Open Eye Pictures FOIA request (CDC)

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All records referencing a FOIA request dated on or around 06-26-07, submitted by Open Eye Pictures, a 501 (c) (3) non-profit educational documentary producer to the CDC, requesting CVs and financial disclosures of 3 CDC employees, along with select emails between them with IDSA Lyme guidelines authors who have commercial interests in Lyme disease-related test kits, vaccines, and patents. Limit responsive records to those that contain remarks, comments, notes, explanations, etc. made by your personnel or contractors about the processing of this requests and any and all subsequent related appeals, the invocation of exemptions, or related matters. This is to include any analysts' notes made during the processing of the requests, any standard worksheets completed by the analysts, any justifications for exemption invocations or other supporting documentation provided to the Appeals Authority, and any correspondence referencing the requests, including tasking orders, emails, and coordination documentation. However, any records previously released to the original requesters in unredacted form may be excluded from this request. Additionally, please provide the initial request letter submitted by Open Eye Pictures.

When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby instructed that the term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143

Hello,

Per our records, the attached acknowledgement letter is the only correspondence received regarding this request. Please advise on its status.

Please note MuckRock's address has changed since 2011:

MuckRock News
Dept MR460
PO Box 55819
Boston, MA 02205-5819

Thank you.

Hello,

Per our records, the attached acknowledgement letter is the only correspondence received regarding this request. Please advise on its status.

Please note MuckRock's address has changed since 2011:

MuckRock News
Dept MR460
PO Box 55819
Boston, MA 02205-5819

Thank you.

Hello,

There still has been no update provided on this request. Please advise.

Thank you.

This is an appeal under the Freedom of Information Act. I hereby appeal all withholdings and redactions. Redactions and withholdings seems to be made without regard to a presumption of openness as the president has required and exemptions seem to be misapplied.

For these reasons and all other reasons deemed appropriate by the appeals authority, I hereby appeal and request the responsive records to be provided in full.

Regards,
Jason Smathers