  60. USA v. DRAPER (closed 01/03/2002) (filed Jan 8, 2001)
  61. USA v. WASHINGTON (filed Jan 8, 2001)
  62. USA v. Brown (closed 06/20/2001) (filed Jan 5, 2001)
  63. USA v. Montague (closed 06/13/2001) (filed Jan 5, 2001)
  64. USA v. Nieto (closed 03/29/2001) (filed Jan 5, 2001)
  65. USA v. HINES (closed 04/05/2001) (filed Jan 4, 2001)
  66. USA v. Genden (closed 06/04/2001) (filed Jan 4, 2001)
  67. USA v. Barone (closed 06/25/2002) (filed Jan 4, 2001)
  68. USA v. HINES (closed 04/05/2001) (filed Jan 4, 2001)
  69. USA v. Perry (closed 03/13/2001) (filed Jan 4, 2001)
  70. USA v. Genden (closed 06/04/2001) (filed Jan 4, 2001)
  71. In Re: Appl for appointment v. NULL (closed 06/04/2001) (filed Jan 4, 2001)
  72. USA v. Amaya-Gomez (closed 04/27/2001) (filed Jan 4, 2001)
  73. USA v. Lopez (closed 10/26/2001) (filed Jan 4, 2001)
  74. USA v. Portilla (closed 06/29/2001) (filed Jan 4, 2001)
  75. USA v. MCIVER (filed Jan 4, 2001)
  76. USA v. Lopez (closed 10/26/2001) (filed Jan 4, 2001)
  77. USA v. MCIVER (filed Jan 4, 2001)
  78. USA v. McCLURE et al (closed 10/15/2002)’ defendant=’0 (filed Jan 4, 2001)
  79. USA v. MCIVER (filed Jan 4, 2001)
  80. USA v. Glaudi (closed 05/30/2001) (filed Jan 4, 2001)
  81. USA v. Vazquez-Carreon (closed 04/02/2001) (filed Jan 4, 2001)
  82. USA v. Fletes (closed 04/30/2001) (filed Jan 4, 2001)
  83. USA v. MCIVER (filed Jan 4, 2001)
  84. In Re: Appl for appointment v. NULL (closed 06/04/2001) (filed Jan 4, 2001)
  85. USA v. Ajayi (closed 05/29/2002) (filed Jan 4, 2001)
  86. USA v. Lyabel (closed 08/06/2001) (filed Jan 4, 2001)
  87. USA v. HINES (closed 04/05/2001) (filed Jan 4, 2001)
  88. USA v. Lyabel (closed 08/06/2001) (filed Jan 4, 2001)
  89. USA v. Perry (closed 03/13/2001) (filed Jan 4, 2001)
  90. United States of America v. Brinkley (closed 07/29/2002) (filed Jan 4, 2001)
  91. USA v. Hong’s Merchandising (closed 05/17/2001) (filed Jan 4, 2001)
  92. USA v. HINES (closed 04/05/2001) (filed Jan 4, 2001)
  93. USA v. MCIVER (filed Jan 4, 2001)
  94. USA v. Portilla (closed 06/29/2001) (filed Jan 4, 2001)
  95. USA v. Sands (closed 08/05/2003) (filed Jan 4, 2001)
  96. USA v. Velandia (closed 02/11/2004) (filed Jan 4, 2001)
  97. USA v. HINES (closed 04/05/2001) (filed Jan 4, 2001)
  98. USA v. Dignam (closed 01/03/2001) (filed Jan 3, 2001)
  99. USA v. KIDD et al (closed 08/09/2005)’ defendant=’0 (filed Jan 3, 2001)
  100. USA v. WILKINS (closed 12/14/2001)’ defendant=’0 (filed Jan 3, 2001)
  101. USA v. Salim (closed 05/03/2004) (filed Jan 3, 2001)
  102. USA v. CHERY, JEAN BRISSON (closed 02/26/2020) (filed Jan 3, 2001)
  103. USA v. Lopez-Aguilar (closed 11/18/2002)’ defendant=’0 (filed Jan 3, 2001)
  104. USA v. Nash (closed 01/03/2001) (filed Jan 3, 2001)
  105. USA v. Salim (closed 05/03/2004) (filed Jan 3, 2001)
  106. United States of America v. Green et al (closed 09/14/2001)’ defendant=’0 (filed Jan 3, 2001)
  107. USA v. Cantua-Gutierrez (closed 05/18/2001)’ defendant=’0 (filed Jan 3, 2001)
  108. USA, et al v. Lua-Madrigal (closed 08/12/2002) (filed Jan 2, 2001)
  109. USA, et al v. Guzman-Soto (closed 04/25/2001) (filed Jan 2, 2001)
  110. USA v. Al-Haj (closed 04/19/2002) (filed Jan 2, 2001)
  111. Carner v. Ross, et al (closed 03/20/2001) (filed Jan 2, 2001)
  112. SCOTT, et al v. AARON METER COMPANY (closed 07/12/2001) (filed Jan 2, 2001)
  113. USA v. Wurts (closed 03/23/2001) (filed Jan 2, 2001)
  114. United States of America v. Cervantes-Aguinaga (closed 01/28/2002) (filed Jan 2, 2001)
  115. USA v. Hembree (closed 01/02/2001) (filed Jan 2, 2001)
  116. SCOTT, et al v. AARON METER COMPANY (closed 07/12/2001) (filed Jan 2, 2001)
  117. SCOTT, et al v. AARON METER COMPANY (closed 07/12/2001) (filed Jan 2, 2001)
  118. USA v. Hooks (closed 01/02/2001) (filed Jan 2, 2001)
  119. SCOTT, et al v. AARON METER COMPANY (closed 07/12/2001) (filed Jan 2, 2001)
  120. SCOTT, et al v. AARON METER COMPANY (closed 07/12/2001) (filed Jan 2, 2001)
  121. SCOTT, et al v. AARON METER COMPANY (closed 07/12/2001) (filed Jan 2, 2001)
  122. USA v. Alberto-Serrano (filed Jan 2, 2001)
  123. United States of America v. Cervantes-Aguinaga (closed 01/28/2002) (filed Jan 2, 2001)
  124. Montgomery v. Direct Loan (filed Jan 2, 2001)
  125. Willett v. Ruph (closed 03/05/2001) (filed Jan 2, 2001)
  126. SCOTT, et al v. AARON METER COMPANY (closed 07/12/2001) (filed Jan 2, 2001)
  127. SCOTT, et al v. AARON METER COMPANY (closed 07/12/2001) (filed Jan 2, 2001)
  128. USA v. Simas (filed Jan 12, 2000)
  129. USA v. LEWIS (filed Jan 7, 2000)
  130. USA v. LEWIS (filed Jan 7, 2000)
  131. USA v. Torres-Valdovinos (filed Jan 7, 2000)
  132. USA v. BEVINEAU (closed 04/05/2000) (filed Jan 6, 2000)
  133. USA v. DELANEY (closed 10/06/2000) (filed Jan 6, 2000)
  134. USA v. BOYER (closed 01/06/2000) (filed Jan 6, 2000)
  135. USA v. DIETRICH, et al (closed 01/25/2010)’ defendant=’0 (filed Jan 6, 2000)
  136. USA v. ADETOKUNBO (closed 04/19/2000) (filed Jan 6, 2000)
  137. USA v. Dejanu et al’ defendant=’0 (filed Jan 6, 2000)
  138. USA v. Elliott (closed 01/06/2000) (filed Jan 5, 2000)
  139. UNITED STATES OF AMERICA v. EDELIN (filed Jan 4, 2000)
  140. USA v. Gujar (closed 02/24/2000) (filed Jan 3, 2000)
  141. In Re: Railroad Litigations v. Meserve, et al (filed Mar 8, 1994)

From → FOIA, PACER

No comments yet

Leave a Reply

Note: XHTML is allowed. Your email address will never be published.

Subscribe to this comment feed via RSS

Skip to toolbar