GRAND MARINA INVESTORS, LLC v. U.S. INTERNAL REVENUE SERVICE et al and 13 other new FOIA lawsuits

We have added 158 documents from 14 FOIA cases filed between June 4, 2023 and June 10, 2023. 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. GRAND MARINA INVESTORS, LLC v. U.S. INTERNAL REVENUE SERVICE et al (filed Jun 9, 2023)
   Grand Marina Investors submitted FOIA requests to the IRS for records concerning the examination division administrative file for the agency’s examination of Grand Marina Investors’ taxes. The agency acknowledged receipt of the request. The agency disclosed more than1,000 pages of records in response to the request but withheld portions of a variety of exemptions. Grand Marina Investors filed administrative appeals of the requests but after hearing nothing further from the agency, Grand Marina Investors filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Basey v. Reardon et al (filed Jun 8, 2023)
   Kaleb Basey, a federal prisoner convicted of possessing online pornography, submitted two FOIA requests to the Executive Office for U.S. Attorneys for records concerning his conviction. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Basey filed suit.
   Issues: Failure to respond within statutory time limit, Fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 5, 2023)
   Judicial Watch submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning shots fired in the U.S. Capitol on Jan. 6, 2021. The agency acknowledged receipt of the request. 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
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Jun 7, 2023)
   Judicial Watch submitted a FOIA request to the Department of the Air Force for records concerning communications between the Air Force and Newsguard Technologies concerning a specified contract number. 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
5. BROWN v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Jun 6, 2023)
   Steven Brown submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the names and entities who filed for the FY 2024 H-1B pre-registration. The agency acknowledged receipt of his request. After hearing nothing further from the agency, Brown filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE et al (filed Jun 8, 2023)
   American Oversight submitted FOIA requests to the Department of Defense and the Department of Homeland Security for records concerning incidences of white supremacy in the military members. The agencies acknowledged receipt of the requests. Agencies responded that records would be withheld under Exemption 7(A) (interference with ongoing investigation or proceeding). American Oversight filed administrative appeals of those denials. After hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. AMERICAN OVERSIGHT v. FLORIDA ARMY NATIONAL GUARD et al (filed Jun 8, 2023)
   American Oversight submitted FOIA requests to various state Army National Guard units for records concerning incidents involving white supremacy in the national guard. The state units acknowledged receipt of the requests. American Oversight filed administrative appeals seeking to force the state units to respond. After hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. VANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION (filed Jun 8, 2023)
   Vanda Pharmaceuticals submitted FOIA requests to the FDA for records concerning seeking internal communications concerning the Warning Letter and Vanda’s response. The agency acknowledged receipt of the requests. The agency then cited exceptional circumstances and asked for a stay. Vanda Pharmaceuticals filed suit, arguing that the agency had not shown that exceptional circumstances warranted a stay existed.
   Issues: Delay – Stay of proceedings, Adequacy – Search, Litigation – Attorney’s fees
9. VANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION (filed Jun 8, 2023)
   Vanda Pharmaceuticals submitted FOIA requests to the FDA for records concerning internal communications concerning the Temple Presentation and its removal from FDA’s website. The agency acknowledged receipt of the request. The agency then cited exceptional circumstances. Vanda Pharmaceuticals filed suit, arguing that the agency had not shown that exceptional circumstances warranted a stay existed.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. WHITE v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Jun 9, 2023)
    Kenneth White, an immigration attorney, submitted FOIA requests to U.S. Citizenship and Immigration Services, including one for records concerning training materials used by Humanitarian Affairs Branch of Refugee, Asylum and International Operations Directorate of USCIS. The agency acknowledged receipt of the requests. However, after hearing nothing further from the agency, White filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. EWU MEDIA, LLC v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 9, 2023)
    EWU Media submitted a FOIA request to the FBI for records concerning audio and video records of the Columbine Shooting in 1999. EWU Media also requested a fee waiver. The agency acknowledged receipt of the request and told EWU Media that there would be costs associated with processing its request. The FBI denied EWU Media’s request for a fee waiver. EWU Media filed an administrative appeal with the Office of Information Policy. OIP upheld the FBI’s decision to not grant EWU Media a fee waiver. EWU Media and the FBI then continued to discuss the scope of the request. After hearing nothing further from the agency, EWU Media filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
12. Louise Trauma Center LLC v. United States Citizenship and Immigration Services (filed Jun 9, 2023)
    Louise Trauma Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning distance training given to newly-hired asylum officers from January 2020 to the present. Louise Trauma Center also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Louise Trauma Center filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Ivanovskis v. Federal Bureau of Investigation (filed Jun 8, 2023)
    Jeremy Daniel Ivanovskis submitted a FOIA request to the FBI for records concerning himself. The agency acknowledged receipt of the request. The agency told Ivanovskis that it found no responsive records. He filed an administrative appeal but after hearing nothing further from the agency, Ivanovskis filed suit.
    Issues: Failure to respond within statutory time limit
14. Tahirih Justice Center v. United States Department of Justice et al (filed Jun 9, 2023)
    Tahirih Justice Center submitted two FOIA requests to the Executive Office of Immigration Review for records concerning its hiring of recent administrative judges. The agency acknowledged receipt of the requests. The agency disclosed records in response to both requests, but the records were heavily redacted under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Tahirih Justice Center filed administrative appeals of both requests but after being dissatisfied with DOJ’s responses, Tahirih Justice Center filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees