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FOIA Activity: 190 new FOIA court documents, plus case descriptions

by Harry Hammitt on March 25th, 2021

We have added 190 documents from 25 FOIA cases filed between March 7, 2021 and March 13, 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. DEL CID v. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (filed Mar 8, 2021)
    Brayan Ernesto Del Cid submitted a FOIA request to the Executive Office for Immigration Review for records concerning his immigration proceedings. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Del Cid filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  2. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE et al (filed Mar 9, 2021)
    American Oversight submitted FOIA requests to the Department of Defense, the Department of Justice, and the Secret Service for records concerning communications received by various officials pertaining to the attack on the U.S. Capitol Building on Jan. 6. American Oversight also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from any of the agencies, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  3. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF STATE et al (filed Mar 9, 2021)
    Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of State for records concerning the Unclassified Expenditure Report for Emergencies in the Diplomatic and Service Appropriation, known as the K Fund. CREW also requested a fee waiver. The agency acknowledged receipt of the requests and told CREW the request qualified for unusual circumstances. After hearing nothing further from the agencies, CREW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  4. AQUALLIANCE v. UNITED STATES BUREAU OF RECLAMATION (filed Mar 9, 2021)
    AquAlliance submitted a FOIA request to the Bureau of Land Reclamation for records concerning a summary of water transfers taking place in 2020 under the Bureau and SLDMWA’s Long-Term Water Transfer program. The agency acknowledged receipt of the request and told AquAlliance that it found no records. AquAlliance filed an administrative appeal, but after hearing nothing further from the agency, AquAlliance filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. CENTER FOR MEDICAL PROGRESS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 10, 2021)
    The Center for Medical Progress submitted a FOIA request to the National Institute of Health for records concerning two grant applications on brain and tissue repository. The agency acknowledged receipt of the request and disclosed 214 pages. CMP inquired whether more information could be disclosed and the agency indicated that was its final response. CMP then filed suit.
    Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  6. CENTER FOR MEDICAL PROGRESS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 10, 2021)
    The Center for Medical Progress submitted a FOIA request to the National Institute of Health for records concerning three grant applications. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CMP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  7. JUDICIAL WATCH, INC. v. U.S. OFFICE OF PERSONNEL MANAGEMENT (filed Mar 10, 2021)
    Judicial Watch submitted a FOIA request to the Office of Personnel Management for records concerning conference of seminars sponsored by the Federal Executive Institute in China from September 2009 to September 2012. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  8. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF STATE (filed Mar 11, 2021)
    Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of State for records concerning Donald Trump Jr.’s 2019 trip to Mongolia to hunt an endangered species of sheep. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  9. OCEANA, INC. v. RAIMONDO et al (filed Mar 11, 2021)
    Oceana, Inc submitted FOIA requests to the Department of Commerce and OMB for records concerning OMB’s review of final rule RIN 0648-BG45. Both agencies acknowledged receipt of the request. Commerce provided 1,400 responsive records in interim responses. OMB located 10,000 responsive pages, which Oceana narrowed to 2,000. After hearing nothing further from either agency, Oceana filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
  10. WITTES v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Mar 11, 2021)
    Benjamin Wittes, editor-in-chief of Lawfare, submitted a FOIA request to the Department of Homeland Security for records concerning open-source reporting files collected by the agency on Wittes or any other journalist. Wittes also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Wittes filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
  11. PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. et al v. UNITED STATES DEPARTMENT OF JUSTICE (filed Mar 11, 2021)
    The Project for Privacy and Surveillance Accountability and the Demand Progress Education Fund submitted FOIA requests to the Department of Justice for records concerning surveillance policies. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PPSA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  12. Smith v. Department of Defense (filed Mar 8, 2021)
    Gary Smith submitted four FOIA requests to the Department of Defense concerning the prosecution of four military members. After hearing nothing further from the agency, Smith filed suit.
    Issues: Failure to respond within statutory time limit
  13. Bonner v. Federal Bureau Of Investigation et al (filed Mar 12, 2021)
    Journalist Raymond Bonner submitted FOIA requests to the FBI and the CIA for records concerning Abu Zubaydah. Bonner requested expedited processing in his requests to both agencies. The agencies acknowledged receipt of the requests but denied the request for expedited processing. Bonner filed administrative appeals of the denials from agencies. Bonner then filed suit against both agencies.
    Issues: Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
  14. McFall v. Stewart (filed Mar 11, 2021)
    Kathleen McFall, a former employee of the Department of Labor, submitted a FOIA request to the agency for records concerning back wage follow-up status between October 2016 and October 2019. The agency acknowledged receipt of the request but told McFall that because of its backlog it could not process McFall’s request within the statutory time limit. McFall then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  15. Simatic v. Commissioner of Social Security (filed Mar 12, 2021)
    Jennifer Simatic submitted a FOIA request to the Social Security Administration for records concerning her supplemental security income claim. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Simatic filed suit.
    Issues: Failure to respond within statutory time limit
  16. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. DEPARTMENT OF TRANSPORTATION et al (filed Mar 8, 2021)
    Citizens for Responsibility and Ethics in Washington submitted FOIA requests to The Department of Transportation, the Office of the Inspector General at the Department of Transportation, and the Pipeline and Hazardous Materials Safety Administration for records concerning favoritism shown to the State of Kentucky. CREW also requested a fee waiver. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, CREW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  17. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 8, 2021)
    Judicial Watch submitted a FOIA request to the Center for Medicare and Medicaid Services for records concerning communications between the Division of Nursing Homes and Pennsylvania Secretary of Health Rachel Levine concerning nursing home procedures as a result of the pandemic. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  18. RICHARDSON BAY ENVIRONMENTAL PROTECTION ASSOCIATION v. FEDERAL AVIATION ADMINISTRATION (filed Mar 8, 2021)
    The Richardson Bay Environmental Protection Association submitted a FOIA request to the Federal Aviation Administration for records concerning two 2018 letters sent to the agency by the Edgcomb Law Group referencing FAA registration violations by aircraft flown by Seaplane Adventures. The agency acknowledged receipt of the request. The agency denied the request. RBEPA filed an administrative appeal. After hearing nothing further from the agency, RBEPA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  19. APM REPORTS v. U.S. DEPARTMENT OF DEFENSE et al (filed Mar 8, 2021)
    APM Reports submitted FOIA requests to the Department of Defense, U.S. Central Command, the Department of the Navy, and the Marine Corps for records concerning the investigation of killing in Haditha, Iraq. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, APM Reports filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  20. CONNELL v. UNITED STATES CENTRAL INTELLIGENCE AGENCY (filed Mar 8, 2021)
    James Connell, an attorney for a Guantanamo Bay detainee, submitted a FOIA request to the CIA for records concerning the operational control exercised by the agency over detainees. The agency acknowledged receipt of the request. The agency invoked a Glomar response neither confirming nor denying the existence of records. Connell filed an administrative appeal, but after hearing nothing further from the agency, Connell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  21. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 9, 2021)
    Judicial Watch submitted a FOIA request to the Centers for Disease Control for records concerning communications with social media companies concerning COVID-related content. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  22. Ramirez v. McDonough et al (filed Mar 9, 2021)
    Rene Ramirez 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, Ramirez filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  23. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE et al (filed Mar 10, 2021)
    American Oversight submitted FOIA requests to the Department of Defense and the Department of the Army for records concerning communications between agency officials and then Vice President Mike Pence or then White House Chief of Staff Mark Meadows. American Oversight requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Attorney’s fees
  24. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE et al (filed Mar 10, 2021)
    American Oversight submitted FOIA requests to the Department of Defense, the U.S. National Guard Bureau, the Department of the Army, and the Department of Justice for records concerning call logs for anyone communicating on their behalf of Jan 6, 2021. American Oversight also requested expedited processing and a fee waiver. The agencies acknowledged of the requests but after hearing nothing further from any of the agencies, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  25. PETTI v. U.S. DEPARTMENT OF DEFENSE (filed Mar 10, 2021)
    Matthew Petti, a researcher, submitted two FOIA requests to the Department of Defense for records concerning contracts for work or services in Syria. The agency acknowledged receipt of the requests and put both requests in the complex track for processing. After hearing nothing further from the agency pertaining to either request, Petti filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees

From → FOIA, PACER

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