CENTER FOR INVESTIGATIVE REPORTING et al v. DEPARTMENT OF STATE and 20 other new FOIA lawsuits

We have added 118 documents from 19 FOIA cases filed between June 9, 2019 and June 15, 2019. 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. CENTER FOR INVESTIGATIVE REPORTING et al v. DEPARTMENT OF STATE (filed Jun 13, 2019)
   Matthew Smith, a staff reporter at the Center for Investigative Reporting, submitted a FOIA request to the Department of State for records concerning the extent to which the U.S. has intervened on behalf of American business interests into the investigation of former Ukrainian President Yanukovych on corruption charges. CIR also requested a fee waiver. The agency acknowledged receipt of the request and granted CIR’s request for a fee waiver. However, after hearing nothing further from the agency, CIR and Smith filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Oliver B. Mitchell III v. Secretary, United States Department of Veterans Affairs et al (filed Jun 10, 2019)
   Oliver Mitchell submitted a FOIA request to the Department of Veterans Affairs for records concerning his dental care at the VA Medical Center in Los Angeles. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Mitchell filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
3. RESTORE PUBLIC TRUST v. U.S. DEPARTMENT OF TRANSPORTATION (filed Jun 10, 2019)
   Restore Public Trust submitted two FOIA requests to the Department of Transportation for records pertaining to Secretary Elaine Chao. The first FOIA request was for records of communications between DOT officials and the Foremost Group. The second FOIA request was for the costs associated with Chao’s travel expenses. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency pertaining to either request, Restore Public Trust filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. LEADER v. CENTRAL INTELLIGENCE AGENCY (filed Jun 10, 2019)
   Elizabeth Leader submitted a FOIA request to the CIA for records concerning her father, John Louis Leader, who had served with the CIA and the Office of Strategic Services. The agency acknowledged receipt of the request. Two years later, the agency denied the request. Leader filed an administrative appeal, but after hearing nothing further from the agency, Leader filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Jun 10, 2019)
   Energy Policy Advocates submitted four FOIA requests to the Department of the Interior for records concerning a certain individual who had left the agency. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, EPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. WOMBLE BOND DICKINSON (US) LLP v. FEDERAL COMMUNICATIONS COMMISSION (filed Jun 10, 2019)
   The law firm of Womble Bond Dickinson, which represents rural carriers, submitted a FOIA request to the Federal Communications Commission for records concerning a consent order and decree against T-Mobile. The agency acknowledged receipt of the request and told the law firm that T-Mobile had claimed that much of its submissions were confidential. After hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. EDDINGTON v. FEDERAL BUREAU OF INVESTIGATION et al (filed Jun 10, 2019)
   Patrick Eddington, a research fellow at the Cato Institute, submitted a FOIA request to the FBI and the National Archives and Records Administration for records pertaining to Richard Masayuki Kotoshirodo, a deceased Japanese-American. Both agencies acknowledged receipt of the requests. The FBI told Eddington that it found no records and that any FBI records would have been transferred to NARA. Eddington had also requested expedited processing from NARA. NARA denied his request for expedited processing. After hearing nothing further from either agency, Eddington filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Central Laborers' Pension Fund v. United States Army Contracting Command Rock Island Arsenal (filed Jun 10, 2019)
   The Central Laborers’ Pension Fund submitted a FOIA request to U.S. Army Contracting Command at Rock Island Arsenal for records concerning construction work performed by Williams Construction at the RI Arsenal. The agency acknowledged receipt of the request and told the Pension Fund that it was providing Williams Construction an opportunity to make confidentiality claims. After hearing nothing further from the agency, the Penson Fund filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. DEPARTMENT OF THE INTERIOR (filed Jun 11, 2019)
   Public Employees for Environmental Responsibility submitted three FOIA requests to the Department of the Interior for records concerning re-delegation orders pertaining to filling vacancies. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. GANDHI v. CENTERS FOR MEDICARE AND MEDICAID SERVICES (filed Jun 11, 2019)
    Ashvin Gandhi submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning Payroll Based Journal database data collected since 2015. The agency acknowledged receipt of the request. The agency indicated that fees would be incurred in processing the request. Gandhi then asked for a fee waiver. Gandhi had a number of contacts with CMS pertaining to the scope of his request and its potential costs. However, after hearing nothing further from the agency, Gandhi filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Edward Dean Hohner v. U.S. Department of Justice Drug Enforcement Administration et al (filed Jun 12, 2019)
    Edward Hochner submitted FOIA requests to various components of the Department of Justice for records concerning DOJ paid informant Juston Hamilton, who was identified as an informant at Hochner’s trial. The components issued Glomar responses neither confirming nor denying the existence of records. Hochner filed administrative appeals of those decisions, but after hearing nothing further from the agency, Hochner filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index
12. Aguirre v. United States Nuclear Regulatory Commission et al (filed Jun 12, 2019)
    Michael Aguirre submitted a FOIA request to the Nuclear Regulatory Commission for records concerning communications with Southern California Edison pertaining to the San Onofire nuclear waste site. The agency acknowledged receipt of the request and told Aguirre that it would need to send potentially proprietary information to SCE for its confidentiality claims. After the agency failed to respond further, Aguirre filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. American Civil Liberties Union et al v. United States Department Of Justice et al (filed Jun 12, 2019)
    The American Civil Liberties Union submitted a FOIA request to the Department of Justice for records concerning grants for gang suppression programs. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Friends of Animals v. United States Bureau of Land Management (filed Jun 13, 2019)
    Friends of Animals submitted a FOIA request to the Bureau of Land Management for records from the agency’s field offices in Oregon and Washington pertaining to the euthanization of wild horses and burros in Oregon. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Friends of Animals filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
15. Ioannides v. United States Department of Justice (filed Jun 13, 2019)
    Tim Ioannides submitted a FOIA request to the Department of Justice for records concerning a qui tam action filed against Ioannides by the agency. The agency acknowledged receipt of the request and told Ioannides that it had located 92 pages of responsive records. The agency only disclosed five pages. Ioannides filed an administrative appeal, but after hearing nothing further from the agency, Ioannides filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. JOHNSON v. UNITED STATES AIR FORCE (filed Jun 14, 2019)
    Allan Johnson submitted four FOIA requests to the Department of the Air Force for records concerning a variety of topics. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency pertaining to any of his requests, Johnson filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. UNITED STATES DEPARTMENT OF STATE (filed Jun 14, 2019)
    The Federation for American Immigration Reform submitted a FOIA request to the Department of State for records concerning nine entities that resettle refugees and forms those entities submitted to the agency. The agency acknowledged receipt of the request, but after hearing nothing further, FAIR filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
18. HELMER v. DEPARTMENT OF STATE (filed Jun 14, 2019)
    John Helmer submitted a FOIA request to the Department of State for records concerning Zelman Crown, a former Governor General of Australia who served from 1977 to 1982. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Helmer filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
19. Committee to Save the Huletts v. U.S. Army Corps of Engineers, et al. (filed Jun 14, 2019)
    The Committee to Save the Huletts submitted a FOIA request to U.S. Army Corps of Engineers for records concerning a permit granted for Cleveland Harbor. The agency acknowledged receipt of the request and told the Committee that processing its request would incur fees. After hearing nothing further from the agency, the Committee filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 4 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• SHABAZZ v. FEDERAL BUREAU OF PRISONS (filed Jun 3, 2019)
• Hunton Andrews Kurth LLP v. U.S. Food and Drug Administration (filed May 28, 2019)