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Jul 12 22

FOIA Activity: 7 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 7 decisions of a procedural or substantive nature filed between May 29, 2022 and June 4, 2022. These are associated with 7 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. DC 1:2015cv01392REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS et al v. FEDERAL BUREAU OF INVESTIGATION et al

    • June 3, 2022: MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 6/3/2022. (lcrjl2)
  2. read more…

Jul 12 22

FOIA Activity: 6 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 6 decisions of a procedural or substantive nature filed between May 22, 2022 and May 28, 2022. These are associated with 6 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. CAN 4:2021cv00866Bioscience Advisors, Inc. v. United States Securities and Exchange Commission et al

    • May 24, 2022: ORDER by Judge Haywood S. Gilliam, Jr. Denying [57] Stipulation Regarding Leave to File Excess Pages. (ndr, COURT STAFF) (Filed on 5/24/2022)
  2. read more…

Jul 9 22

Hua Gong v. U.S. Department of Justice and 15 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 110 documents from 16 FOIA cases filed between May 15, 2022 and May 21, 2022. 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. Hua Gong v. U.S. Department of Justice (filed May 16, 2022)
    Hua Gong submitted a FOIA request to the Department of Justice for records concerning his removal proceeding. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gong filed suit. read more…
Jul 9 22

ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION and 7 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 64 documents from 8 FOIA cases filed between May 8, 2022 and May 14, 2022. 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. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed May 12, 2022)
    Energy Policy Advocates submitted two FOIA requests to the Securities and Exchange Commission for records concerning correspondence between four agency officials and the White House over a seven-month period. The other request was for calendar appointments for two officials. EPA also requested inclusion in the new media fee category read more…
Jul 9 22

FOIA Activity: 13 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 13 decisions of a procedural or substantive nature filed between May 15, 2022 and May 21, 2022. These are associated with 13 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. CAN 4:2021cv00866Bioscience Advisors, Inc. v. United States Securities and Exchange Commission et al

    • May 16, 2022: ORDER by Judge Haywood S. Gilliam, Jr. Granting [55] Stipulation. Motions due by 5/24/2022; Responses due by 6/22/2022; and Replies due by 7/13/2022. (ndr, COURT STAFF) (Filed on 5/16/2022)
  2. read more…

Jul 9 22

FOIA Activity: 6 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 6 decisions of a procedural or substantive nature filed between May 8, 2022 and May 14, 2022. These are associated with 6 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. CAN 4:2021cv09633The Center for Investigative Reporting et al v. Department of Homeland Security

    • May 10, 2022: ORDER (as modified) Granting [21] STIPULATION to Continue Case Management Conference. Case Management Statement due by 6/21/2022 and Initial Case Management Conference set for 6/28/2022 02:00 PM. The June 28th proceeding will be held b y AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the eq uivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before sp eaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them cl early before speaking at length. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Signed by Judge Haywood S. Gilliam, Jr. on 5/10/2022.(ndr, COURT STAFF) (Filed on 5/10/2022)
  2. read more…

Jun 14 22

May 2022 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of May 2022 federal district courts saw a total of 53 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 53 new filings compares with a monthly average of 58 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 696.

The figure below provides a more detailed view of monthly trends during the past five years. The height of each bar reflects the number of filings in that month. To see the actual filing count mouse over any bar. The superimposed line over the bars is the moving 12-month average. It is computed by adding up the 12 months ending at a given month, and then dividing that total by 12 to obtain the monthly average over this period. Mousing over any bar also shows the calculated result for this moving average for that given month.
read more…

May 23 22

The New York Times Company v. Federal Bureau of Investigation and 9 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 49 documents from 9 FOIA cases filed between May 1, 2022 and May 7, 2022. 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. The New York Times Company v. Federal Bureau of Investigation (filed May 4, 2022)
    The New York Times submitted a FOIA request to the FBI for records concerning the FBI Behavior Analysis Unit’s report that found that Havana Syndrome was a mass psychosis/functional illness. The agency acknowledged receipt of the request. The agency told the New York Times that its request would take 1,929 days to complete read more…
May 23 22

FOIA Activity: 8 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 8 decisions of a procedural or substantive nature filed between May 1, 2022 and May 7, 2022. These are associated with 8 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. NE 8:2022cv00141Petersen v. U.S. Securities and Exchange Commission

    • May 5, 2022: ORDER – The plaintiff's motion to amend complaint (filing [4] ) is granted. The plaintiff's supplemental allegations and attachments (filing 4 at 2-6) are deemed incorporated by reference into the plaintiff's complaint. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LKO)
  2. read more…

May 18 22

ELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF JUSTICE and 18 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 161 documents from 19 FOIA cases filed between April 24, 2022 and April 30, 2022. 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. ELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF JUSTICE (filed Apr 27, 2022)
    Electronic Frontier Foundation submitted a FOIA request to the Department of Justice for records concerning records identified as potentially responsive to an earlier case. EFF also requested inclusion in the news media fee category and a public interest fee waiver. The agency acknowledged receipt of the request and told EFF that its request fell in the unusual circumstances category read more…
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