32 new FOIA court documents, plus case descriptions

We have added 30 documents from 7 FOIA cases filed between January 11, 2015 and January 17, 2015. 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. Welby, Brady & Greenblatt, LLP v. United States Department of Health And Human Services et al (filed Jan 12, 2015)
   The law firm of Welby, Brady, & Greenblatt submitted a FOIA request to the Department of Health and Human Services for records concerning the enforcement of the judgment and certain meetings held as part of a class-action liability suit involving a Head Start program. Administration for Children and Families acknowledged receipt of the request, provided responsive records to parts of the request, and indicated that 24 pages would be forthcoming. After hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. Fischbarg v. Federal Communications Commission (filed Jan 12, 2015)
   Gabriel Fischbarg submitted a FOIA request to the Federal Communications Commission for records from a specific file pertaining to American Network, Inc. Fischbarg’s client, Jean-Marc O’Brien had sued American Network. The agency denied the request under Exemption 7(A) (ongoing investigation or proceeding). Fischbarg then filed suit.
   Issues: Exemption 7(A) – Interference with ongoing investigation, Litigation – Attorney’s fees, Litigation – Sanctions
3. Miller v. Logan County Corporation, et al., et al (filed Jan 12, 2015)
   Rosanna Miller filed requests with Logan County, Ohio for records showing that Probate Judge Michael Brady was properly authorized under the Constitution. Although any responsive records would only be on the state or local level, she also sued several federal agencies such as the U.S. House of Representatives and the FBI. This is not a FOIA action.
   Issues: Failure to respond within statutory time limit
4. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES FISH AND WILDLIFE SERVICE (filed Jan 14, 2015)
   PEER submitted a FOIA request to the Fish and Wildlife Service for records concerning the agency’s monitoring of the double-crested cormorant population. The agency acknowledged receipt of the request, but after hearing nothing further, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Congaree Riverkeeper Inc v. Carolina Water Service Inc (filed Jan 14, 2015)
   Congaree Riverkeeper filed suit against the Carolina Water Service under the citizen-suit provision of the Federal Water Pollution Control Act. This is not a FOIA action.
   Issues: FOIA not mentioned
6. Tuffly v. United States Department of Homeland Security (filed Jan 15, 2015)
   Edward Tuffley submitted a FOIA request to Immigration and Customs Enforcement for records concerning ICE detainees released from specific facilities in Arizona in February or March 2013 and information about their criminal histories. ICE contacted Tuffley for clarification and he responded the next day. However, after hearing nothing further from the agency, Tuffley filed suit.
7. Los Angeles Times Communications LLC et al v. United States Department of Defense (filed Jan 15, 2015)
   Los Angeles Times Reporter David Willman submitted a FOIA request to the Department of Defense Missile Defense Agency for records concerning incentives or bonuses paid to large defense contractors working on the Ground-based Midcourse Defense System between 2001 and 2014. DOD denied the request under Exemption 4 (confidential business information). Willman appealed, arguing DOD had released similar information in the past. The agency was unable to tell Willman when it would complete his appeal. He subsequently filed suit.
   Issues: Failure to respond within statutory time limit

In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Poniedzielska v. U.S. Citizenship Immigration Services (filed Jan 6, 2015)
  Marianna Poniedzielska filed a suit pro se against U.S. Citizenship and Immigration Services. Unfortunately, her complaint, which is the only explanatory document in the file at this time, is both illegible and inarticulate so that it unclear whether the case is FOIA-related or not.
  Issues: FOIA not mentioned