GUN OWNERS OF AMERICA, INC. et al v. FEDERAL BUREAU OF INVESTIGATION and 26 other new FOIA lawsuits
We have added 204 documents from 27 FOIA cases filed between June 11, 2023 and June 17, 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.
- GUN OWNERS OF AMERICA, INC. et al v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 14, 2023)
Gun Owners of America and Gun Owners Foundation submitted a FOIA request to the FBI for records concerning symbol guides for various specified topics. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gun Owners of America and Gun Owners Foundation filed suit.
Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index - U.S. Right to Know v. United States Defense Intelligence Agency (filed Jun 14, 2023)
U.S. Right to Know submitted a FOIA request to the Defense Intelligence Agency for records concerning a record entitled China: Origins of COVID-19 Outbreak Remains Unknown, dated March 27. 2020. USRTK also requested a fee waiver. The agency acknowledged receipt of the request. The agency invoked the unusual circumstances exception. After hearing nothing further from the agency, USRTK filed suit,
Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit - US Right to Know v. UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES (filed Jun 15, 2023)
U.S. Right to Know submitted a FOIA request to the Uniformed Services University of the Health Sciences, part of the Department of Defense, for records pertaining to two named USU employees. The first part asked for emails sent from two specific email domains. The second part asked for correspondence between the two identified USU employees and 18 specific email addresses. USRTK also requested a fee waiver. After hearing nothing further from the agency, USRTK filed suit.
Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit - U.S. Right to Know v. National Institutes of Health (filed Jun 15, 2023)
U.S. Right to Know submitted two FOIA requests to the National Institute of Health. Its first request asked for records relating to SARS-Cov-2 virus and COVID-19 pandemic in the United States. USTRK also requested a fee waiver. Its second request asked for email correspondence to or from Dr. David Morens with EcoHealth Alliance. USTRK also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, USTRK filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Mendoza Linares v. Garland et al (filed Jun 12, 2023)
Hever Alberto Mendoza Linares submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning himself. He also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Mendoza Linares filed suit.
Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Attorney’s fees - GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. CENTERS FOR MEDICARE & MEDICAID SERVICES et al (filed Jun 12, 2023)
Government Accountability and Oversight submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning certain described calendars. GAO also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, GAO filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - WILSON v. UNITED STATES DEPARTMENT OF STATE (filed Jun 12, 2023)
John Christian Wilson submitted a FOIA request to the Department of State for records concerning a 1996 investigation of targeting of indigenous protestors by the mining company Freeport McMoran in Indonesia. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Wilson filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jun 12, 2023)
Judicial Watch submitted a FOIA request to the Cybersecurity and Information Security Agency for records concerning the Election Integrity Partnership. 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 - TAX ANALYSTS v. INTERNAL REVENUE SERVICE (filed Jun 12, 2023)
Tax Analysts submitted a FOIA request to the IRS for records concerning an unredacted copy of Field Agency Advice 20223302F, which addresses a taxpayer attempting to use the provisions of the U.S. Mexico Income Tax Convention to excuse themselves of their obligation to file Form 5471and whether the taxpayer has reasonable cause for their failure to file said form. The IRS acknowledged receipt of the request and denied the request under Exemption 3 (other statutes). Tax Analysts filed an administrative appeal, which was denied. Tax Analysts then requested the IRS to disclose the FAA under Section 6110, which allows for disclosure if the advice is considered a ruling. After hearing nothing further from the agency, Tax Analysts filed suit.
Issues: Litigation – Attorney’s fees - QURESHI v. SECURITIES AND EXCHANGE COMMISSION (filed Jun 13, 2023)
Zamaan Qureshi submitted a FOIA request to the SEC for records concerning Mark Zuckerberg’s 2019 deposition testimony related to the SEC’s enforcement charges pending against Cambridge Analytics. The agency acknowledged receipt of the request and issued a Glomar response neither confirming nor denying the existence of records, based on Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Qureshi filed an administrative appeal. The agency remanded the request for further processing but also indicated that it still might find the records were exempt after reviewing them. The agency then provided a redacted copy of the deposition, citing Exemption 4 (commercial and confidential) and Exemption 77(E) (investigative methods and techniques) as well as Exemption 6 and 7(C). Qureshi then filed suit.
Issues: Litigation – Attorney’s fees - GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. CENTERS FOR MEDICARE & MEDICAID SERVICES et al (filed Jun 13, 2023)
Government Accountability and Oversight submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning certain described correspondence. GAO also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, GAO filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICANS FOR PUBLIC TRUST, v. FEDERAL AVIATION ADMINISTRATION (filed Jun 15, 2023)
Americans for Public Trust submitted FOIA requests to the Federal Aviation Administration for records concerning the flight logs for three private jets referred to as N1, N2, and N3 on which Secretary of Transportation Pete Buttigieg alleged flew. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, APT filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - GIBSON DUNN & CRUTCHER LLP v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Jun 15, 2023)
The law firm of Gibson, Dunn & Crutcher submitted a FOIA request to the SEC for records concerning the SEC’s position in enforcement actions that investors who provide convertible loans to public companies are actually dealers. The agency acknowledged receipt of the request. The agency located 56 responsive pages. The agency withheld 38 pages under Exemption 5 (privileges). Gibson Dunn filed an administrative appeal. After a discussion with the agency attorney, Gibson Dunn revised its request to ask for seven categories of records. The agency remanded the request for a further search but after hearing nothing further from the agency, Gibson Dunn filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - SNYDER v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jun 16, 2023)
Mary Snyder, a paralegal for the Federal Public Defender Office for the Middle District of Pennsylvania, submitted a FOIA request to the Bureau of Prisons for records concerning the BOP file on Alexandro Enrique Ramirez Umana, who was being represented by the federal defender’s office in habeas proceedings in the Western District of North Carolina. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Snyder filed suit.
Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees - GREENSPAN v. EXECUTIVE OFFICE FOR U.S. ATTORNEYS et al (filed Jun 12, 2023)
Aaron Greenspan, submitted FOIA requests to the Executive Office for U.S. Attorneys, the Department of State, the FBI, the IRS, and the DEA for records concerning Bola Ahmed Tinubu, the President-Elect of Nigeria. The agencies acknowledged receipt of the requests. The FBI and the DEA issued a Glomar response neither confirming nor denying the existence of records. The IRS denied the request under Exemption 3 (other statutes). After hearing nothing further from the agencies, Greenspan filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Newman v. Musk (filed Jun 12, 2023)
Newman Shantell filed suit against Elon Musk. This is not a FOIA case.
Issues: FOIA not mentioned - Government Accountability & Oversight v. United States Center for Medicare and Medicaid Services et al (filed Jun 13, 2023)
Government Accountability and Oversight submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning certain described correspondence. The agency acknowledged receipt of the request. After hearing nothing further from the agency, GAO filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Kimberlin v. Department of Justice (filed Jun 15, 2023)
Brett Kimberlin submitted two FOIA requests to the Department of Justice. The first request asked for records concerning the use of microscopic hair evidence. The second request was for records on Kelly James Merritt, a deceased informant. The agency acknowledged receipt of the requests but denied them because they could find no responsive records. Kimberlin then filed suit.
Issues: Litigation – Recovery of Costs, Failure to respond within statutory time limit - Monastery of Christ in the Desert v. United States Citizenship and Immigration Services et al (filed Jun 14, 2023)
The Monastery of Christ in the Desert submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning its administrative file. The agency acknowledged receipt of the request. The agency told the Monastery that it could find no responsive records. The Monastery appeals that decision. After hearing nothing further from the agency, the Monastery of Christ in the Desert filed suit
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - TC Company v. United States Forest Service (filed Jun 14, 2023)
TC Company submitted a FOIA request to U.S. Forest Service for records concerning the report on the Cerro Pelado fire. The agency acknowledged receipt of the request. TC Company submitted a second FOIA request for records concerning the burn plans for the Cerro Pelado fire. The agency provided a response to the first request but to the second request. TC Company filed an administrative appeal. After hearing nothing further from the agency, TC Company filed suit.
Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit - The New York Times Company v. Department of Defense et al (filed Jun 15, 2023)
The New York Times Company submitted FOIA requests to the Department of Defense, the Department of State, and the DEA for records pertaining to Abdul Raziq, an Afghan police chief who was assassinated in 2018. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the New York Times filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Berlant v. U.S. Department of Commerce et al (filed Jun 14, 2023)
Shannon Berlant submitted a FOIA request to the National Institute of Standards and Technology for records concerning NVLAP applications for the labs SLI, Wyle, NTS, and ProV&V. The agency acknowledged receipt of the requests. The agency told Berlant the cost of the records would be $2,268. The agency disclosed some records. Berlant filed an administrative appeal, but after hearing nothing further from the agency, Berlant filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Freedom Coalition of Doctors for Choice v. Centers for Disease Control and Prevention et al (filed Jun 16, 2023)
Freedom Coalition of Doctors for Choice submitted a FOOIA request to the Centers for Disease Control for records concerning data obtained from v-safe user/registrants from the free text field within the v-safe program for COVID-19 vaccines. The Coalition also requested expedited processing. The agency acknowledged receipt of the request. The agency told the Coalition that it was too burdensome to respond to its request. The Coalition filed an administrative appeal. After hearing nothing further the Coalition filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Fees, Litigation – Attorney’s fees - Flora et al v. Department of the Army (filed Jun 12, 2023)
Shana Flora and Francine Jupiter submitted FOIA requests to the Department of Army for records. Flora requested the current year’s OER support forms for all subordinate chaplain corps officers residing on Fort Belvoir. The agency acknowledged receipt of the request. Jupiter requested records concerning a specific solicitation number. The agency acknowledged receipt of her request. After hearing nothing further from either request, Flora and Jupiter filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Government Accountability & Oversight v. Center for Medicare and Medicaid Services et al (filed Jun 12, 2023)
Government Accountability and Oversight submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning certain described correspondence. GAO also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, GAO filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - FRIENDS OF THE EARTH et al v. U.S. DEPARTMENT OF STATE (filed Jun 13, 2023)
Friends of the Earth previously submitted a FOIA request to the Department of State for records concerning efforts by Amos Hochstein and the joint Task Force on Energy Security to address the impacts of Russia’s war against Ukraine on the energy crisis. FOE also requested expedited processing. The agency acknowledged receipt of the request and eventually granted FOE’s request for expedited processing. The agency located 304 pages of responsive records but after hearing nothing further from the agency, FOE filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jun 13, 2023)
America First Legal Foundation submitted a FOIA request to the Department of Justice concerning the investigation of a series of sexual assaults in Loudon County Public Schools in 2021. ALF also requested a fee waiver. The agency acknowledged receipt of the request. The agency told ALF that its request would take ten months to process. After hearing nothing further from the agency, ALF filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
No comments yet
Recent Tweets
7 days 
30 days 
over 30 days
