District Court Decisions
National Security Counselors v. CIA, Nos. 11-443, 11-444, 11-445, 2012 WL 4903377 (D.D.C. Oct. 17, 2012) (Howell, J.). Holding: Concluding that plaintiff has standing to pursue certain claims under FOIA and the APA; granting CIA's motion to dismiss on certain claims and denying CIA's motion to dismiss for certain claims. The court concludes that "[e]ven if the plaintiff had not conceded its failure to plead claims for relief under the Mandamus Act, however, the mandamus claims would still be appropriately dismissed because the plaintiff's FOIA claims would provide an adequate remedy for all of the policies or practices for which the plaintiff seeks relief under the Mandamus Act."
ExxonMobil Corp. v. U.S. Dep't of Commerce, No. 10-250, 2011 WL 6091470 (D.D.C. Dec. 8, 2011) (Lamberth, J.). Holding: Granting defendant's motion for summary judgment on the basis that plaintiff failed to exhaust its administrative remedies with respect to three requests, and that other requested records were not "agency records" subject to the FOIA; and dismissing plaintiff's FOIA claims brought under the Administrative Procedure Act and the Mandamus Act. The court dismisses claims brought under the Mandamus Act, 28 U.S.C. § 1361, on the basis that plaintiff "has an adequate remedy available under FOIA."
Rimmer v. Holder, No. 10-1106, 2011 WL 3565224 (M.D. Tenn. Aug. 15, 2011) (Trauger,J.). Holding: Granting defendant's motion to dismiss plaintiff's Administrative Procedure Act claim and his claim for mandamus relief; and holding that the case will proceed solely as a FOIA action. At the outset, the court notes that "[m]andamus is a 'drastic' and 'extraordinary' remedy available only if (1) the plaintiff has a clear right to relief; (2) the defendant has a clear duty to act; and (3) there is no other adequate remedy available to the plaintiff." The court dismisses plaintiff's claim for mandamus relief finding that "the FOIA claim provides an adequate and available remedy for [him], [because] through the FOIA claim and the mandamus claim, [he] seeks the same relief – the production of the documents."
