GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

We have added 57 documents from 11 FOIA cases filed between November 5, 2017 and November 11, 2017. 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. GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Nov 9, 2017)
   The Giffords Law Center to Prevent Gun Violence submitted two FOIA requests to the Bureau of Alcohol, Tobacco and Firearms for records concerning the extent to which the Washington gun lobby has tried to influence the way in which the agency carries out its statutory duties. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency, the Giffords Law Center to Prevent Gun Violence filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. FINKELSTEIN v. FOOD AND DRUG ADMINISTRATION (filed Nov 6, 2017)
   Barbara Finkelstein, a contributing editor to Fortune Magazine, submitted a FOIA request to the FDA for records concerning meetings scheduled or attended by Thomas Cosgrove, Acting Director of the Center for Drug Evaluation’s Office of Compliance, in February and March 2016. The agency acknowledged receipt of the request. After attempting to ascertain the status of her request, the FDA told Finkelstein that her request was 295 out of 587 requests in the queue and that it would take 12-18 months to respond to her request. Finkelstein then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Natural Resources Defense Council, Inc. v. U.S. Consumer Product Safety Commission (filed Nov 6, 2017)
   The Natural Resources Defense Council submitted a FOIA request to the Consumer Product Safety Commission for records concerning an essay posted by Commissioner Joseph Mohorovic criticizing the agency’s proposed regulation on phthalates. The agency acknowledged receipt of the request. It later provided a partial response. But after hearing nothing further from the agency, the NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed Nov 7, 2017)
   The Wild Horse Freedom Federation submitted a FOIA request to the Bureau of Land Management for records concerning the two most recent agreements between the agency and the Mustang Heritage Foundation. The agency acknowledged receipt of the request. The agency subsequently contacted the Federation and assigned a new tracking number to its request. However, after hearing nothing further from the agency, the Wild Horse Freedom Federation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Khan v. National Security Agency et al (filed Nov 7, 2017)
   Mohammed Waqas Khan submitted a FOIA request to the National Security Agency for records concerning himself. The agency issued a Glomar response neither confirming nor denying the existence of records. Khan also submitted a FOIA request to the FBI for records concerning himself. The agency denied his request under Exemption 7(A) (interference with ongoing investigation or proceeding). Khan then filed suit against both agencies.
   Issues: Determination – Glomar response, Exemption 7(A) – Interference with ongoing investigation
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Nov 8, 2017)
   Judicial Watch submitted a FOIA request to the Department of Justice for records of communications sent to or from the Office of the Attorney General and Deputy Attorney General pertaining to an immigration parole for Russian national Natalia Veselnitskaya. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. PROTECT DEMOCRACY PROJECT, INC. v. DEPARTMENT OF JUSTICE (filed Nov 9, 2017)
   The Protect Democracy Project submitted a FOIA request to the Department of Justice for records concerning communications pertaining to the AT&T-Time Warner merger and any attempt to force Jeffrey Zucker, the head of CNN, to resign. The agency acknowledged receipt of the request and suggested that the Protect Democracy Project narrow the scope of its request. After hearing nothing further from the agency, the Protect Democracy Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
8. CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF COMMERCE et al (filed Nov 9, 2017)
   The Center for Public Integrity submitted a FOIA request to the Department of Commerce for records concerning communications between David Maggi, chief of the ethics law and program division, and Secretary of Commerce Wilbur Ross. The agency acknowledged receipt of the request. The agency disclosed 11 pages and withheld 433 documents. The Center for Public Integrity filed an administrative appeal of the denial. The agency acknowledged receipt of the appeal. The Center for Public Integrity also submitted two FOIA requests to the Office of Government Ethics. The first FOIA request asked for records concerning possible conflicts of interest pertaining to Secretary Ross. The second FOIA request asked for records concerning Todd Ricketts. The Center for Public Integrity requested expedited processing for both requests, which was granted by the Office of Government Ethics. However, after hearing nothing further from either agency, the Center for Public Integrity filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CENTER FOR PUBLIC INTEGRITY v. U.S. CUSTOMS AND BORDER PROTECTION (filed Nov 9, 2017)
   The Center for Public Integrity filed a FOIA request with U.S. Customs and Border Protection for records concerning civil claims filed against the agency that alleged constitutional violations. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Public Integrity filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Durham v. Shulkin et al (filed Nov 9, 2017)
    Paul Durham submitted a FOIA request to the Department of Veterans Affairs for records concerning his claims file. After the agency failed to respond, Durham filed an administrative appeal. After the agency still failed to respond, Durham filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Brown v. U.S. Department of Health and Human Services (filed Nov 10, 2017)
    Nathaniel Brown, an attorney, submitted a FOIA request to the Department of Health and Human Services concerning three investigations conducted by the Center for Medicare and Medicaid Services pertaining to nursing homes. The agency acknowledged receipt of his request, but after hearing nothing further from the agency, Brown filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• v. U. S. Department of Agriculture, Agricultural Research Service et al (filed Nov 3, 2017)
• Morgan v. Berryhill (filed Nov 1, 2017)