GUN OWNERS OF AMERICA, INC et al v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, plus case descriptions

We have added 113 documents from 17 FOIA cases filed between November 7, 2021 and November 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. GUN OWNERS OF AMERICA, INC et al v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Nov 9, 2021)
   Gun Owners of America and the Gun Owners Foundation submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning the number of records housed in the Out-of-Business Records Center in Martinsburg, West Virginia. GOA and GOF also requested a fee waiver. The agency acknowledged receipt of the request and granted the request for a fee waiver. After hearing nothing further from the agency, GOA and GOF filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. Friends of Animals v. United States Bureau of Land Management (filed Nov 11, 2021)
   Friends of Animals submitted four FOIA requests to the Bureau of Land Management for records concerning the agency’s budget and several grazing permits. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Friends of Animals filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. CARTER v. U.S DEPARTMENT OF JUSTICE et al (filed Nov 9, 2021)
   Darryl Carter submitted a FOIA request to the Department of Justice for records concerning Patti McLauchlin’s role in surveilling Carter on behalf of the FBI. Carter also requested expedited processing. The agency acknowledged receipt of the request and denied Carter’s request for expedited processing. Carter filed an administrative appeal, which was denied. After the agency failed to respond, Carter filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR RENEWING AMERICA v. U.S. DEPARTMENT OF EDUCATION (filed Nov 11, 2021)
   The Center for Renewing America submitted a FOIA request to the Department of Education for records concerning the Abolitionist Teaching Network, an organization allegedly involved in promoting the teaching of critical race theory. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CRA filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. COBURN v. U.S. DEPARTMENT OF JUSTICE et al (filed Nov 12, 2021)
   Gordon Coburn, the former president of Cognizant Technology Solutions who was facing charges of violating the Foreign Corrupt Practices Act, submitted FOIA requests to the Department of Justice and the Securities and Exchange Commission for records concerning communications between DOJ and SEC pertaining to the Cognizant charges. The agencies acknowledged receipt of the requests and denied the requests under Exemption 7(A) (interference with ongoing investigation or proceeding). Coburn filed administrative of the denials. Both agencies denied his appeal. Coburn then filed suit.
   Issues: Litigation – Vaughn index, Litigation – Attorney’s fees
6. STATION CASINOS, LLC v. NATIONAL LABOR RELATIONS BOARD (filed Nov 12, 2021)
   Station Casinos, LLC submitted seven FOIA requests to the National Labor Relations Board for records concerning a variety of topics. The agency acknowledged receipt of the requests and responded to some of them in part. However, after hearing nothing further from the agency, Station Casinos filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. Ghinis v. United States Citizenship and Immigration Services (USCIS) (filed Nov 9, 2021)
   Gilbert Ghinis submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning his Alien File. The agency acknowledged receipt of the request but told Ghinis that it found no records. Ghinis filed an administrative appeal and the agency agreed to conduct another search. This time the agency located an Alien File for Ghinis and disclosed the records. However, the records were from another Alien File assigned to Ghinis, not the one he was looking for. Ghinis then filed suit.
   Issues: Litigation – Vaughn index, Litigation – Attorney’s fees
8. Black Alliance for Just Immigration et al v. U.S. Immigration and Customs Enforcement et al (filed Nov 10, 2021)
   Black Alliance for Just Immigration and the American Immigration Council submitted eight FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the agency’s use of force, solitary confinement, access to medical treatment and other conditions that impact Black immigrants in ICE detention. The requesters also sought a fee waiver for each request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, BAJI and AIC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
9. First Look Institute, Inc. et al v. Defense Threat Reduction Agency (filed Nov 11, 2021)
   First Look Institute and Sharon Lerner submitted a FOIA request to the Defense Threat Reduction Agency for records concerning six grant proposals and all progress reports related to a DTRA grant. The agency acknowledged receipt of the request but after hearing nothing further from the agency, First Look Institute and Lerner filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Western Resources Legal Center v. National Oceanic and Atmospheric Administration, et al. (filed Nov 11, 2021)
    The Western Resources Legal Center submitted FOIA requests to the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service for records concerning the agencies’ policies on granting fee waivers. Although FOIAOnline did not appear to be working for a few days, the agency finally acknowledged receipt of the request. The agencies also granted WRLC’s request for a fee waiver. After hearing nothing further from the agencies, WRLC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. Informed Consent Action Network v. Food and Drug Administration (filed Nov 12, 2021)
    The Informed Consent Action Network submitted a FOIA request to the FDA for records concerning unredacted copies of three tables that appeared in the document entitled CMC Review Memorandum dated August 21, 2021. ICAN also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
12. McKinney v. Central Intellegence Agency (filed Nov 8, 2021)
    Jonathan McKinney submitted a FOIA request to the CIA for records concerning himself because he had grown up living on the same street at the Corona Brothers. The agency acknowledged receipt of the request but after hearing nothing further from the agency, McKinney filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
13. U.S. RIGHT TO KNOW v. NATIONAL INSTITUTES OF HEALTH (filed Nov 8, 2021)
    U.S. Right to Know submitted nine FOIA requests to NIH for records concerning a variety of topics. The agency acknowledged receipt of the requests 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
14. WEINBERGER et al v. U.S. POSTAL SERVICE et al (filed Nov 9, 2021)
    Sharon Weinberger, the D.C. Bureau Chief for Yahoo News, and the James Madison Project, submitted FOIA requests to the U.S. Postal Service, Department of Homeland Security, Department of Justice, and the Office of the Director of National Intelligence for records concerning iCop, a program for surveilling social media overseen by the U.S. Postal Inspection Service. Weinberger and the James Madison Project also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Weinberger and the James Madison Project filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Hawkinson v. EOIR (filed Nov 9, 2021)
    John Hawkinson, a freelance reporter, submitted a FOIA request to the Executive Office for Immigration Review for records concerning Microsoft Word versions of all Board of Immigration Appeals decisions within BIA’s data library that originate from Boston or Hartford and contain the text “alternatives to detention” or “alternatives-to-detention.” The agency acknowledged receipt of the request but closed it because it was duplicative of a previous request. Hawkinson then filed an administrative appeal to the Office of Information Policy at DOJ. After hearing nothing further from the agency, Hawkinson filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
16. Marks, Golia & Pinto, LLP v. The U.S. Department of the Navy (filed Nov 10, 2021)
    The law firm of Marks, Golia & Pinto submitted FOIA requests to the Department of the Navy for records concerning termination for convenience proposals submitted by KOO Construction. The agency acknowledged receipt of the requests but denied them if full or in part under Exemption 3 (other statutes) and Exemption 4 (confidential business information). The law firm filed an administrative appeal. The agency denied its appeals and the law firm filed suit.
    Issues: Litigation – Attorney’s fees
17. ECC INTERNATIONAL LLC v. UNITED STATES ARMY CORPS OF ENGINEERS (filed Nov 12, 2021)
    ECC International submitted six FOIA requests to U.S. Army Corps of Engineers for records concerning the Consolidated Intelligence Center Project at USAG Klay Kasme, Weisbaden, Germany. The agency acknowledged receipt of the requests. The agency discussed the processing and likely costs of the requests but after hearing nothing further from the agency, ECC International filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, 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.

• BEN-SHUSHAN et al v. U.S. Citizenship and Immigration Services et al (filed Nov 6, 2021)