LATHAM & WATKINS LLP v. CENTERS FOR MEDICARE AND MEDICAID SERVICES and 16 other new FOIA lawsuits

We have added 108 documents from 17 FOIA cases filed between November 12, 2023 and November 18, 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. LATHAM & WATKINS LLP v. CENTERS FOR MEDICARE AND MEDICAID SERVICES (filed Nov 16, 2023)
   Latham & Wilkins submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning the exception by which New Drug applications might be classified as generic drugs. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Latham & Watkins filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Marker v. Cardona (filed Nov 14, 2023)
   Tania Marker submitted a FOIA request to the Department of Education for records concerning her student loans. The agency acknowledged receipt of the request and sent the responsive information in on a CD, which Marker was unable to use because she did have the right technology to access that format. The agency responded that it had not claimed any exemptions for records. After hearing nothing further from the agency, Marker filed suit.
   Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Recovery of Costs
3. SCHREIER v. UNITED STATES DEPARTMENT OF STATE et al (filed Nov 13, 2023)
   Jessie Schreier, an attorney representing Emilio Chong Paez, an indigenous rights activist, on an immigration matter, submitted FOIA requests to the Department of State and the CIA for records. The State Department request asked for records relating to Chong Paez. The agency acknowledged receipt of the request. The State Department provided records pertaining to his visa applications. Schreier filed an administrative appeal. The State Department upheld its exemption claims. The request to the CIA also asked for records about Chong Paez. The agency acknowledged receipt of the request but after hearing nothing further from the CIA, Schreier filed suit against both agencies.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. ARANGO v. DEPARTMENT OF THE NAVY, HEADQUARTERS UNITED STATES MARINE CORPS (filed Nov 14, 2023)
   Captain Steven Arango submitted a FOIA request to the U.S. Marine Corps for records concerning a previous investigation of Arango. Arango also asked for a fee waiver. The agency acknowledged receipt of the request and granted Arango’s request for a fee waiver. After hearing nothing further from the agency, Arango filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. US RIGHT TO KNOW v. DEPARTMENT OF STATE (filed Nov 14, 2023)
   U.S. Right to Know submitted a FOIA request to the Department of State for records concerning the origins of COVID-19. The agency acknowledged receipt of the request but after hearing nothing further from the agency, U.S. Right to Know filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
6. AMERICAN TRANSPARENCY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 14, 2023)
   American Transparency submitted a FOIA request to the National Institute of Health for records concerning a list/database of royalties paid to former NIH employees for work done while they were federal employees. The time frame was from October 2021 to September 2022. The agency acknowledged receipt of the request but after hearing nothing further from the agency, American Transparency filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. CATO INSTITUTE v. NATIONAL SECURITY AGENCY (filed Nov 14, 2023)
   The Cato Institute submitted a FOIA request to the National Security Agency for records concerning the GRANDMASTER, THINTHREAD and TRAILBLAZER programs. The Cato Institute also requested expedited processing. The agency acknowledged receipt of the request and denied Cato Institute’s request for expedited processing. The Cato Institute filed an administrative appeal of the NSA’s denial of its request for expedited processing. After hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. MC2 SABTECH INDUSTRIES, INC v. SMALL BUSINESS ADMINISTRATION (filed Nov 15, 2023)
   MC2 Sabtech Industries submitted a FOIA request to U.S. Small Business Administration for records concerning the agency’s inquiry with GET on November 17, 2015 concerning the SBA’s WOSB eligibility examination. The agency acknowledged receipt of the request but after hearing nothing further from the agency, MC2 Sabtech Industries filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. USCIS (filed Nov 15, 2023)
   Federation for American Immigration Reform submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning email correspondence between USCIS and Tania Mattos, director of advocacy and policy at the Envision Freedom Fund from January 2021 to May 2022. FAIR also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked FAIR to clarify its request. FAIR objected to narrowing the request any further. After hearing nothing further from the agency, FAIR filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF EDUCATION (filed Nov 15, 2023)
    Protect the Public’s Trust submitted a FOIA request to the Department of Education for records concerning communications regarding student loan forgiveness between White House staff members and any political appointees of the Office of the Secretary or the Office of the Undersecretary. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. UNITED FOR FBI INTEGRITY v. U.S. DEPARTMENT OF JUSTICE (filed Nov 15, 2023)
    United for FBI Integrity submitted a FOIA request to the Department of Justice for records concerning the number of appeals of security revocations by DOJ. The agency acknowledged receipt of the request. The agency denied the request. United for FBI Integrity filed an administrative appeal. The agency remanded the request for processing. The agency then withheld personally identifying information under Exemption 6 (invasion of privacy). United for FBI Integrity filed suit.
    Issues: Litigation – Attorney’s fees
12. AKIN GUMP STRAUSS HAUER & FELD LLP v. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (filed Nov 15, 2023)
    Akin Gump Strauss Hauer & Feld submitted a FOIA request to the Pipeline and Hazardous Materials Safety Administration for records concerning explosive classifications assigned by PHMSA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Akin Gump filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. SWEIGERT v. U.S. NATIONAL INSTITUTE OF HEALTH et al (filed Nov 14, 2023)
    D.G. Sweigert submitted a FOIA request to the National Institute of Health for records concerning his criticism of the NIH. This case seems to have been transferred from the Southern District of New York where Sweigert’s original suit was dismissed for lack of jurisdiction.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. SECURITIES AND EXCHANGE COMMISSION (filed Nov 16, 2023)
    Government Accountability & Oversight submitted three FOIA requests to the SEC for records concerning emails to and from various officials. The agency acknowledged receipt of the requests but after hearing nothing further from the agency GAO filed suit
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. JAMES MADISON PROJECT et al v. OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE (filed Nov 16, 2023)
    James Madison Project and reporter Brian Karem submitted a FOIA request to the Office of the Director of National Intelligence for records concerning a specific whistleblower complaint. JMP also requested expedited processing. After hearing nothing from the agency, JMP filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
16. ADVANCE MAGAZINE PUBLISHERS INC. v. U.S. DEPARTMENT OF DEFENSE et al (filed Nov 17, 2023)
    Advance Magazine Publishers submitted FOIA requests to the Department of Defense for records concerning incidents that took place at various air force bases. The agency acknowledged receipt of the request 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
17. ABU ZAID et al v. U.S. CUSTOMS AND BORDER PROTECTION (filed Nov 18, 2023)
    Khawla Abu Zaid, Jawaher Taha, and Jehad Taha submitted FOIA requests to U.S. Customs and Border Protection for records concerning an incident that took place at Chicago O’Hare Airport on December 13, 2022. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Abu Zaid, and the Tahas filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees