FOIA Activity: 35 new FOIA court documents, plus case descriptions

We have added 34 documents from 6 FOIA cases filed between December 23, 2018 and December 29, 2018. 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. FRONT RANGE EQUINE RESCUE v. UNITED STATES DEPARTMENT OF THE INTERIOR et al (filed Dec 27, 2018)
   Front Range Equine Rescue submitted a FOIA request to the Bureau of Land Management for records concerning communications between the agency and the U.S. Geological Survey pertaining to research on wild horses. FRER also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, FRER filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. THE JAMES MADISON PROJECT et al v. CENTRAL INTELLIGENCE AGENCY (filed Dec 27, 2018)
   The James Madison Project and journalist Jefferson Morley submitted a FOIA request to the CIA for records concerning the relationship between the CIA and George Bush before he became CIA Director. JMP and Morley also requested expedited processing. After hearing nothing further from the agency, JMP and Morley filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. DBW PARTNERS, LLC v. UNITED STATES POSTAL SERVICE et al (filed Dec 28, 2018)
   DBW Partners, which operates Capital Forum, a subscription news service, submitted a FOIA request to the U.S Postal Service for records concerning an ethics investigation into the propriety of an interview given by then Chief Customer and Marketing Officer James Cochrane to Stamps.com. The agency acknowledged receipt of the request but denied it on the basis of Exemption 6 (invasion of privacy). DBW Partners filed an administrative appeal, but the agency upheld its original decision. Capital Forum also submitted a FOIA request to the OIG’s office for a report concerning the role of middlemen and discounts in the USPS package business. The agency acknowledged receipt of that request, but denied it under Exemption 3 (other statutes). Capital Forum filed an administrative appeal, which was denied. DBW Partners then filed suit.
   Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
4. Office of the Fulton County District Attorney v. United States Department of Justice (filed Dec 27, 2018)
   The Office of the Fulton County District Attorney submitted two FOIA requests to the Department of Justice for records concerning the U.S. Marshals Service Southeast Regional Task Force Standard Operating Procedures or Directives. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Fulton County District Attorney filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Scott v. Internal Revenue Service (filed Dec 26, 2018)
   James Scott submitted a FOIA request to the IRS for records concerning a specific private letter ruling. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Scott filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Szafranski v. Cleveland Division of Police (filed Dec 26, 2018)
   David Szafranski submitted a request to the Cleveland Division of Police. The police denied his request as too broad. Szrafranski then filed suit. This is not a FOIA claim.
   Issues: FOIA not mentioned

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

• Waterkeeper v. Corps of Engineers (filed Dec 20, 2018)