41 new FOIA court documents, plus case descriptions

We have added 41 documents from 8 FOIA cases filed between November 9, 2014 and November 15, 2014. 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. JOSEPH v. UNITED STATES DEPARTMENT OF STATE et al (filed Nov 10, 2014)
   Patrick Joseph submitted a FOIA request to the Department of State for records concerning a Cambodian non-governmental organization that runs a shelter for runaway girls. The agency acknowledged receipt of the request, but although there were several email exchanges regarding the request’s status, the agency had taken no further action. Joseph also submitted a FOIA request to the U.S. Agency for International Development for records on the same Cambodian organization. The agency acknowledged receipt of the request. There were several exchanges regarding the status of the request and USAID finally indicated that it believed the information was protected by Exemption 4 (confidential business information) and that it planned to provide predisclosure notification to the organization. Joseph then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. ORGANIZATION FOR COMPETITIVE MARKETS v. OFFICE OF INSPECTOR GENERAL (filed Nov 12, 2014)
   The Organization for Competitive Markets submitted a FOIA request to the Office of the Inspector General at the Department of Agriculture for an audit it had conducted of the department’s beef promotion program. The agency identified 3, 346 responsive pages, but disclosed only 101 pages, withholding the rest of the records under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The Organization appealed the denial, which was upheld. At that time, the agency also granted the Organization’s request for a fee waiver. A month later, OIG sent a letter to the Organization indicating that the audit had been placed on active status review and that none of the records could now be released. In January 2014, the agency published a final version of the report, but the Organization pursued its original request to explore discrepancies between findings in 2010 that were no longer part of the 2014 final report. While processing the request, the agency also indicated that it could not provide the records in electronic format as requested, but only as PDF files. The Organization than filed suit.
   Issues: Choice of format, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Braun v. Federal Bureau of Investigation (filed Nov 12, 2014)
   David Steven Braun submitted a FOIA request to the FBI for his records. The agency provided a single page. Dissatisfied, Braun filed suit.
   Issues: Withholding not related to exemption claims
4. Hoeller v. Social Security Administration (filed Nov 12, 2014)
   Timothy Hoeller sought records from the Social Security Administration concerning how payments were to be calculated and collected under provisions of the recent financial reform statute. Hoeller apparently did not file a FOIA request, but is using his lawsuit to obtain access to the records he seeks.
   Issues: Withholding not related to exemption claims
5. Robbins, Geller, Rudman & Dowd, LLP v. United States Securities and Exchange Commission (filed Nov 13, 2014)
   The law firm of Robbins, Geller, Rudman & Dowd submitted a FOIA request to the SEC for records provided by Walmart that indicated they may have violated the Foreign Corrupt Practices Act. The agency responded by indicating that all records were being withheld under Exemption 7(A) (ongoing investigation or proceeding). The law firm appealed the denial, which was upheld. The law firm then filed suit.
   Issues: Exemption 7(A) – Categorical exemption, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Eberg v. Defense (filed Nov 14, 2014)
   Cheryl Eberg, a military veteran, submitted a FOIA request to the Department of Defense for records concerning sexual harassment charges against Col. William Adams, who had been the subject of Eberg’s 2006 EEO complaint. The agency denied her request and she filed an administrative appeal. After hearing nothing further from the agency, Eberg filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. CABAN v. DEPARTMENT OF JUSTICE (filed Nov 14, 2014)
   Jennifer Caban, a free-lance journalist, submitted a FOIA request to the FBI for records on herself. The agency responded that it had found 3,205 responsive pages and asked Caban if she wanted the records in hard-copy or on a CD. She asked for a CD as well as an estimated completion date. The agency provided an estimated date of completion of June 23, 2014. After that date came without receipt of the records, she asked for a new completion date and the agency told her it would be finished by Dec. 31, 2014. She then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Gahagan v. United States Customs and Border Protection et al (filed Nov 15, 2014)
   Immigration attorney Michael Gahagan submitted a FOIA request to U.S. Customs and Border Protection for records concerning his client, Theodore Weegar, who was in removal proceedings, but heard nothing further from CBP. Gahagan also requested records on Weegar from U.S. Immigration and Customs Enforcement. ICE indicated it had sent his request to U.S. Citizenship and Immigration Services for processing. Gahagan filed an administrative appeal of ICE’s decision not to search its own records, but heard nothing further from ICE. Gahagan also submitted a FOIA request to the Department of State for records on Weegar. State contacted Gahagan and asked for further information before it would process the request. Gahagan regarded that letter as a denial and filed an appeal. He heard nothing further concerning his appeal. Gahagan then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index