FOIA Activity: 55 new FOIA court documents, plus case descriptions

We have added 52 documents from 10 FOIA cases filed between March 28, 2021 and April 3, 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. FREE SPEECH FOR PEOPLE v. UNITED STATES ELECTION ASSISTANCE COMMISSION (filed Mar 29, 2021)
   Free Speech for People submitted four FOIA requests to U.S. Election Assistance Commission for records concerning non-public meetings and communications between the agency and private voting machine vendors. FSP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, FSP filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
2. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Mar 30, 2021)
   Judicial Watch submitted a FOIA request to the Naval Criminal Investigative Service for records concerning the investigation of the University of Management and Technology and Yankee Clipper Group from January 2017 to the present. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
3. COWAN v. FEDERAL COMMUNICATION COMMISSION (filed Apr 1, 2021)
   Susan Wilson Cowan, a freelance journalist, submitted a FOIA request to the Federal Communications Commission for records concerning the consent decree filed by Sinclair Broadcasting. Cowan also request expedited processing. The agency acknowledged receipt of the request and granted Cowan’s request for expedited processing. However, after hearing nothing further from the agency, Cowan filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Immigration Clinic of the University of Miami School of Law v. U.S. Department of Homeland Security et al (filed Mar 31, 2021)
   The Immigration Clinic at the University of Miami School of Law submitted FOIA requests to the Department of Homeland Security for records concerning an investigation into several detention centers. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Immigration Clinic filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
5. Schmitz v. U.S. Department of Defense Office of Inspector General et al (filed Apr 2, 2021)
   Joseph Schmitz submitted FOIA requests to the Office of the Inspector General at the Department of Defense for records concerning the Case Investigative File posted April 13, 2020. Schmitz also requested expedited processing. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Schmitz filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Oliver B. Mitchell III v. Octapharma AG et al (filed Mar 29, 2021)
   Oliver Mitchell submitted a FOIA request to Octapharma for records concerning his plasma donation to the company. He argued that the company was subject to FOIA because it was regulated by the FDA. Octapharma told Mitchell it was not subject to FOIA and Mitchell then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. Oliver B. Mitchell III v. Grifols Plasma et al (filed Mar 29, 2021)
   Oliver Mitchell submitted a request for records concerning his plasma donation to Grifols Plasma, on the theory that because the company was regulated by the FDA it was subject to FOIA. After the company failed to respond, Mitchell filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. YIM v. NATIONAL INSTITUTES OF HEALTH (filed Mar 29, 2021)
   Jin-Pyong Peter Yim, a freelance journalist, submitted a FOIA request to the National Institute of Health for records concerning all updates to the Coronavirus Disease 2019 Treatment Guidelines that were endorsed by a vote of the Panel. Yim also requested expedited processing. The agency acknowledged receipt of the request and denied Yim’s request for expedited processing. After hearing nothing further from the agency, Yim filed suit.
   Issues: Failure to respond within statutory time limit
9. CAMPO et al v. UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Mar 31, 2021)
   Mary Anne and John Campo submitted three FOIA requests to the National Archives and Records Administration for records concerning Andrew Campo’s work in support of BP Deep Water Horizon oil spill clean-up. The agency acknowledged receipt of two requests and told the Campos that U.S. Coast Guard records were still in the custody of that agency. After hearing nothing further from the agency, the Campos filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. HASSAN v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 31, 2021)
    Lila Hassan, a freelance journalist, submitted two FOIA requests to the Department of Homeland Security for records concerning dates and locations for arrests for firearm usage. The agency denied the request under Exemption 6 (invasion of privacy). Hassan filed an administrative appeal and the agency agreed to process the request. Her second FOIA request also asked for records concerning firearm usage incidents. She also requested expedited processing and a fee waiver. The agency acknowledged of the request but after hearing nothing further pertaining to either request, Hassan filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees

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

1. SMITH v. UNITED STATES MARSHALL SERVICE (filed Mar 26, 2021)
2. BEGAY v. NATIONAL ARCHIVES AND RECORD ADMINISTRATION (filed Mar 22, 2021)
3. DAVIS v. UNITED STATES MARSHALS SERVICE et al (filed Mar 22, 2021)