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Oct 15 21

September 2021 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of September 2021 federal district courts saw a total of 44 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 44 new filings compares with a monthly average of 54 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 650.

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…

Oct 14 21

AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE and 12 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 71 documents from 13 FOIA cases filed between October 3, 2021 and October 9, 2021. 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 OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Oct 8, 2021)
    American Oversight submitted four FOIA requests to the Department of Justice for records concerning communications and calendars for several senior DOJ officials at the end of the Trump administration. The agency acknowledged receipt of the requests but after hearing nothing further from the agency concerning any of its requests, American Oversight filed suit read more…
Oct 14 21

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 October 3, 2021 and October 9, 2021. 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 1:2019cv01784PITTS v. U.S. DEPARTMENT OF JUSTICE et al

    • October 5, 2021: MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 10/4/21. (psu2)
  2. read more…

Oct 8 21

National Immigrant Justice Center v. U.S. Customs and Border Protection and 10 other new FOIA lawsuits

by Harry Hammitt

We have added 80 documents from 11 FOIA cases filed between September 26, 2021 and October 2, 2021. 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. National Immigrant Justice Center v. U.S. Customs and Border Protection (filed Sep 29, 2021)
    The National Immigrant Justice Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning the implementation of Section 1325 and Section 1326 prosecutions under Operation Sunshine. The agency acknowledged receipt of the request and told NIJC that it could find no records read more…
Oct 8 21

FOIA Activity: 19 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 19 decisions of a procedural or substantive nature filed between September 26, 2021 and October 2, 2021. These are associated with 19 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 3:2019cv00290American Civil Liberties Union Foundation et al v. Department of Justice et al

    • September 30, 2021: AMENDED ORDER by Judge Edward M. Chen Granting in Part and Denying in Part [98] 108 Cross-Motions for Partial Summary Judgment. (emcsec, COURT STAFF) (Filed on 9/30/2021)
  2. read more…

Oct 4 21

FOIA Activity: 82 new FOIA court documents, plus case descriptions

by Harry Hammitt

We have added 81 documents from 13 FOIA cases filed between September 19, 2021 and September 25, 2021. 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. Martinez v. Administrative Office of the United States Courts (filed Sep 20, 2021)
    Chase Martinez requested records from the Administrative Office for U.S. Courts for records concerning his trial. This is not a FOIA claim because the judiciary is not subject to FOIA. read more…
Oct 4 21

FOIA Activity: 16 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 16 decisions of a procedural or substantive nature filed between September 19, 2021 and September 25, 2021. These are associated with 15 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 3:2019cv00290American Civil Liberties Union Foundation et al v. Department of Justice et al

    • September 22, 2021: ORDER by Judge Edward M. Chen Granting in Part and Denying in Part [98] 108 Cross-Motions for Partial Summary Judgment. (emcsec, COURT STAFF) (Filed on 9/22/2021)
  2. read more…

Sep 23 21

Public Health and Medical Professionals for Transparency v. Food and Drug Administration, plus case descriptions

by Harry Hammitt

We have added 72 documents from 11 FOIA cases filed between September 12, 2021 and September 18, 2021. 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. Public Health and Medical Professionals for Transparency v. Food and Drug Administration (filed Sep 16, 2021)
    Public Health and Medical Professionals for Transparency submitted a FOIA request to the FDA for records concerning data on the Pfizer vaccine. PHMDT also requested expedited processing. The agency acknowledged receipt of the request and denied PHMDT’s request for expedited processing. After hearing nothing further from the agency, PHMDT filed suit read more…
Sep 23 21

FOIA Activity: 27 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 27 decisions of a procedural or substantive nature filed between September 12, 2021 and September 18, 2021. These are associated with 26 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. CAS 3:2021cv01543Hart v. Facebook, Inc. et al

    • September 17, 2021: ORDER Granting [9] Joint Motion to Extend Time to Respond to Complaint. Twitter must respond to the Complaint on or before the Federal Government Defendants' deadline to respond pursuant to Federal Rule of Civil Procedure 12(a)(2), which is currently, 11/8/2021. Signed by Judge Michael M. Anello on 9/17/2021. (tcf)
    • September 17, 2021: ORDER Granting [9] Joint Motion to Extend Time to Respond to Complaint. Twitter must respond to the Complaint on or before the Federal Government Defendants' deadline to respond pursuant to Federal Rule of Civil Procedure 12(a)(2), which is currently, 11/8/2021. Signed by Judge Michael M. Anello on 9/17/2021. (tcf)
  2. read more…

Sep 22 21

BuzzFeed Inc. v. U.S. Department Of Justice and 7 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 51 documents from 7 FOIA cases filed between September 5, 2021 and September 11, 2021. 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. BuzzFeed Inc. v. U.S. Department Of Justice (filed Sep 9, 2021)
    BuzzFeed submitted a FOIA request to the Office of the Inspector General at the Department of Justice for records concerning a full copy of the investigative summary published on OIG’s website pertaining to findings of misconduct by a former DOJ executive officer for making inappropriate comments constituting sexual harassment read more…
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