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Jul 15 21

June 2021 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of June 2021 federal district courts saw a total of 55 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 55 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 703.

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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Jul 15 21

Black Veterans Project et al v. United States Department of Veterans Affairs and 6 other new FOIA lawsuits

by Harry Hammitt

We have added 41 documents from 7 FOIA cases filed between July 4, 2021 and July 10, 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. Black Veterans Project et al v. United States Department of Veterans Affairs (filed Jul 8, 2021)
    The Black Veterans Project and the National Veterans Council for Legal Redress submitted FOIA requests to the Department of Veterans Affairs for records concerning disability claims and race. The agency acknowledged receipt of the requests. The agency responded in part to the requests but after finding the agency’s response was insufficient, the Black Veterans Project filed suit read more…
Jul 15 21

FOIA Activity: 4 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 4 decisions of a procedural or substantive nature filed between July 4, 2021 and July 10, 2021. These are associated with 4 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 1:2019cv00449GOVERNMENT ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF STATE et al

    • July 7, 2021: MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that (1) Plaintiff's motion for summary judgment, Dkt. [26] , is DENIED without prejudice; (2) Defendant the Central Intelligence Agency's ("CIA") mo tion for summary judgment, Dkt. [24] , is GRANTED in part and DENIED in part, without prejudice; (3) Plaintiff and the CIA shall, on or before August 20, 2021, file a joint status report with the Court proposing a schedule for further proceedings in this matter. See document for details. Signed by Judge Randolph D. Moss on 7/7/2021. (lcrdm3)
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Jul 13 21

FOIA Activity: 54 new FOIA court documents, plus case descriptions

by Harry Hammitt

We have added 50 documents from 8 FOIA cases filed between June 27, 2021 and July 3, 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. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 28, 2021)
    The Project on Government Oversight submitted a FOIA request to the Office of the Inspector General at the Department of Justice for records concerning transcripts of interviews of Rudy Giuliani or James Kallstrom pertaining to the disclosure of non-public information in advance of the 2016 election read more…
Jul 13 21

FOIA Activity: 15 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 15 decisions of a procedural or substantive nature filed between June 27, 2021 and July 3, 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 4:2021cv00866Bioscience Advisors, Inc. v. United States Securities and Exchange Commission et al

    • June 30, 2021: ORDER by Judge Haywood S. Gilliam, Jr. Granting [34] Motion for Pro Hac Vice for Jonathan A. Collier. (ndrS, COURT STAFF) (Filed on 6/30/2021)
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Jun 30 21

CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE and 8 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 55 documents from 7 FOIA cases filed between June 20, 2021 and June 26, 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. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Jun 21, 2021)
    Citizens United submitted a FOIA request to the Department of State for records concerning emails, letters, or memos sent to or from a long list of employees. Citizens United also requested expedited processing. The agency acknowledged receipt of the request and denied Citizens United’s request for expedited processing read more…
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…
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