Public Health and Medical Professionals for Transparency v. Food and Drug Administration, plus case descriptions

We have added 72 documents from 11 FOIA cases filed between September 12, 2021 and September 18, 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. Public Health and Medical Professionals for Transparency v. Food and Drug Administration (filed Sep 16, 2021)
   Public Health and Medical Professionals for Transparency submitted a FOIA request to the FDA for records concerning data on the Pfizer vaccine. PHMDT also requested expedited processing. The agency acknowledged receipt of the request and denied PHMDT’s request for expedited processing. After hearing nothing further from the agency, PHMDT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Expedited processing
2. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Sep 13, 2021)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning contracts for BLM helicopter roundup services for fiscal year 2020. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. DOWNS LAW GROUP, P.A. v. UNITED STATES COAST GUARD (filed Sep 13, 2021)
   The Downs Law Group submitted several FOIA requests to U.S. Coast Guard for records concerning the agency’s role in the Deep Horizon accident. The agency acknowledged receipt of the requests. The law firm also learned that historical records about the Deep Horizon accident had been transferred to the National Archives and Records Administration. Downs Law Group also requested records from NARA. The Downs Law Group filed an administrative appeal after NARA failed to respond. After hearing nothing further from the Coast Guard, the Downs Law Group filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. Mayfield v. U.S. Department of Housing and Urban Development et al (filed Sep 13, 2021)
   Kimberly Mayfield, an attorney, submitted three FOIA requests to the Department of Housing and Urban Development for records concerning training and other issues relevant to litigation in which Mayfield was involved. The agency acknowledged receipt of the requests. The agency provided some records in response to one request and told Mayfield that it had sent predisclosure notice to a company in the housing industry. Mayfield also submitted a FOIA request to OPM for records showing registrations and payments made by HUD. OPM acknowledged receipt of that request. After hearing nothing further from either agency, Mayfield filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Sep 14, 2021)
   Judicial Watch submitted a FOIA request to the FDA, the Centers for Disease Control, and the National Institute of Health for records concerning biodistribution studies for the Pfizer, Moderna, and Johnson & Johnson vaccines. The FDA and CDC acknowledged receipt of the requests. NIH told Judicial Watch that it did not possess the records, which were maintained by the Biomedical Advanced Research and Development Authority. Judicial Watch submitted the request to BARDA. BARDA acknowledged receipt of the request. After hearing nothing further from any of the agencies, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 15, 2021)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning communications between the Civil Rights Division and other outside voting advocacy groups pertaining to the Voting Right Act suit against the State of Georgia. 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
7. Menjivar et al v. Executive Office for Immigration Review (filed Sep 15, 2021)
   Lennis Landaverde Menjivar and a number of others submitted FOIA requests to the Executive Office for Immigration Review for records concerning their immigration court files. The agency acknowledged receipt of the requests but after hearing nothing further, Menjivar and other plaintiffs filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 16, 2021)
   The Cato Institute submitted a FOIA request to the FBI for records concerning incidents of substantial non-compliance with one or more DIOG requirements. The agency acknowledged receipt of the request. The agency told the Cato Institute it had located 1,082 potentially responsive pages which would take 66 months to process. After hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Sep 16, 2021)
   The National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning administrative wage garnishments. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NSLDN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. SIDDIQUI v. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS (filed Sep 17, 2021)
    Aafia Siddiqui submitted a FOIA request to the Bureau of Prisons for records concerning an incident in which she was assaulted in her cell by another prison. As a result, she was put in administrative segregation pending completion of the investigation. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Siddiqui filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Goodman v. Department of Homeland Security (filed Sep 17, 2021)
    Ryan Goodman, the editor of Just Security, submitted a FOIA request to the Department of Homeland Security for records concerning a January 4, 2021 meeting of fusion centers where the threat of domestic terrorism surrounding the January 6, 2021 certification of the presidential vote results was discussed. Goodman also asked for expedited processing. The agency acknowledged receipt of the request and invoked a 10-day extension. Goodman then filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Public Interest Fee Waiver, 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. ROGOPOULOS v. U.S. DEPT. OF THE TREASURY (filed Sep 10, 2021)
2. Ouyang v. Mayorkas et al (filed Sep 9, 2021)
3. Dennis Stankie v. Superior Court of California, County of Los Angeles (filed Sep 9, 2021)