Thursday, June 6, 2013
Re: Plaintiff's request for protective order based in part on FOIA, as result of defendant's request for certain documents concerning plaintiff's medical marijuana facility Disposition: Determining that FOIA is inapplicable to this case, but granting plaintiff's motion for a protective order on other grounds
- Procedural Requirements, Entities Subject to the FOIA: While ultimately granting plaintiff's request for a protective order on other grounds, the Court rejects plaintiff's grounds for a protective order based on FOIA. The Court notes that, "[t]he Federal FOIA provides that '[e]ach agency shall make available to the public information" and that, "[f]or purposes of the Act, 'agency' means each authority of the Government of the United States, whether or not it is within or subject to review by another agency." The Court finds that plaintiff, "is not an 'agency' or an authority of the federal government or the state government within the meaning of state or federal FOIA, therefore, the Acts are not applicable to this case."
Proper Party Defendant
Updated August 6, 2014