We have added 86 documents from 14 FOIA cases filed between November 4, 2018 and November 10, 2018. 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.
- BUZZFEED, INC. et al v. FEDERAL BUREAU OF INVESTIGATION (filed Nov 7, 2018)
BuzzFeed reporter Jason Leopold submitted a FOIA request to the FBI for records concerning the final report and investigation of allegations against Supreme Court nominee Brett Kavanaugh. Leopold also requested expedited processing. The agency acknowledged receipt of the request and granted Leopold’s request for expedited processing read more…
We have added 6 decisions of a procedural or substantive nature filed between November 4, 2018 and November 10, 2018. 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.
- CAN 4:2018cv00044 — The Center for Investigative Reporting (CIR) v. Department of Homeland Security
- November 6, 2018: STIPULATION AND ORDER AS MOFIFIED re [27] STIPULATION WITH PROPOSED ORDER Re Case Management Conference filed by The Center for Investigative Reporting, United States Department of Homeland Security. ***Deadlines terminated. [27] STIPULATION WITH PROPOSED ORDER Re Case Management Conference filed by The Center for Investigative Reporting, United States Department of Homeland Security. Case Management Statement due by 12/31/2018. Further Case Management Conference set for 1/22/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 11/6/18. (sisS, COURT STAFF) (Filed on 11/6/2018)
Freedom of Information Act (FOIA) lawsuits continued to break record highs in FY 2018. According to case-by-case court records, 860 FOIA lawsuits were filed in FY 2018 against government agencies. In addition, the backlog of FOIA suits waiting to be decided rose to 1,204 cases, an all-time high.
Figure 1. FOIA Litigation Reaches Record Highs in FY 2018
Compared to an average of 402 FOIA suits per year during the Obama Administration, the rate of filing since President Trump assumed office has more than doubled. While suits rose during the latter years of the Obama Administration, the 860 suits filed in FY 2018, represent a 67 percent increase over filings during the last full fiscal year of the Obama Administration.
Although not the only factor, a notable pattern emerging during FY 2017 and 2018 is the rising number of nonprofit filers. In FY 2018, nonprofits comprised 56 percent of all FOIA lawsuits brought against the government. Nonprofits became increasingly active under the Obama Administration, but emerged as the majority of all FOIA lawsuit plaintiffs after President Trump took office. In FY 2016, nonprofit filers comprised just 36 percent of plaintiffs, whereas they comprised 50 percent or more in FY 2017 and FY 2018 (see previous report, “FOIA Suits Filed by Nonprofit/Advocacy Groups Have Doubled Under Trump”). Suits filed by reporters and news organizations also have been increasing.
FY 2018 FOIA Lawsuits App
Accompanying this report, FOIAproject.org has just updated the period covered by the project’s FOIA Lawsuits App. This free user tool allows the public to drill into these numbers to track FOIA litigation trends over time.
Available are trends not only on new suits filed, but also on how long suits have taken to complete. The backlog of FOIA cases currently pending before federal district courts is also detailed, along with how long cases have been waiting resolution.
Users can examine overall figures, or drill in by government department, by agencies within departments, and by independent agencies.
MARKS v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al and 11 other new FOIA lawsuits
We have added 70 documents from 12 FOIA cases filed between October 28, 2018 and November 3, 2018. 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.
- MARKS v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al (filed Nov 2, 2018)
David Marks, an attorney who represents nursing home residents, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning non-identifying minimum data sets submitted by nursing homes for individual residents. The agency acknowledged receipt of the request but told Marks that the data was publicly available for a fee from the Research Data Assistance Center read more…
MARKS v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al and 11 other new FOIA lawsuits
We have added 70 documents from 12 FOIA cases filed between October 28, 2018 and November 3, 2018. 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.
- MARKS v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al (filed Nov 2, 2018)
David Marks, an attorney who represents nursing home residents, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning non-identifying minimum data sets submitted by nursing homes for individual residents. The agency acknowledged receipt of the request but told Marks that the data was publicly available for a fee from the Research Data Assistance Center read more…
We have added 7 decisions of a procedural or substantive nature filed between October 28, 2018 and November 3, 2018. 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.
- CAN 3:2015cv03186 — Electronic Frontier Foundation v. Department of Justice
- November 2, 2018: ORDER DISMISSING CASE PURSUANT TO STIPULATION RE: ECF NO. [59] Signed by Judge Thomas S. Hixson on 11/2/2018. (cdnS, COURT STAFF) (Filed on 11/2/2018)
We have added 100 documents from 16 FOIA cases filed between October 21, 2018 and October 27, 2018. 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 Complete Logistics Company, Inc. v. Internal Revenue Service (filed Oct 26, 2018)
The Complete Logistics Company submitted three FOIA requests to the IRS for records concerning the agency’s investigation of the company. The agency acknowledged receipt of the requests. It disclosed 304 pages in response to the company’s first request. Its second and third requests were for an Activity Record read more…
We have added 7 decisions of a procedural or substantive nature filed between October 21, 2018 and October 27, 2018. 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.
- CAN 3:2018cv03731 — Chetal v. U.S. Department of Interior et al
- October 22, 2018: ORDER by Judge Edward M. Chen Denying [19] Plaintiff's Motion to Expedite Discovery. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 10/22/2018)
CAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF JUSTICE and 15 other new FOIA lawsuits
We have added 109 documents from 16 FOIA cases filed between October 14, 2018 and October 20, 2018. 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.
- CAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF JUSTICE (filed Oct 15, 2018)
Cause of Action Institute submitted a FOIA request to the Department of Justice for records concerning Executive Order 13,457. The agency acknowledged receipt of the request and various components provided records. The Office of Information Policy located 143 pages. It disclosed 32 pages entirely and 11 pages with redactions labeled “non-responsive read more…
We have added 3 decisions of a procedural or substantive nature filed between October 14, 2018 and October 20, 2018. These are associated with 3 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 3:2018cv02008 — The Center for Investigative Reporting (CIR), et al v. U.S. Department of Labor
- October 17, 2018: ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 12/7/2018 02:00 PM.. Signed by Chief Magistrate Judge Joseph C. Spero on 10/17/18. (klhS, COURT STAFF) (Filed on 10/17/2018)
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