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Mar 16 22

FOIA Activity: 5 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 5 decisions of a procedural or substantive nature filed between February 20, 2022 and February 26, 2022. These are associated with 5 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

    • February 22, 2022: ORDER by Judge Haywood S. Gilliam, Jr. Granting [40] STIPULATION REQUESTING EXTENSION OF TIME TO FILE JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/8/2022. Initial C ase Management Conference set for 3/15/2022 02:00 PM in Oakland, – To be determined. Given the ongoing COVID-19 pandemic, the parties will be advised closer to the hearing whether it will take place telephonically or in person (bns, COURT STAFF) (Filed on 2/22/2022)
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Mar 14 22

February 2022 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of February 2022 federal district courts saw a total of 67 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 67 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 700.

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.
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Feb 28 22

AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SAN DIEGO & IMPERIAL COUNTIES et al v. UNITED STATES MARSHALS SERVICE

by Harry Hammitt

We have added 96 documents from 12 FOIA cases filed between February 13, 2022 and February 19, 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. AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SAN DIEGO & IMPERIAL COUNTIES et al v. UNITED STATES MARSHALS SERVICE (filed Feb 14, 2022)
    The ACLU of San Diego and Imperial Counties and the ACLU of Southern California submitted two FOIA requests to U.S. Marshals Service for records concerning the extension of a contract with GEO to continue to operate the Western Region Detention Facility in San Diego. The ACLU also requested expedited processing read more…
Feb 28 22

FOIA Activity: 3 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 3 decisions of a procedural or substantive nature filed between February 13, 2022 and February 19, 2022. These are associated with 3 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. CAE 2:2019cv02429(PS) Graham v. U.S. Dept. of Homeland Security et al

    • February 18, 2022: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 2/17/2022 RECOMMENDING that the [27] Motion to Dismiss be Denied. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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Feb 21 22

JAMES MADISON PROJECT et al v. CENTRAL INTELLIGENCE AGENCY and 9 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 49 documents from 7 FOIA cases filed between February 6, 2022 and February 12, 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. JAMES MADISON PROJECT et al v. CENTRAL INTELLIGENCE AGENCY (filed Feb 7, 2022)
    The James Madison Project and journalist Brian Karem submitted a FOIA request to the CIA for records concerning an assessment issued by the Office of the Director of National Intelligence pertaining to the Unidentified Health Incidents that have been diagnosed in embassy personnel in various countries such as Cuba read more…
Feb 21 22

FOIA Activity: 9 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 9 decisions of a procedural or substantive nature filed between February 6, 2022 and February 12, 2022. These are associated with 9 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. CAC 2:2020cv08011Harold Pick v. Motorola Solutions, Inc. et al

    • February 10, 2022: MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF No. [14] ] by Judge John W. Holcomb: The parties are DIRECTED to appear at a Status Conference on the fourth Frid ay of every month, starting with a video Status Conference on Friday, March 25, 2022, at 11:00 a.m. The parties' counsel are DIRECTED to meet and confer no later than January 6, 2023. Defendants are DIRECTED to set their anticipated motion for reconsideration for hearing at 9:00 a.m. on March 24, 2023. The video Status Conference set for February 25, 2022, at 11:00 a.m. is VACATED. IT IS SO ORDERED. (See document for further details) (yl)
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Feb 21 22

The New York Times Company v. United States Department of State and 26 other new FOIA lawsuits

by Harry Hammitt

We have added 150 documents from 25 FOIA cases filed between January 30, 2022 and February 5, 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. United States Department of State (filed Jan 31, 2022)
    The New York Times submitted two FOIA requests to the Department of State for records concerning correspondence sent or received between August 1, 2015 and December 14, 2019 by a specific list of U.S. Embassy Officials in the U.S. Embassy in Romania that mentioned any of a specific list of keywords. The agency acknowledged receipt of the request read more…
Feb 21 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 January 30, 2022 and February 5, 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. DC 1:2018cv01249WOODWARD v. UNITED STATES DEPARTMENT OF JUSTICE et al

    • February 1, 2022: MEMORANDUM OPINION: GRANTING IN PART AND DENYING IN PART [40] Defendant's Renewed Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART [43] Plaintiff's Renewed Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 02/01/2022. (lcrc2)
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Feb 14 22

January 2022 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of January 2022 federal district courts saw a total of 59 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 59 new filings compares with a monthly average of 55 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 662.

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…

Feb 3 22

Advocates for Basic Legal Equality, Inc. et al v. U.S. Customs and Border Protection and 10 other new FOIA lawsuits

by Harry Hammitt

We have added 62 documents from 10 FOIA cases filed between January 23, 2022 and January 29, 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. Advocates for Basic Legal Equality, Inc. et al v. U.S. Customs and Border Protection (filed Jan 28, 2022)
    Advocates for Basic Legal Equality and the American Immigration Council submitted three FOIA requests to U.S. Customs and Border Protection for records concerning policies and communications pertaining to the Sandusky Bay Station Border Patrol Station in Port Clinton, Ohio. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, ABLE filed suit read more…
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