Procedures

Wells v. U.S. Dep't of Educ. Off. for Civ. Rts., No. 11-30686, 2011 WL 5840221 (5th Cir. Nov. 21, 2011) (per curiam).  Holding:  Affirming the district court's dismissal of plaintiffs' Complaint.  The Fifth Circuit affirms the district court's dismissal of plaintiffs' Complaint.  Noting that the "FOIA requires that those seeking records from a government agency 'reasonably describe [ ] such records' sought," the Fifth Circuit rules that since it "cannot decipher which records the Appellants are seeking, [it] cannot say that the district court abused its discretion in dismissing the suit on this basis."   

Moya v. Dep't of Educ., No. 11-80750, 2011 U.S. Dist. LEXIS 129262 (S.D. Fla. Nov. 8, 2011) (Marra, J.).  Holding:  Granting defendant's motion to dismiss based on plaintiffs' failure to state a valid cause of action.  The court grants defendant's motion to dismiss because "Plaintiffs' allegations are legally insufficient to state a claim" where they "failed to allege that they fulfilled the lawfully adopted federal regulations requiring that they 'include verification of the requester's identity' [for first-party, Privacy Act requests] before they sought relief under FOIA."  Additionally, the court comments that "[p]laintiffs' mere denial of the existence of this legal requirement does not suffice to state a valid claim." 

Lewis v. DOJ, No. 09-746, 2011 WL 5222896 (D.D.C. Nov. 2, 2011) (Walton, J.).  Holding:  Granting, in part, defendant's renewed motion for summary judgment based on the adequacy of EOUSA's and the Office of Professional Responsibility's (OPR) searches, and the propriety of OPR's assertion of Exemptions 5 and 6 as well as EOUSA's and DEA's invocation of Exemptions 7(C) and 7(D); and denying summary judgment as to four pages of records referred from OPR to EOUSA, and OPR's reliance on Exemption 2.  The court denies, in part, defendants' motion for summary judgment with respect to four pages of records referred by OPR to EOUSA.  The court finds that "[n]otwithstanding the referral, the defendant must account for the disposition of these records . . . which it has not done." 

Updated July 23, 2014

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