ZORN v. UNITED STATES HEALTH & HUMAN SERVICES and 9 other new FOIA lawsuits, plus case descriptions

We have added 68 documents from 10 FOIA cases filed between September 24, 2023 and September 30, 2023. 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. ZORN v. UNITED STATES HEALTH & HUMAN SERVICES (filed Sep 29, 2023)
   Matthew Zorn submitted a FOIA request to the Department of Health and Human Services for records concerning a letter on marijuana scheduling for Secretary Xavier Becerra that was seen by Bloomberg News. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Zorn filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Glancy Prongay and Murray LLP v. Federal Aviation Administration (filed Sep 28, 2023)
   The law firm of Glancy Prongay & Murray submitted two FOIA requests to the Federal Aviation Administration for records. The agency acknowledged the first request. The agency denied the request. The law firm filed an administrative appeal. The law firm filed a second request. The agency acknowledged receipt of the second request but after hearing nothing further from the agency concerning either request, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Hammers v. Internal Revenue Service (filed Sep 25, 2023)
   Thomas Hammers submitted a FOIA request to the IRS for records concerning administrative and investigative materials in his 2016 through 2023 federal excise taxes. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hammers filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. DEPARTMENT OF HOMELAND SECURITY (filed Sep 26, 2023)
   Judicial Watch submitted a FOIA request to the Secret Service for records concerning the possible provision of protection for Robert F. Kennedy Jr while he is a candidate for President. The agency acknowledged receipt of the request. Judicial Watch also submitted a FOIA request to the Department of Homeland Security for records about protection for Kennedy. The agency acknowledged receipt of the request but after hearing nothing further from the agencies, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. Friedman Rubin PLLP v. United States of America et al (filed Sep 26, 2023)
   Michael White, on behalf of the law firm of Friedman Rubin PLLP, submitted a FOIA request to the Department of Navy for records concerning contracts between the Navy and Oceaneering International for use of the vessel R/V Petrol. The agency acknowledged receipt of the request but after hearing nothing further from the agency, White filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. HERITAGE FOUNDATION et al v. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 28, 2023)
   The Heritage Foundation submitted FOIA requests to the FBI, the Department of Justice, the Department of Homeland Security, the Department of Health and Human Services, and the Department of Education for records concerning Moms for Liberty and the email domain @splecenter.org. The Heritage Foundation also requested a fee waiver and expedited processing. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the Heritage Foundation filed sui.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Sep 28, 2023)
   Federation for American Immigration Reform submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning emails to or from Kerry Doyle mentioning deportation. FAIR also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, FAIR filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. VANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION (filed Sep 28, 2023)
   Vanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning discipline reviews prepared by the agency during its evaluation of Cephalon’s jet-lag sNDA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceuticals filed suit.
   Issues: Adequacy – Search, attorney’s fees, Failure to respond within statutory time limit
9. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF LAND MANAGEMENT (filed Sep 28, 2023)
   Professional Employees for Environmental Responsibility submitted a FOIA request to the Bureau of Land Management for records from the Pecoes District Office concerning the Lesser Prairie-Chicken timing stipulations. PEER also requested a fee waiver. The agency acknowledged receipt of the request and granted PEER’s request for a fee waiver. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. BARTH v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Sep 28, 2023)
    John Barth submitted a FOIA request to the Department of Justice for records concerning criminal allegations about a political party. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Barth filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees