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Jun 30 17

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 18, 2017 and June 24, 2017. 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. CAN 3:2016cv05884Facebook, Inc. and Subsidiaries v. Internal Revenue Service

    • June 19, 2017: ORDER by Judge Laurel Beeler granting [38] Motion for Partial Summary Judgment; denying [28] Motion to Compel. The court grants the IRS's motion for partial summary judgment and dismisses without prejudice Facebook's claim for docum ents in electronic, native-file format with metadata. The court denies Facebook's motion to compel. The court also encourages, but does not require, the IRS to produce the documents discussed at the June 15 hearing and described in the attached order. (lblc1S, COURT STAFF) (Filed on 6/19/2017)
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Jun 30 17

FOIA Activity: 184 new FOIA court documents

by Harry Hammitt

We have added 175 documents from 33 FOIA cases filed between June 11, 2017 and June 17, 2017. 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. Reyes v. Bureau of Indian Affairs Pacific Regional Office (filed Jun 13, 2017)
    Emilio Reyes submitted a FOIA request to the Bureau of Indian Affairs, Pacific Regional Office for records concerning two 1928 California Indian blanket applications. The agency disclosed 178 documents in part and withheld 95 documents entirely. Reyes then filed suit. read more…
Jun 30 17

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 June 11, 2017 and June 17, 2017. 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. AZ 2:2016cv02777Barkley v. United States Department of Labor, Office of Labor Management Standards et al

    • June 12, 2017: ORDER granting [34] Defendant's Motion for Summary Judgment. The Clerk shall enter judgment and terminate this action with prejudice. Signed by Magistrate Judge David K Duncan on 6/9/17.(DXD)
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Jun 19 17

FOIA Wait Times Up 31 Percent at Department of the Navy

by FOIA Project Staff

The latest request-by-request data from the Department of the Navy shows that as
of the end of December the average number of days unanswered FOIA requests
have been waiting has been climbing, along with the pending backlog. Over the
previous 12 months, FOIA pending cases have risen by 15 percent, while pending
wait times have grown by 31 percent.

As of the end of December, there were 3,341 FOIA requests pending at the
Department of the Navy. This is up from 3,070 three months earlier, and 2,899 at
the end of December 2015.

These unanswered FOIA requests had been waiting an average 432 calendar days
without any response, up from an average wait of 329 days 12 months earlier. See
Figure 1.

requests_changeFigure 1. Backlog of Unanswered Navy FOIA Requests
Jun 15 17

LONG et al v. IMMIGRATION AND CUSTOMS ENFORCEMENT and 8 other new FOIA lawsuits

by Harry Hammitt

We have added 49 documents from 9 FOIA cases filed between June 4, 2017 and June 10, 2017. 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. LONG et al v. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jun 8, 2017)
    Susan Long and David Burnham, co-directors of the Transactional Records Access Clearinghouse, submitted monthly FOIA requests to U.S. Immigration and Customs Enforcement for anonymous case-by-case information about individuals deported by ICE as a result of its Secure Communities or successor programs read more…
Jun 15 17

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 June 4, 2017 and June 10, 2017. 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. DC 1:2011cv01295CANNING v. U.S. DEPARTMENT OF JUSTICE

    • June 5, 2017: MEMORANDUM OPINION to the Motion for Summary Judgment and Cross-Motion for Partial Summary Judgment. Signed by Judge Gladys Kessler on 6/5/17. (CL)
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Jun 8 17

CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY CORPS OF ENGINEERS et al and 7 other new FOIA lawsuits

by Harry Hammitt

We have added 56 documents from 8 FOIA cases filed between May 28, 2017 and June 3, 2017. 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 BIOLOGICAL DIVERSITY v. U.S. ARMY CORPS OF ENGINEERS et al (filed May 31, 2017)
    The Center for Biological Diversity submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning building barriers on the U.S.-Mexican border or U.S.-Canadian border prepared for the Trump administration transition team. The agency acknowledged receipt of the request. The Center for Biological Diversity also submitted a FOIA request to the Department of Homeland Security for same records read more…
Jun 8 17

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 28, 2017 and June 3, 2017. 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. ALN 2:2015cv00837White Arnold & Dowd P.C. v. Department of Justice

    • June 2, 2017: MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/2/2017. (KAM, )
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Jun 2 17

CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR et al and 20 other new FOIA lawsuits

by Harry Hammitt

We have added 117 documents from 17 FOIA cases filed between May 21, 2017 and May 27, 2017. 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 BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR et al (filed May 23, 2017)
    The Center for Biological Diversity submitted FOIA requests to the Department of the Interior, the EPA, the Department of Energy, and the Department of State for records concerning policies ordering the agencies to remove or keep information about climate change on their websites. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the Center for Biological Diversity filed suit read more…
Jun 2 17

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 May 21, 2017 and May 27, 2017. 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. CO 1:2016cv01090Whitson v. United States Forest Service

    • May 23, 2017: MEMORANDUM OPINION AND ORDER granting in part and denying in part [27] Defendant's Motion for Summary Judgment. Granting in part and denying in part [30] Plaintiff's Cross-Motion for Summary Judgment, by Judge Lewis T. Babcock on 5/23/2017. (ebuch)
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