U.S. Right to Know v. U.S. Department of Health and Human Services and 17 other new FOIA lawsuits

We have added 85 documents from 17 FOIA cases filed between October 10, 2021 and October 16, 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. U.S. Right to Know v. U.S. Department of Health and Human Services (filed Oct 14, 2021)
   U.S. Right to Know submitted a FOIA request to the Department of Health and Human Services for records containing identified search terms that were exchanged between a specific HHS employee and other entities. U.S. Right to Know also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, U.S. Right to Know filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Crystal Nasha Rodgers v. Louis DeJoy et al (filed Oct 15, 2021)
   Crystal Nasha Rodgers submitted FOIA requests to the U.S. Postal Service for records concerning her EEOC complaint. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Rodgers filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search
3. Free Sacred Trinity Church et al v. Internal Revenue Service (filed Oct 11, 2021)
   The Free Sacred Trinity Church submitted FOIA requests to the IRS for records concerning the agency’s inquiries into FSTC’s non-exempt religious status. The agency acknowledged receipt of the requests but after the agency failed to respond, FSTC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Oct 12, 2021)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the Criminal Division of the Department of Justice for records concerning the album Once Upon a Time by the Wu Tang Clan. The agency acknowledged receipt of the request and told Leopold that the Executive Office for U.S. Attorneys had responsive records. Leopold then sent a FOIA request to EOUSA. The agency acknowledged receipt of the request. He also filed an administrative appeal of the Criminal Division’s claim that it had no records. The Criminal Division denied the appeal. After hearing nothing further from either agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. PROJECT ON GOVERNMENT OVERSIGHT, INC. (filed Oct 13, 2021)
   The Project on Government Oversight submitted three FOIA requests to the Department of Treasury for records concerning interactions between former Treasury Secretary Steven Mnuchin and five individuals who worked at four named companies from February 2017 to January 2021. POGO also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Oct 14, 2021)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice concerning a meeting at DOJ that involved Michael Balsamo, William Levi, and Kerri Kupec. CREW also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. AMERICAN OVERSIGHT v. U.S. SECRET SERVICE et al (filed Oct 15, 2021)
   American Oversight submitted three FOIA requests to U.S. Secret Service for records concerning preparations for the Jan. 6, 2021, Trump rally in front of the White House that resulted in the attack on the Capitol. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. DENNEKAMP v. DEPARTMENT OF DEFENSE (filed Oct 15, 2021)
   Gert-Jan Dennekamp, a Dutch citizen, submitted a FOIA request to the Department of Defense for records concerning the agency’s investigation of the shooting down of the Malaysia Airlines’ Flight MH17 over Ukraine in July 2014. The agency acknowledged receipt of the request but after nothing further from the agency, Dennekamp filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. AMERICAN OVERSIGHT v. FEDERAL BUREAU OF INVESTIGATION et al (filed Oct 15, 2021)
   American Oversight submitted two FOIA requests to the FBI for records concerning communications received by the FBI about the plans for the Jan. 6, 2021, Trump rally that resulted in an attack on the Capitol. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. Torres v. U.S. Department of Justice (filed Oct 12, 2021)
    Wilfredo Torres submitted a FOIA request to the Department of Justice concerning an FBI raid on his apartment. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Torres filed suit.
    Issues: Failure to respond within statutory time limit
11. Project South et al v. United States Immigration and Customs Enforcement et al (filed Oct 13, 2021)
    Project South and the Center for Constitutional Rights submitted FOIA requests to U.S. Immigration and Customs Enforcement, the Department of Homeland Security, the Department of Justice, and the Department of State for records concerning Cameroonian migrants. Project South also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests and the Executive Office for Immigration Review provided some spreadsheets. However, after hearing nothing further from the agencies, Project South and the Center for Constitutional Rights filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
12. CGFNS INTERNATIONAL, INC. v. U.S. CITIZENSHIP AND IMMIGATION SERVICES (filed Oct 15, 2021)
    CGFNS International submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning an application for a Form I-905. The agency acknowledged receipt of the request but denied it because it pertained to a specific person, citing Exemption 6 (invasion of privacy). CGFNS International filed an administrative appeal but after hearing nothing further from the agency, CGFNS International filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Dolcefino Communications LLC d/b/a Dolcefino Consulting v. United States Department Of Housing And Urban Development (filed Oct 11, 2021)
    Dolcefino Communications submitted FOIA requests to the Department of Housing and Urban Development for records concerning communications between two named employees in the Houston field office with the Houston Housing Authority. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Dolcefino Communications filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Informed Consent Action Network v. National Institutes of Health (filed Oct 13, 2021)
    Informed Consent Action Network submitted two FOIA requests to the National Institute of Health for records concerning EcoHealth or that contained the term Daszak. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. INSIDER INC. v. U.S. GENERAL SERVICES ADMINISTRATION (filed Oct 11, 2021)
    Insider, Inc. submitted two FOIA requests to the General Services Administration for records. The first request asked for records concerning expenditures made from outgoing President Donald Trump’s Presidential Transition account. The second request asked for emails between GSA and representatives of former President Trump regarding expenditures from the presidential transition account at GSA. The agency acknowledged receipt of the requests. The agency responded to both requests by disclosing four PDF files. The agency withheld the names of five employees of the First Lady, citing exemption 6 (invasion of privacy). Insider, Inc. filed an administrative appeal of the denial. GSA upheld the denial. Insider, Inc. also requested similar records about Vice President Pence’s transition expenses. The names of employees were also withheld in response to Pence transition expense requests. Insider, Inc. also filed an administrative appeal which was denied by GSA. Insider, Inc. then filed suit.
    Issues: Litigation – Attorney’s fees
16. Zaid v. Department of Justice (filed Oct 13, 2021)
    Mark Zaid submitted a FOIA request to the FBI for records concerning fourteen categories of records. The agency acknowledged receipt of the request. The agency then denied all fourteen categories under Exemption 7(A) (interference with ongoing investigation. Zaid filed an administrative appeal but after hearing nothing further from the agency, Zaid filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. U.S. Right to Know-v-U.S. Agency for International Aid (filed Oct 14, 2021)
    U.S. Right to Know submitted a FOIA request to U.S. Agency for International Development for records concerning USAID grants to EcoHealth Alliance involving research in China on bat-associated pathogens. U.S. Right to Know also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, U.S. Right to Know filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees

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

• LAWLESS v. SECURITIES AND EXCHANGE COMMISSION (filed Oct 4, 2021)