The New York Times Company v. Centers for Medicare and Medicaid Services and 8 other new FOIA lawsuits

We have added 66 documents from 9 FOIA cases filed between January 24, 2021 and January 30, 2021. 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. The New York Times Company v. Centers for Medicare and Medicaid Services (filed Jan 26, 2021)
   The New York Times submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning various companies and organizations related to nursing homes. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the New York Times filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. DIAZ ROSADO v. U.S. DEPARTMENT OF JUSTICE et al (filed Jan 26, 2021)
   Jose Diaz Rosado, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning his cooperation agreement as a confidential source. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rosado filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. Saleh v. U.S. Department of State et al (filed Jan 26, 2021)
   Waleed Nagi Saleh submitted a FOIA request for records concerning his revoked passport and birth abroad records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Saleh filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Asch v. Department of Homeland Security et al (filed Jan 26, 2021)
   Marc Aaron Asch, an immigration attorney, submitted FOIA requests to the Department of Homeland Security for records concerning his clients. The agency acknowledged receipt of the requests. Asch finally filed a pattern and practice suit against the agency.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. NATIONAL WILDLIFE FEDERATION v. U.S. ARMY CORPS OF ENGINEERS (filed Jan 27, 2021)
   The National Wildlife Federation submitted a FOIA request to U.S. Army Corps of Engineers for records concerning an Agency Technical Review Summary Report for the Pearl River Watershed. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges). NWF filed an administrative appeal. After hearing nothing further from the agency, NWF filed suit.
   Issues: Failure to respond within statutory time limit, Segregability – Disclosure of all non-exempt records, Litigation – Attorney’s fees
6. PROJECT ON GOVERNMENT OVERSIGHT, INC. (filed Jan 27, 2021)
   The Project on Government Oversight submitted three FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the Adelanto detention center. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. MARTINO v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jan 28, 2021)
   Nicholas Kyle Martino submitted a FOIA request to the FBI and U.S. Marshals Service for records concerning the agencies surveillance of him. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Martino filed suit.
   Issues: Failure to respond within statutory time limit, Fees
8. TOBIAS v. U.S. DEPARTMENT OF INTERIOR et al (filed Jan 29, 2021)
   Jimmy Tobias, an independent reporter submitted multiple requests to the Department of the Interior for records on a variety of topics. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tobias filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. Blixseth v. Federal Bureau Of Investigation (filed Jan 29, 2021)
   Timothy Blixseth submitted a FOIA request to the FBI for records concerning him and his company. The agency acknowledged receipt of the request. After hearing nothing from the agency, Blixseth filed a complaint with the Office of Government Information Services. Blixseth submitted a second FOIA request to the FBI for records concerning himself and his company. The agency acknowledged of the request and told Blixseth that it had searched for records but found no responsive records. After hearing nothing further from the agency, Blixseth filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees