VANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION and 21 other new FOIA lawsuits, plus case descriptions

We have added 176 documents from 22 FOIA cases filed between August 6, 2023 and August 12, 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. VANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION (filed Aug 11, 2023)
   Vanda Pharmaceuticals submitted three FOIA requests to the FDA for records. Vanda’s first FOIA request asked for records concerning any bioequivalence study or dissolution study submitted during FDA’s consideration of Teva’s ANDA. The agency acknowledged receipt of the request. Vanda’s second FOIA request asked for records concerning bioequivalence studies for Apotex’s ANDA. The agency acknowledged receipt of the request. Vanda submitted a third request for records concerning bioequivalence studies concerning MSN’s ANDA. The agency acknowledged receipt of the request. After hearing nothing further from the agency concerning any of its three requests, Vanda Pharmaceuticals filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. Van Der Hout et al v. Executive Office for Immigration Review (EOIR) et al (filed Aug 9, 2023)
   Marc van der Hout, an immigration attorney, submitted a FOIA request to the Executive Office for Immigration Review for records concerning the record of proceedings for Harjinder Kaur Pannu, his client. The agency acknowledged receipt of the request. The agency responded in part, disclosing 66 pages, but failed to release others. After hearing nothing further from the agency, Van der Hout filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
3. JUDICIAL WATCH, INC. v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 7, 2023)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning all records required to be provided to the Attorney General by the Special Counsel. 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
4. HASSAN v. UNITED STATES DEPARTMENT OF STATE (filed Aug 7, 2023)
   Muhammed Hassan submitted a FOIA request to the Department of State concerning email correspondence between the U.S. Embassy in Islamabad, the National Visa Center and the Bureau of Consular Affairs discussing the immigrant visa backlog at the embassy in Islamabad. Hassan also requested expedited processing. The agency acknowledged receipt of the request. The agency denied Hassan’s request for expedited processing. After hearing nothing further from the agency, Hassan filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. UNITED DEVELOPMENT FUNDING III, L.P et al v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Aug 8, 2023)
   United Development Funding submitted FOIA requests to the SEC for records concerning the SEC’s Hayman Capital Investigation. The agency acknowledged receipt of the requests. United Development filed several administrative appeals but after hearing nothing further from the agency, United Development Funding filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. CHILDREN'S HEALTH DEFENSE v. FOOD AND DRUG ADMINISTRATION (filed Aug 10, 2023)
   Children’s Health Defense submitted a FOIA request to the FDA for records concerning safety monitoring conducted by the FDA under the BEST Protocol. CHD also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request for expedited processing. After hearing nothing further from the agency, CHD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Aug 10, 2023)
   Project on Government Oversight submitted three FOIA requests to the Department of Homeland Security for records concerning the U.S. Border Patrol’s critical incident team report on the death of Claudia Patricia Gomez Gonzalez by a U.S. Border Patrol agent. POGO also requested a fee waiver and inclusion in the media fee category. The agency acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). POGO filed an administrative appeal. CBP told POGO that Exemption 7(A) was being claimed for records related to CBP’s own internal investigation of shooting and agreed to allow a search for records on Gomez Conzalez’s death. POGO heard nothing further from the agency. POGO’s second FOIA request was for records concerning the 2010 death of Anastasio Hernandez Rojas. POGO also requested a fee waiver and inclusion in the media fee category. The agency acknowledged receipt of the request. The agency denied records under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods or techniques). POGO filed an administrative appeal of that denial but heard nothing further from the agency. POGO’s third FOIA request was for records concerning all versions of CBP’s Use of Force Incident Guide. POGO also requested a fee waiver and inclusion in the news media fee category. The agency acknowledged receipt of the request but after hearing nothing further from the agency, POGO filed suit for all three requests.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
8. PROTECT THE PUBLIC'S TRUST v. U.S. FOOD AND DRUG ADMINISTRATION (filed Aug 10, 2023)
   Protect the Public’s Trust submitted a FOIA request to the FDA for records concerning user fees submitted to the FDA’s Center for Biologics Evaluation and Research from COVID-19 vaccines and how those fees were used. The agency acknowledged receipt of the request. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. FOOD AND DRUG ADMINISTRATION (filed Aug 10, 2023)
   Functional Government Initiative submitted two FOIA requests to the FDA for records. The first FOIA request asked for correspondence between certain officials in the FDA’s Center for Tobacco Products and a list of named organizations. The agency acknowledged receipt of the request. FGI and the agency had discussions about clarifying the scope of the request but FGI heard nothing further. The second FOIA asked for records concerning correspondence between to named officials in the FDA’s Office of Food Policy and Response and a list of named organizations. The agency acknowledged receipt of the request. After hearing nothing further from the agency, FGI filed suit on both requests.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES BUREAU OF LAND MANAGEMENT (filed Aug 11, 2023)
    Public Employees for Environmental Responsibility submitted a FOIA request to the Bureau of Land Management for records concerning the agency’s dataset for Land Health provided to PEER in response to FOIA requests in 2007, 2012, and 2020. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. VANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION (filed Aug 11, 2023)
    Vanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning discipline reviews prepared by the agency during the evaluation of NDA 205677/S-005. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceuticals filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. VANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION (filed Aug 11, 2023)
    Vanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning SOPs or other internal guidance concerning the agency’s triage, prioritization, or processing of incoming FOIA requests. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceuticals filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Defense of Freedom Institute for Policy Studies, Inc. v. US Department of Education et al (filed Aug 9, 2023)
    The Defense of Freedom Institute for Policy Studies submitted three FOIA requests to the Department of Education for records. DFI’s first FOIA request asked for records related to the Department’s enforcement of Section 117, which requires colleges and universities to report biannually to the Department foreign source gifts and contracts with an annual value of more that $250,000. DFI also requested a fee waiver. The agency acknowledged receipt of the request but denied DFI’s request for a fee waiver. DFI filed an administrative appeal of the denial of its fee waiver request. The agency reversed its decision and granted DFI’s fee waiver. DFI heard nothing further. DFI submitted a second request to OMB for records similar to its request to the Department of Education. OMB acknowledged receipt of the request but DFI heard nothing further from OMB. DFI’s third FOIA request to the Department for similar records with somewhat more specifics. The agency acknowledged receipt of the request but after hearing nothing further from either agency, DFI filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. Franklin v. Wormuth (filed Aug 7, 2023)
    Rita Rene Franklin, an employee alleging sexual harassment, submitted a FOIA request to the Department of Army for records concerning the agency’s investigation report into her sexual harassment allegations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Franklin filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
15. Nash v. U.S. Immigration and Customs Enforcement (filed Aug 8, 2023)
    Lindsay Nash, co-dir4ector of the Kathryn O. Greenberg Immigration Justice at the Benjamin N. Cardozo School of Law, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning administrative subpoenas issued by ICE employees. Nash also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. ICE involved a 10-day extension. After hearing nothing further from the agency, Nash filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
16. CBS Broadcasting Inc. v. U.S. Department of Justice et al (filed Aug 9, 2023)
    CBS Broadcasting submitted seven FOIA requests to the Bureau of Prisons for records concerning records on deceased FBI agent Robert Hansen, who was convicted of espionage, while he was in prison. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CBS filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
17. Maritime Legal Solutions, PLLC v. U.S. Transportation Command (filed Aug 9, 2023)
    Maritime Legal Solutions submitted a FOIA request to U.S. Transportation Command for records concerning incidents of sexual abuse. The agency acknowledged receipt of the request. The agency gave MLS an estimated completion time but after hearing nothing further from the agency, MLS filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
18. Everson v. United States Department of Justice et al (filed Aug 10, 2023)
    Sabrina Everson submitted a FOIA request to the Bureau of Prisons for records concerning Bobby Everson Jr., a federal prisoner. The agency acknowledged receipt of the request. Everson filed several administrative appeals pertaining to denials of access to records but after hearing nothing further from the agency, Everson filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
19. JUDICIAL WATCH, INC. v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Aug 7, 2023)
    Judicial Watch submitted a FOIA request to the National Archives and Records Administration for records concerning policies pertaining to the transitions of former Presidents and the help requested and/or provided to Trump in packing and moving documents. 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
20. BLOOMBERG INDUSTRY GROUP, INC. et al v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed Aug 8, 2023)
    Bloomberg Industry Group, a news organization that publishes legal, tax, regulatory, and business information for professionals, submitted a FOIA request to the Department of Health and Human Services for records concerning complaints filed with the Office of Civil Rights alleging violation of Section 1557 of the Affordable Care Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bloomberg Industry Group filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. Ryder v. Edwards et al (filed Aug 9, 2023)
    Randall Ryder submitted a FOIA request to the Department of Defense for records about himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Ryder filed suit.
    Issues: Failure to respond within statutory time limit
22. US Right to Know v. Office of the Director of National Intelligence (filed Aug 10, 2023)
    U.S. Right to Know submitted a FOIA request to the Office of the Director of National Intelligence for records concerning the origin of the COIVD-19 pandemic. 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, USRTK filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees