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Jun 30 21

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 June 20, 2021 and June 26, 2021. 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. AZ 2:2020cv01277Informed Consent Action Network v. National Institutes of Health

    • June 24, 2021: ORDER – IT IS ORDERED granting in part and denying in part NIH's Motion for Summary Judgment (Doc. [18] ). NIH is entitled to summary judgment regarding ICAN's claim regarding the adequacy of its search. IT IS FURTHER ORDERED granting in part and denying in part ICAN's Cross-Motion for Summary Judgment (Doc. [21] ). ICAN is entitled to summary judgment regarding the redactions pursuant to Exemption 6. IT IS FURTHER ORDERED that NIH shall remove the redactions at issue and produce the Safety Report to ICAN within three weeks of this Court's Order. IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly and close this matter. Signed by Judge John J Tuchi on 6/24/21. (SMH)
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Jun 30 21

BUZZFEED, INC. v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al and 7 other new FOIA lawsuits

by Harry Hammitt

We have added 40 documents from 6 FOIA cases filed between June 13, 2021 and June 19, 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. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Jun 18, 2021)
    BuzzFeed submitted a FOIA request to the Centers for Disease Control for records concerning communications between CDC director Robert Redfield and Department of Health and Human Service public affairs chief Michael Caputo and his scientific advisor Paul Alexander. The agency acknowledged receipt of the request read more…
Jun 30 21

FOIA Activity: 1 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 1 decision of a procedural or substantive nature filed between June 13, 2021 and June 19, 2021. These are associated with 1 FOIA case 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 the case title below to view other details for that case, including links to the docket report and complaint.

  • TXN 3:2020cv01789Powell v. US Department of State

    • June 14, 2021: ORDER: After due consideration and having conducted a de novo review, the Court finds that Plaintiff's objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge's findings and conclusio ns and finds no error. It is ORDERED that the Findings, Conclusions, and Recommendation are ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the Court ORDERS that Defendant's [17] Motion to Dismiss be GRANTED pursuant to Federal Rule of Civil Procedure 12(b)( l) and Plaintiff's First Amended Complaint be DISMISSED without prejudice. (Ordered by Senior Judge Sam R Cummings on 6/14/2021) (twd)
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Jun 16 21

FOIA Activity: 95 new FOIA court documents, plus case descriptions

by Harry Hammitt

We have added 88 documents from 13 FOIA cases filed between June 6, 2021 and June 12, 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. Tahirih Justice Center v. United States Citizenship and Immigration Services et al (filed Jun 9, 2021)
    The Tahirih Justice Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s decision to give priority to the most recently filed affirmative asylum applications when scheduling asylum interviews. The agency acknowledged receipt of the request but after hearing nothing from the agency, the Tahirih Justice Center filed suit read more…
Jun 16 21

FOIA Activity: 10 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 10 decisions of a procedural or substantive nature filed between June 6, 2021 and June 12, 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.

  1. CAN 4:2020cv04015Marc Cohodes v. United States Department of Justice

    • June 10, 2021: ORDER by Judge Saundra Brown Armstrong. Granting [37] Stipulation CONTINUING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 7/29/2021 02:30 PM in Oakland, – Telephonic Only. (ndrS, COURT STAFF) (Filed on 6/10/2021)
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Jun 15 21

May 2021 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of May 2021 federal district courts saw a total of 63 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 63 new filings compares with a monthly average of 59 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 710.

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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Jun 10 21

JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and 13 other new FOIA lawsuits

by Harry Hammitt

We have added 103 documents from 14 FOIA cases filed between May 30, 2021 and June 5, 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. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jun 3, 2021)
    Judicial Watch submitted a FOIA request to the Centers for Disease Control for records concerning guidance provided to the Office of Refugee Resettlement pertaining to testing of undocumented migrants for COVID-19. The agency acknowledged receipt of the request and invoked a 10-day extension in which to respond read more…
Jun 10 21

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 May 30, 2021 and June 5, 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.

  1. CAN 3:2019cv08181The Center for Investigative Reporting et al v. United States Department of the Treasury

    • June 3, 2021: ORDER striking [44] 45 [46] Received Documents, and instructing the Clerk not to accept future filings by Duane Berry purporting to represent the Treasury. Signed by Chief Magistrate Judge Joseph C. Spero on June 3, 2021. (jcslc2S, COURT STAFF) (Filed on 6/3/2021) Modified on 6/3/2021 (klhS, COURT STAFF). Non-Party Duane Berry was served with a copy of this Order by First Class Mail on 6/3/2021.
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Jun 9 21

CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT and 15 other new FOIA lawsuits

by Harry Hammitt

We have added 94 documents from 15 FOIA cases filed between May 23, 2021 and May 29, 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. CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed May 26, 2021)
    The Center for Immigration Studies submitted a FOIA request for records concerning each alien removed by ICE from FY 19 to FY 21. After hearing nothing further from the agency, the Center for Immigration Studies filed suit. read more…
Jun 9 21

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 23, 2021 and May 29, 2021. 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. CAS 3:2021cv00640Buckovetz et al v. The Department of the Navy

    • May 27, 2021: ORDER Granting [4] Joint Motion for Extension of Time. Defendant the Department of the Navy must file any response to Plaintiffs complaint on or before June 21, 2021. Signed by Judge Marilyn L. Huff on 5/27/2021. (mme)
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