Jewish Legal News, Inc. v. United States Department of State and 9 other new FOIA lawsuits, plus case descriptions

We have added 66 documents from 10 FOIA cases filed between August 20, 2023 and August 26, 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. Jewish Legal News, Inc. v. United States Department of State (filed Aug 21, 2023)
   Jewish Legal News submitted a FOIA request to the Department of State for records concerning communications sent to and received by Ambassador Deborah Lipstadt and/or her office regarding the strategy on antisemitism recently announced by President Biden in May 2023. The agency acknowledged receipt of the request but after hearing nothing more from the agency, Jewish Legal News filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. THE ESTATE OF MRS EVA R BUENAVENTURA v. EXECUTIVE OFFICE OF THE PRESIDENT et al (filed Aug 20, 2023)
   The Estate of Mrs. Eva R. Buenventura filed suit against the U.S. government. This is not a FOIA case.
   Issues: FOIA not mentioned
3. Holmes v. Department of Homeland Security (filed Aug 22, 2023)
   Richard Holmes submitted a FOIA request to the Department of Homeland Security for records concerning an investigation of Holmes when he was a Border Patrol Agent. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Holmes filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al (filed Aug 23, 2023)
   Government Accountability & Oversight submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning certain described emails of four named CMS officials using one or more of ten keywords. 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
5. ADVANCE MAGAZINE PUBLISHERS INC. v. U.S. DEPARTMENT OF DEFENSE et al (filed Aug 23, 2023)
   Advance Magazine Publishers submitted four FOIA requests to the Department of Army for records concerning investigative reports related to war crimes detailed on a second list of incidents. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Advance Magazine Publishers filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 23, 2023)
   Judicial Watch submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning investigative reports and correspondence sent to or from officials in the Quality, Safety and Oversight Group. 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
7. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. SECURITIES AND EXCHANGE COMMISSION (filed Aug 24, 2023)
   Government Accountability & Oversight submitted a FOIA request to the SEC for records concerning certain described email correspondence involving four and one SEC officials which was sent to or from named email domains over a specified period of time. The agency acknowledged receipt of the request but after hearing nothing further from the agency, GAO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. TOTAL ASSET RECOVERY SERVICES LLC v. UNITED STATES DEPARTMENT OF COMMERCE (filed Aug 24, 2023)
   Total Asset Recovery Services submitted a FOIA request to the Department of Commerce for records concerning access to the Social Security Administration’s Death Master File. The agency acknowledged receipt of the request but told TARS that it had no records connected to the SSA DMF. TARS then filed an administrative appeal to DOC and then submitted a second FOIA request. After hearing nothing from the agency, TARS filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Aug 24, 2023)
   The Office of the Federal Public Defender, Middle District of Tennessee, submitted a FOIA request to the U.S. Marshals Service for records concerning Ricky Allen Frackell, who had been convicted of murdering a fellow inmate and sentenced to death. The Federal Public Defender’s Office was representing him in his habeas corpus appeal. OFPD also expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, OFPD filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
10. Driggs et. al. v. Central Intelligence Agency (filed Aug 24, 2023)
    Michael Driggs and others submitted FOIA requests to the CIA. After hearing nothing further from the agency, Driggs and the others filed suit.
    Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees