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NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION and 27 other new FOIA lawsuits

by Harry Hammitt on December 1st, 2023

We have added 262 documents from 28 FOIA cases filed between October 29, 2023 and November 4, 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. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Nov 2, 2023)
    National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning federal student loan borrowers who have been positively identified as eligible for automatic TPD discharges through the Department’s matching agreement with SSA. NSLDN also requested a fee waiver. The agency acknowledged receipt of the request. The agency granted NSLDN’s request for a fee waiver. After hearing Nothing further from the agency, NSLDN filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
  2. Castillo-Trevizo et al v. Executive Office of Immigration Review et al (filed Oct 30, 2023)
    Alejandro Castillo-Trevizo and Joseph Alan Moro, his attorney, submitted a FOIA request to the Executive Office for Immigration Review for records concerning the records of EOIR proceedings involving Castillo-Trevizo. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Castillo-Treviso and Moro filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  3. KENNEDY v. UNITED STATES SECRET SERVICE et al (filed Oct 30, 2023)
    Robert F. Kennedy, Jr., a candidate for President, submitted FOIA requests to the Department of Homeland Security and U.S. Secret Service for records concerning requests to the agency for protection. Kennedy also requested expedited processing. Both agencies acknowledged the requests and granted Kennedy expedited processing and consolidated the two requests. After hearing nothing for two months, Kennedy filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  4. SMARTFLASH, LLC v. U.S. PATENT AND TRADEMARK OFFICE (filed Oct 30, 2023)
    Smartflash LLC submitted two FOIA requests to U.S. Patent and Trademark Office for records concerning a series of specific emails that related to the award of patents to Apple. The agency acknowledged receipt of the requests. The agency provided responsive records with redactions. Smartflash filed an administrative appeal. After hearing nothing further from the agency, Smartflash filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. CENTER FOR IMMIGRATION STUDIES v. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Oct 30, 2023)
    Center for Immigration Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning emails to or from political appointees to named environmental advocacy groups. The agency acknowledged receipt of the request. The agency declined to process the request because it did not sufficiently identify responsive records. CIS filed an administrative appeal. The agency upheld its original decision. CIS then filed suit.
    Issues: Adequacy – Search, Request – Perfected request, Litigation – Vaughn index, Litigation – Attorney’s fees
  6. AMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF THE INTERIOR (filed Oct 31, 2023)
    Americans for Prosperity Foundation submitted three FOIA requests to the Department of Interior for records concerning communications from specified named officials pertaining to the cancellation of contracts to develop the oil and gas in the Arctic Wildlife Refuge. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AFPF filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
  7. WILLIAM & LAKE, LLC. v. UNITED STATES DEPARTMENT OF TRANSPORTATION et al (filed Nov 1, 2023)
    William & Lake, LLC submitted a FOIA request to the Department of Transportation for records concerning its Pulse Product, which is involved with traffic safety. The agency acknowledged receipt of the request but after hearing nothing further from the agency, William & Lake filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  8. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF DEFENSE (filed Nov 1, 2023)
    White Coat Waste Project submitted two FOIA requests to the Department of Defense for records concerning funding applications for the Bridging the Gap Plus Project at the University of Pittsburgh. The agency acknowledged the receipt of the requests but after hearing nothing further from the agency, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  9. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF STATE (filed Nov 1, 2023)
    White Coat Waste Project submitted a FOIA request to the Department of State correspondence related to the NIH-funded leishmaniasis experiments in Tunisia between the State Department staff and NIAID. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  10. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. SECURITIES AND EXCHANGE COMMISSION (filed Nov 1, 2023)
    Government Accountability & Oversight submitted a FOIA request to the SEC for records concerning email correspondence involving from six agency officials sent to two specific domain addresses over two specified periods of time. 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
  11. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al (filed Nov 1, 2023)
    Informed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning emails sent of received by Anthony Fauci on or after January 1, 2011that include the words “Dasak” or “EcoHealth” or “Eco Health.” ICAN also requested expedited processing. The agency acknowledged receipt of the request. The agency denied ICAN’s request for expedited processing. NIH told ICAN the request was too broad and ICAN narrowed the scope of the request. After hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  12. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed Nov 2, 2023)
    White Coat Waste Project submitted five FOIA requests to the Department of Veterans Affairs for records concerning a variety of topics and locations. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  13. INFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION et al (filed Nov 2, 2023)
    Informed Consent Action Network submitted two FOIA requests to the FDA for records concerning emails to a list of named individuals involved with covid vaccines. ICAN also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the requests and denied ICAN’s request for expedited processing. ICAN filed suit, challenging the denial of expedited processing.
    Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  14. ELLIOTT INVESTMENT MANAGEMENT LP v. SECURITIES AND EXCHANGE COMMISSION (filed Nov 2, 2023)
    Elliott Investment Management submitted three FOIA requests to the SEC for records, one of which concerned the agency’s Rule 10B-1 Proposal and Section 13(d) Proposal. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Elliott Investment Management filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  15. AMERICAN CENTER FOR LAW AND JUSTICE v. UNITED STATES DEPARTMENT OF STATE (filed Nov 3, 2023)
    American Center for Law and Justice submitted a FOIA request to the Department of State for records concerning knowledge of efforts by the Biden administration to delegitimatize Israel. The agency acknowledged receipt of the request. After hearing nothing further from the agency, ACLJ filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  16. PROTECT THE PUBLIC'S TRUST v. FEDERAL BUREAU OF INVESTIGATION (filed Nov 3, 2023)
    Protect the Public’s Trust submitted six FOIA requests to the FBI for records concerning communications between Twitter employees Patrick Conlon and Stacia Cardille and employees within the FBI’s National Election Command Post. The agency acknowledged receipt of the requests but after the agency failed to respond to the requests satisfactorily, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
  17. VRA Enterprises, LLC v. The Center for Medicare and Medicaid Services et al (filed Oct 30, 2023)
    VRA Enterprises, a pharmacy in Tampa, submitted FOIA requests to the Centers for Medicare and Medicaid Services and other agencies for records concerning the demonstration program covering over-the-counter COVID-19 tests. The agencies acknowledged receipt of the request. Some agencies told VRA Enterprises that they did not have any responsive records. After hearing nothing further from the agencies, VRA Enterprises filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  18. Southern Environmental Law Center v. United States Forest Service (filed Oct 31, 2023)
    Southern Environmental Law Center submitted a FOIA request to U.S. Forest Service for records concerning the agency’s stewardship contracting program. The agency acknowledged receipt of the request and asked SELC to narrow the scope of its request. SELC did so and agreed to a search of 15 categories of records pertaining to nine forests. After hearing nothing further from the agency, SELC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  19. Chelmowski v. Federal Communication Commission (filed Nov 2, 2023)
    James Chelmowski submitted a FOIA request to the Federal Communications Commission for records concerning his prior FOIA requests and appeals in 2015 to 2018. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Chelmowski filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
  20. VECINA et al v. Administration for Children and Families, U.S. Department of Health and Human Services (filed Nov 1, 2023)
    Vecina and the National Immigration Litigation Alliance submitted a FOIA request to the Administration for Children and Families for records concerning a copy of the Unaccompanied Child Manual of Procedures. Vecina and NILA also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vecina and NILA filed suit.
    Issues: Failure to respond within statutory time limit, Choice of format, Public Interest Fee Waiver, Litigation – Attorney’s fees
  21. Sweigert v. U.S. National Institute of Health et al (filed Oct 29, 2023)
    D.G. Sweigert submitted FOIA requests to the National Institute of Health for records. The agency failed to respond to them and Sweigert filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  22. International Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services (filed Nov 1, 2023)
    International Refugee Assistance Project submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning how and when USCIS issues RFEs and NOIDs to determine eligibility for family-based immigration benefits. IRAP also requested a fee waiver. The agency acknowledged receipt of the request. The agency granted IRAP’s fee waiver request. After hearing nothing further from the agency, IRAP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  23. Broccoli v. U.S. Department of Justice (filed Oct 31, 2023)
    Domenico Broccoli submitted a FOIA request to the FBI for records concerning himself. The agency acknowledged receipt of the request. The agency told Broccoli that it had searched for records under his name and found no responsive records. Broccoli found that impossible to believe because he had previously been involved with an investigation into misconduct by an FBI agent that had been sent to the Office of Inspector General. As a result, Broccoli filed an administrative appeal. The FBI remanded the case for a new search. After hearing nothing further from the agency, Broccoli filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  24. Capital Area Immigrants Rights Coalition v. U.S. Department of Homeland Security et al (filed Nov 3, 2023)
    Capital Area Immigrants’ Rights Coalition submitted a FOIA request to U.S. Immigration and Customs Enforcement for records related to the agency’s policies regarding the continued detention of non-citizens after they are granted withholding or CAT relief in immigration court. CAIR also requested a fee waiver and that the records be produced in electronic format. The agency acknowledged receipt of the request. The agency disclosed 242 responsive pages. Forty-six pages were released in their entirety, 159 pages were withheld in full, and 37 pages were released with redactions. CAIR filed an administrative appeal. The agency agreed to conduct a further search. However, after hearing nothing further from the agency, CAIR filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  25. SELMAN v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Oct 30, 2023)
    Amet Abbas Selman submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning himself and his interactions with Department of Homeland Security agencies. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Selman filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
  26. SELMAN v. U.S. CUSTOMS AND BORDER PROTECTION (filed Oct 31, 2023)
    Amet Abbas Selman submitted a FOIA request to U.S. Customs and Border Protection for records concerning himself and his interactions with the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Selman filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
  27. Borrero Figueredo v. Executive Office for Immigration Review et al (filed Oct 31, 2023)
    Isdrey Borrero Figueredo submitted a FOIA request to the Executive Office for Immigration Review for records concerning her immigration history. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Borrero Figueredo filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  28. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al (filed Nov 1, 2023)
    Informed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning for all emails received by Barney Graham that include “Baric” in any part of the email. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees

From → FOIA, PACER

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