Brugge v. U.S. Department of Defense, et al. and 20 other new FOIA lawsuits, plus case descriptions

We have added 178 documents from 21 FOIA cases filed between April 21, 2024 and April 27, 2024. 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. Brugge v. U.S. Department of Defense, et al. (filed Apr 23, 2024)
   Mark Brugge submitted FOIA requests to the Department of Defense and the Department of State for records concerning emails from senior officials related to Abbey Gate and the withdrawal from Afghanistan. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Brugge filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. Sanchez Mora et al v. U.S. Customs and Border Protection et al (filed Apr 24, 2024)
   Julian Sanchez Mora, Sioban Waldron, Carlos Moctezuma Garcia, Brenda Canudas Tirado, and Ali Ainair, three immigration attorneys and two individuals, submitted FOIA requests to U.S. Customs and Border Protection for records concerning their clients or themselves challenging that the agency had a pattern or practice of having a continuous backlog of FOIA requests. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the plaintiffs filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AYUDA, INC. v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 22, 2024)
   Ayuda, Inc submitted a FOIA request to the Department of Homeland Security for records concerning the removal order for Agular Rivera. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Ayuda, Inc. filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. LANIER LAW FIRM v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Apr 23, 2024)
   Lanier Law Firm submitted a FOIA request to the Department of Health and Human Services for records concerning economic/or cost benefits analyses concerning whether to resolve HHS’s Medicare liens and/or MSP recovery claims on an individual or global basis. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lanier Law Firm filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. HOLLAND LAW FIRM v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Apr 23, 2024)
   Holland Law Firm submitted a FOIA request to the Department of Health and Human Services for records concerning communications between the Centers for Medicare and Medicaid Services and Benefits Coordination and Recovery Center regarding the talcum powder mass tort litigation against Johnson & Johnson. The agency acknowledged receipt of the request and asked Holland Law Firm who they believed at CMS might have responsive records for searching purposes. Holland Law Firm replied that it thought the request was reasonably described for search purposes. After hearing nothing further from the agency, Holland Law Firm filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al (filed Apr 23, 2024)
   records concerning communications to or from Anthony Fauci and Frances Collins, as well as several other NIH officials that contained a set of keywords. 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, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 24, 2024)
   Judicial Watch submitted a FOIA request to the Department of Health and Human Services for records concerning work-related emails sent to and from National Institute of Allergy and Infectious Diseases Senior Advisor David Morens on no-government email accounts. 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
8. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. AIR FORCE (filed Apr 24, 2024)
   Center to Advance Security in America submitted a FOIA request to U.S. Air Force for records concerning an agency memo on diversity, equity, and inclusion goals in USAF’s recruitment. The agency acknowledged receipt of the request. The agency told CASA that its search found no responsive records. CASA filed an administrative appeal of the no records response. The agency ‘s response letter indicated that it was referring the request to the appropriate component. After hearing Nothing further from the agency, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Apr 24, 2024)
   Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning the recently identified safety signal for ischemic stroke in people ages 65 and older who received Pfizer’s COVID-19 vaccine. The agency acknowledged receipt of the request. The agency asked ICAN to narrow the scope of its request. ICAN did so but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. GLINES v. DEPARTMENT OF DEFENSE et al (filed Apr 25, 2024)
    Kristina Glines submitted FOIA requests to the Department of Defense for records concerning the investigation of her complaints of work-place harassment. The agency acknowledged receipt of the requests and Glines successfully appealed several requests. However, after hearing nothing further from the agency concerning her requests, Glines filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. AMERICA FIRST LEGAL FOUNDATION v. DEPARTMENT OF EDUCATION (filed Apr 25, 2024)
    America First Legal Foundation submitted two FOIA requests to the Department of Education for records. The first FOIA request asked for records concerning communications related to pro-Hama activity on college campuses. AFL also requested a fee waiver. The second FOIA request asked for information on student visa holders who espoused support for terrorist organizations. AFL also requested a fee waiver. The agency acknowledged receipt of the requests. The agency asked AFL to narrow the scope of its request on student visa holders. AFL agreed to narrow the request. After hearing nothing further from the agency concerning either request, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
12. CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Apr 25, 2024)
    Center for Immigration Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the most recent version of the Declined Detainer Outcome Report. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CIS filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. PUBLIC CITIZEN v. U.S. DEPARTMENT OF LABOR (filed Apr 26, 2024)
    Public Citizen submitted a FOIA request to the Department of Labor for records related to DOL’s coordinated enforcement regulation. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request and referred to the Wage and Hour Division. WHD denied Public Citizen’s request for a fee waiver. Public Citizen filed an administrative appeal of the fee waiver denial. After hearing nothing further from the agency, Public Citizen filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
14. WHITE v. U.S. TRANSPORTATION SECURITY ADMINISTRATION (filed Apr 26, 2024)
    Immigration attorney Kenneth White submitted a FOIA request to the Transportation Security Administration for records concerning the operation of the Traveler Redress Inquiry Program. The agency acknowledged receipt of the request. After hearing nothing further from the agency, White filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. CATO INSTITUTE v. U.S. DEPARTMENT OF STATE (filed Apr 26, 2024)
    Cato Institute submitted a FOIA request to the Department of State for records concerning specified cables from the tenure of Secretary of State Alexander Haig. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cato Institute filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
16. SEWELL-SMITH v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Apr 26, 2024)
    Nicka Sewell-Smith submitted a FOIA request to the National Archives and Records Administration for records concerning the FBI file on Rev. Francis Joseph Atlas, Sr. Sewell-Smith had been referred to NARA after she made her request directly to the FBI. The agency acknowledged receipt of her request and told her that NARA had 225 FOIA requests ahead of hers. After hearing nothing further from the agency, Sewell-Smith filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
17. Southeastern Legal Foundation, Inc. v. United States Department of Education (filed Apr 23, 2024)
    Southeastern Legal Foundation submitted a FOIA request to the Department of Education for records concerning schools in Evanston/Skokie, IL. SLF also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied SLF’s request for a fee waiver. After hearing nothing further from the agency, SLF filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
18. American Civil Liberties Union et al v. National Security Agency et al (filed Apr 25, 2024)
    ACLU submitted requests to the National Security Agency, the Office of the Director of National Intelligence, and the Department of Defense for records concerning the Inspector General’s Report on the DOD’s and NSA’s Integration of Artificial Intelligence issued October 17, 2022. The ACLU also asked for expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the ACLU filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
19. Song v. Central Intelligence Agency of the United States (filed Apr 24, 2024)
    Eugenia Song submitted a FOIA request to the CIA. After hearing not5hing further from the agency, Song filed suit.
    Issues: Failure to respond within statutory time limit
20. Manko, Gold, Katcher & Fox LLP et al v. UNITED STATES COAST GUARD (filed Apr 22, 2024)
    The law firm of Manko, Gold, Katcher & Fox submitted a FOIA request to U.S. Coast Guard for records concerning the proposed Port of Wilmington Edgemoor Expansion project. The agency acknowledged receipt of the request. The agency told the law firm that it could find no responsive records. The law firm filed an administrative appeal but after hearing nothing further from the agency, the law firm filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
21. Faizer v. Tennessee Valley Authority (filed Apr 25, 2024)
    Melanie Fazier, a journalist and professor, submitted a FOIA request to the Tennessee Valley Authority for records concerning agreements or contracts between TVA and the cryptocurrency mining company Bitdeer. The agency acknowledged receipt of the request. The agency located a six-page incentive agreement but redacted it under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). Fazier filed an administrative appeal of the denial. TVA upheld it original denial and also withheld 31 items related to the credit agreement under Exemption 4. Fazier filed another administrative appeal. The TVA disclosed some redacted portions previously withheld but otherwise continued to assert the claimed exemptions. Fazier then then filed suit.
    Issues: Litigation – Attorney’s fees