During the month of January 2021 federal district courts saw a total of 35 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 35 new filings compares with a monthly average of 62 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 739.
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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We have added 57 documents from 10 FOIA cases filed between January 31, 2021 and February 6, 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.
- Bioscience Advisors, Inc. v. United States Securities and Exchange Commission et al (filed Feb 3, 2021)
Bioscience Advisors, Inc. submitted a series of FOIA requests to the Securities and Exchange Commission for records concerning requests by companies for confidential treatment of information and the expiration date of those confidentiality claims. In 2020, the SEC began to respond to Bioscience Advisors requests by telling the company that it found no records read more…
We have added 17 decisions of a procedural or substantive nature filed between January 31, 2021 and February 6, 2021. These are associated with 17 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 3:2017cv01240 — Frost v. United States Department of Justice
- February 1, 2021: COURTS CERTIFICATION THAT APPEAL IS NOT TAKEN IN GOOD FAITH. Signed by Judge Joseph C. Spero on February 1, 2021. (jcslc1S, COURT STAFF) (Filed on 2/1/2021) 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)
We have added 66 documents from 9 FOIA cases filed between January 24, 2021 and January 30, 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.
- The New York Times Company v. Centers for Medicare and Medicaid Services (filed Jan 26, 2021)
The New York Times submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning various companies and organizations related to nursing homes. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the New York Times filed suit read more…
We have added 20 decisions of a procedural or substantive nature filed between January 24, 2021 and January 30, 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.
- CAE 1:2019cv01218 — Mertes v. Internal Revenue Service
- January 25, 2021: ORDER REGARDING MOOTNESS FOLLOWING DISCLOSURE OF DOCUMENT signed by District Judge Anthony W. Ishii on 1/25/2021. IT IS HEREBY ORDERED this case is not mooted by the production of the Form 709 without the attached Form 706. This case remains activ e and pending. Within fourteen (14) days of service of this order, the IRS shall submit a supplement, consistent with the July 24, 2020 Order (Doc. No. 26) and the Order of Clarification (Doc. No. 31), to the re-noticed summary judgment motion. Wit hin fourteen (14) days of service of the IRSs supplement, Plaintiff may file an opposition to the re-noticed summary judgment motion. Within seven (7) days of service of Plaintiff's opposition, the IRS shall file a reply. If, after receiving the parties' submissions, the Court determines that a hearing on the re-noticed summary judgment would be helpful, the Court will set a hearing date at that time. (Gonzales, V)
The Freedom of Information Act (FOIA) was passed to ensure the public’s right to know what their government was doing. Recognizing that the legal maxim that “justice delayed is justice denied,” provisions were included in the original bill to help ensure that the records requested were promptly released. Response delays still became a perennial problem, so additional provisions were added by Congress to further ensure these timeliness requirements were in fact met.
Unfortunately, to date these statutory mandates appear to have had little effect. Indeed, FOIA is becoming undermined by endless delays. Federal officials increasingly ignore these deadlines, forcing FOIA requesters to take them to court. As a result, the number of FOIA lawsuits have been rising because federal agencies were often not responding at all. Now the FOIA Project has documented that federal judges are increasingly failing to rule in a timely manner when requesters are forced to file suit to enforce FOIA requirements.
All these delays have practical consequences. Sometimes individuals require records to deal with pressing personal matters. Others seek information on immediate public policy issues. Because of these delays, for example, FOIA requesters seeking records about Trump administration policies often will not obtain them until long after President Trump has left office. And unless matters change, the same will be true for FOIA requesters seeking records about the new Biden administration’s policies.
read more…We have added 74 documents from 10 FOIA cases filed between January 17, 2021 and January 23, 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.
- BRADY CENTER TO PREVENT GUN VIOLENCE v. FEDERAL BUREAU OF INVESTIGATION (filed Jan 19, 2021)
The Brady Center for Gun Violence submitted two FOIA requests for records. The first request asked for records concerning standard operating procedures for the National Instant Criminal Background Check System. The second request asked for records concerning the impact of the pandemic on the ability to conduct background checks for gun purchases read more…
We have added 11 decisions of a procedural or substantive nature filed between January 17, 2021 and January 23, 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 3:2019cv08181 — The Center for Investigative Reporting et al v. United States Department of the Treasury
- January 22, 2021: ORDER by Chief Magistrate Judge Joseph C. Spero granting [29] Defendant's Motion for Summary Judgment and denying [32] Plaintiff's Motion for Summary Judgment. (jcslc2S, COURT STAFF) (Filed on 1/22/2021)
We have added 48 documents from 7 FOIA cases filed between January 10, 2021 and January 16, 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.
- CENTER FOR DEMOCRACY AND TECHNOLOGY v. US DEPARTMENT OF HOMELAND SECURITY et al (filed Jan 15, 2021)
The Center for Democracy and Technology submitted three FOIA requests to the Department of Homeland Security for records concerning the monitoring of social media by U.S. Customs and Border Protection and by U.S. Citizenship and Immigration Services. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, CDT filed suit read more…
We have added 11 decisions of a procedural or substantive nature filed between January 10, 2021 and January 16, 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.
- DC 1:2019cv00778 — CAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF COMMERCE
- January 14, 2021: MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on January 14, 2021. (lccjn1)
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