FOIA Activity: 54 new FOIA court documents, plus case descriptions

We have added 51 documents from 7 FOIA cases filed between April 18, 2021 and April 24, 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. Thomas v. United States District Court (filed Apr 19, 2021)
   William Thomas submitted a FOIA request to the United States District Court for records concerning any cases involving A. Esposito that did not include Thomas as a plaintiff. The agency acknowledged receipt of the request and told Thomas clarify the request. Thomas provided more clarifying information but after hearing nothing further, Thomas filed suit. If the case is actually against the District Court it is not a FOIA case because the district court is not subject to FOIA. However, Thomas may have actually requested information from the Executive Office for U.S. Attorneys, which is subject to FOIA.
   Issues: Failure to respond within statutory time limit
2. Asian Americans Advancing Justice – Asian Law Caucus v. U.S. Department of Homeland Security, Immigration and Customs Enforcement et al (filed Apr 20, 2021)
   Asian Americans Advancing Justice submitted FOIA requests to the Department of Homeland Security and the Department of State for records concerning the 2020 Vietnam MOU. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Asian Americans Advancing Justice filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Apr 20, 2021)
   American Oversight submitted FOIA requests to the Department of Justice for records concerning former President Trump’s challenges to the 2020 election results and a variety of other topics concerning the Trump administration. American Oversight also requested expedited processing. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of their requests, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. BLAKE et al v. NATIONAL SECURITY AGENCY (filed Apr 20, 2021)
   Richard Blake, Samuel Blake, and Mary Blake submitted a FOIA request to the National Security Agency for records concerning the 1985 disappearance and death of Nicholas Blake, a free-lance journalist who worked in rural Guatemala. The agency acknowledged receipt of the request and issued a Glomar response under Exemption 1(national security). The Blakes filed an administrative appeal but after hearing nothing further from the agency, the Blakes filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – In camera review, Litigation – Attorney’s fees
5. BISTRIAN v. FEDERAL BUREAU OF INVESTIGATION (filed Apr 20, 2021)
   Peter Bistrian submitted a FOIA request to the FBI for records concerning a civil suit he was litigating against the government. The agency acknowledged receipt of the request and told Bistrian that it had located 11,300 potentially responsive pages and asked Bistrian to confirm that he would pay fees. Bistrian confirmed that he would pay fees, but six years later after hearing nothing further from the agency, Bistrian filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
6. Al Otro Lado, Inc. v. Immigration and Customs Enforcement et al (filed Apr 22, 2021)
   Al Otro Lado, a non-partisan organization in Los Angeles serving indigent deportees, migrants, refugees and their families, submitted FOIA requests to U.S. Immigration and Customs Enforcement and other components of the Department of Homeland Security for records concerning the investigations of the death of Anthony Jones. The components acknowledged receipt of the requests but after hearing nothing further from any of the components, Al Otro Lado filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. ZIMMER US, INC. v. CENTERS FOR MEDICARE & MEDICAID SERVICES (filed Apr 22, 2021)
   Zimmer US, Inc., which markets a product for relief of pain from osteoarthritis of the knee, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning its application requesting the agency assign a distinct code. CMS approved the application in July 2020 but then rescinded its decision. The agency acknowledged of the request but after hearing nothing further from the agency, Zimmer US filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• COLE v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Apr 14, 2021)