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May 15 21

April 2021 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of April 2021 federal district courts saw a total of 54 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 54 new filings compares with a monthly average of 60 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 717.

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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May 14 21

CENTER FOR FOOD SAFETY v. FOOD AND DRUG ADMINISTRATION and 22 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 168 documents from 23 FOIA cases filed between May 2, 2021 and May 8, 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 FOOD SAFETY v. FOOD AND DRUG ADMINISTRATION (filed May 7, 2021)
    The Center for Food Safety submitted FOIA requests to the FDA for records concerning communications between the FDA and the Department of Agriculture related to the potential transfer of regulatory power over gene-edited animals from the FDA to USDA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CFS filed suit read more…
May 14 21

FOIA Activity: 11 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 11 decisions of a procedural or substantive nature filed between May 2, 2021 and May 8, 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.

  1. CAN 4:2021cv00866Bioscience Advisors, Inc. v. United States Securities and Exchange Commission et al

    • May 5, 2021: ORDER by Judge Haywood S. Gilliam, Jr. Granting [25] Motion for Extension of Time to File Joint Case Management Statement. Joint Case Management Statement due by 5/6/2021. (ndrS, COURT STAFF) (Filed on 5/5/2021)
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May 6 21

CENTER FOR FOOD SAFETY v. NATIONAL INSTITUTES OF HEALTH and 18 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 127 documents from 16 FOIA cases filed between April 25, 2021 and May 1, 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 FOOD SAFETY v. NATIONAL INSTITUTES OF HEALTH (filed Apr 30, 2021)
    The Center for Food Safety submitted a FOIA request to the National Institute of Health for records concerning the approval of applications for contracts or grants to fund gain-of-function studies related to potential pandemic pathogens. The agency acknowledged receipt of the request and asked CFS to clarify the request read more…
May 6 21

FOIA Activity: 14 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 14 decisions of a procedural or substantive nature filed between April 25, 2021 and May 1, 2021. These are associated with 14 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. AK 3:2020cv00046Stoufer v. Federal Bureau of Investigation et al

    • April 27, 2021: ORDER granting [38] Motion for Summary Judgment. Signed by Judge Sharon L. Gleason on 4/27/21. (JLH, COURT STAFF)
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Apr 29 21

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

by Harry Hammitt

We have added 51 documents from 7 FOIA cases filed between April 18, 2021 and April 24, 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. Thomas v. United States District Court (filed Apr 19, 2021)
    William Thomas submitted a FOIA request to the United States District Court for records concerning any cases involving A. Esposito that did not include Thomas as a plaintiff. The agency acknowledged receipt of the request and told Thomas clarify the request. Thomas provided more clarifying information but after hearing nothing further, Thomas filed suit read more…
Apr 29 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 April 18, 2021 and April 24, 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 4:2020cv07126American Small Business League v. United States Office of Management and Budget et al

    • April 21, 2021: Order by Magistrate Judge Donna M. Ryu granting [21] Defendant's Motion to Sever. Plaintiff's claims against Small Business Administration are severed and shall proceed in a separate case. Case Management Statement due by 7/14/2021. Initial Case Management Conference set for 7/21/2021 at 1:30 PM. Signed on 4/21/2021. Signed on 4/21/2021.(dmrlc1S, COURT STAFF) (Filed on 4/21/2021)
  2. read more…

Apr 22 21

American Civil Liberties Union of Northern California et al v. U.S. Immigration and Customs Enforcement et al

by Harry Hammitt

We have added 125 documents from 14 FOIA cases filed between April 11, 2021 and April 17, 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 Civil Liberties Union of Northern California et al v. U.S. Immigration and Customs Enforcement et al (filed Apr 13, 2021)
    The ACLU of Northern California, Muente Support Committee, Just Futures Law, and the Immigrant Defense Project submitted FOIA requests to the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection for records concerning the agency’s contract with Clearview AI to use its facial recognition software read more…
Apr 22 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 April 11, 2021 and April 17, 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. NYS 1:2019cv03112American Society for the Prevention of Cruelty to Animals v. The Animal and Plant Health Inspection Service et al

    • April 16, 2021: ORDER: NOW, THEREFORE, it is hereby ORDERED that if no notice of appeal is filed within 60 days of the date of this Order, the agencies shall produce the Records within 65 days of the date of this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/16/2021) (mml)
  2. read more…

Apr 16 21

CONNELL v. CENTRAL INTELLIGENCE AGENCY and 12 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 70 documents from 10 FOIA cases filed between April 4, 2021 and April 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. CONNELL v. CENTRAL INTELLIGENCE AGENCY (filed Apr 7, 2021)
    James Connell, a defense attorney, submitted a FOIA request to the CIA for records concerning the detention of Ammar al Baluchi at CIA-run sites from 2003-2007. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Connell filed suit. read more…
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