During the month of July 2021 federal district courts saw a total of 60 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 60 new filings compares with a monthly average of 57 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 688.
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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WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF JUSTICE and 11 other new FOIA lawsuits
We have added 87 documents from 12 FOIA cases filed between August 15, 2021 and August 21, 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.
- WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 19, 2021)
White Coat Waste Project submitted a FOIA request to the Drug Enforcement Administration for records concerning the contract and statement of work of Institutional Animal Care and Use Committee approved protocols. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WCWP filed suit read more…
We have added 9 decisions of a procedural or substantive nature filed between August 15, 2021 and August 21, 2021. 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.
- CAN 3:2006cv00185 — Pickard v. Department of Justice
- August 19, 2021: ORDER, Report and Recommendation by Magistrate Judge N Cousins denying [357] Motion to Compel Production of Documents, with Recommendation to Dismiss Case. (Cousins, Nathanael) (Filed on 8/19/2021) <hr><center>Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)</center>
We have added 105 documents from 18 FOIA cases filed between August 8, 2021 and August 14, 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.
- TRANSGENDER LAW CENTER et al v. UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT (filed Aug 12, 2021)
The Transgender Law Center and Rapid Defense Network submitted FOIA request to U.S. Immigration and Customs Enforcement for records concerning mental and physical policies for transgendered individuals as well as the treatment of transgender individuals who had been detained by ICE. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Transgender Law Center and Rapid Defense Network filed suit read more…
We have added 8 decisions of a procedural or substantive nature filed between August 8, 2021 and August 14, 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.
- ID 1:2021cv00219 — Western Watersheds Project v. National Park Service
- August 11, 2021: MEMORANDUM DECISION AND ORDER. The Joint Motion to Expedite Consideration of Defendants Request to Stay all Deadlines (Dkt. [10] ) is GRANTED; The Request for a stay all deadlines, particularly to file an Answer, is DENIED; NPS shall file an answer or other responsive pleading on or before August 31, 2021. Signed by Judge David C. Nye. (alw)
TRAC has seen significant growth in its FOIA Brief Bank by building relationships with FOIA attorneys across the country and ensuring these attorneys have a trusted outlet for their work. Since June of 2021, TRAC’s summer legal interns have uploaded 984 documents to the FOIA Project’s Brief Bank, contributed by 19 litigators across 27 different cases. These documents include substantive briefs, motions, and testimony related to FOIA cases that allow FOIA requesters and FOIA litigators to better understand the FOIA process and prepare for litigation when necessary. These documents are also valuable for journalists, researchers, and members of the public who are concerned about government transparency and accountability.
read more…We have added 63 documents from 11 FOIA cases filed between August 1, 2021 and August 7, 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.
- TAHIR v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Aug 5, 2021)
Raymond Tahir, a former FBI employee, submitted a FOIA request to the Department of Justice for records concerning annual performance appraisals he received when working at the FBI. The agency acknowledged receipt of the request and told Tahir that it was processing his request. However, after hearing nothing further from the agency, Tahir filed suit read more…
We have added 10 decisions of a procedural or substantive nature filed between August 1, 2021 and August 7, 2021. These are associated with 10 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.
- CAN 3:2020cv08718 — Center for Food Safety v. Department of the Interior
- August 3, 2021: ORDER (AS MODIFIED) granting [22] Stipulation to extend the time for the Defendant to file an answer to Complaint to 9/3/2021 and to continue the Initial Case Management Conference. Joint Case Management Conference Statement is due by 10/13/2021. Initial Case Management Conference continued to 10/20/2021 01:30 PM in Oakland, – Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/dmr General Order 58. 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. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motions terminated: [22] Stipulation with proposed Order. Signed by Judge Magistrate Judge Donna M. Ryu on 8/3/2021. (ig, COURT STAFF) (Filed on 8/3/2021)
ELECTRONIC FRONTIER FOUNDATION v. UNITED STATES POSTAL SERVICE and 14 other new FOIA lawsuits
We have added 81 documents from 15 FOIA cases filed between July 25, 2021 and July 31, 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.
- ELECTRONIC FRONTIER FOUNDATION v. UNITED STATES POSTAL SERVICE (filed Jul 27, 2021)
The Electronic Frontier Foundation submitted a FOIA request to U.S. Postal Service for records concerning the creation or operation of iCop and/or related social media monitoring or social media surveillance programs. EFF also requested a fee waiver. The agency acknowledged receipt of the request and granted EFF news media fee status read more…
We have added 12 decisions of a procedural or substantive nature filed between July 25, 2021 and July 31, 2021. These are associated with 11 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.
- CAN 4:2018cv05772 — National Public Radio, Inc. et al v. United States Department of Veterans Affairs
- July 28, 2021: ORDER DISMISSING CASE. Signed by Magistrate Judge Donna M. Ryu on 7/28/2021. ***Civil Case Terminated. (dmrlc1S, COURT STAFF) (Filed on 7/28/2021)