COUNCIL FOR COURT EXCELLENCE v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS and 8 other new FOIA lawsuits

We have added 54 documents from 8 FOIA cases filed between November 21, 2021 and November 27, 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. COUNCIL FOR COURT EXCELLENCE v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Nov 21, 2021)
   The Council for Court Excellence submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning monthly breakdowns of criminal case dispositions in the District of Columbia Superior Court from 2017 through 2020. The agency acknowledged receipt of the request and ultimately told that it had no responsive records. CCE filed an administrative appeal. After hearing nothing further from the agency, CCE filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. AMERICAN CENTER FOR LAW AND JUSTICE v. UNITED STATES DEPARTMENT OF STATE et al (filed Nov 22, 2021)
   The American Center for Law and Justice submitted FOIA requests to the Department of State, the Office of the Director of National Intelligence, the Defense Intelligence Agency, and U.S. Central Command for records concerning the fall of Afghanistan to the Taliban. ACLJ also requested expedited processing. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, ACLJ filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. Sayed v. Maritime Administration (filed Nov 22, 2021)
   Waleed Sayed submitted a FOIA request to the Maritime Administration for records concerning the certification status of the Floating Dry Dock “Alabama.” The agency acknowledged receipt of the request. The agency disclosed two pages. Sayed filed an administrative appeal. After hearing nothing further from the agency, Sayed filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Calcutt, III v. Federal Deposit Insurance Corporation (filed Nov 22, 2021)
   Harry Calcutt submitted a FOIA request to the Federal Deposit Insurance Corporation for records concerning communications between Mary Anne Benden, Senior Regional Attorney, FDIC-Chicago with the Board of the FDIC pertaining to FDIC case 12-568e and FDIC case 13-115k. The agency acknowledged receipt of the request. The agency told Calcutt that it would assess $182.60 in fees. Calcutt paid the fees but after hearing nothing further from the agency, Calcutt filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. Trujillo Diaz v. U.S. Immigration and Customs Enforcement (filed Nov 23, 2021)
   Maribel Trujillo Diaz submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning her parole into the United States. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Trujillo-Diaz submitted suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. Painted Hills Preservation Association v. Federal Emergency Management Agency (filed Nov 23, 2021)
   The Painted Hills Preservation Association submitted a FOIA request to the Federal Emergency Management Association for records concerning the proposed Painted Hills planned residential development located in Spokane Valley, Washington. The agency acknowledged receipt and initially assigned PHPA to the commercial requester category. The agency later granted PHPA’s request for a fee waiver. After hearing nothing further from the agency, PHPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. YAGHI v. FEDERAL BUREAU OF INVESTIGATION (filed Nov 24, 2021)
   Ziyad Yaghi submitted a FOIA request to the FBI for records concerning himself. The agency acknowledged receipt of the request and told Yaghi that all records were protected under Exemption 7 (law enforcement records). Yaghi filed an administrative appeal. The agency then told Yaghi it had located 8.938 pages of potentially responsive records. The agency subsequently told Yaghi there were 25,184 potentially responsive pages and that the agency would start to process his request. After hearing nothing further from the agency, Yaghi filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CENTER FOR INQUIRY v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Nov 26, 2021)
   The Center for Inquiry submitted a FOIA request to the FDA for records concerning a complete current Homoeopathic Pharmacopoeia of the United States and all communications between HHS and HPCUS since 2015. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CFI filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, 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.

• SHEHADEH v. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Nov 19, 2021)