Altemus v. VA, No. 14-715, 2022 U.S. Dist. LEXIS 6011 (D. Del. Jan. 12, 2022) (Stark, J.)

Altemus v. VA, No. 14-715, 2022 U.S. Dist. LEXIS 6011 (D. Del. Jan. 12, 2022) (Stark, J.)

Re:  Request for records concerning plaintiff's medical and disability benefits 

Disposition:  Granting defendant's motion to dismiss; denying plaintiff's motion for summary judgment; giving plaintiff leave to file second amended complaint   

• Litigation Considerations, Exhaustion of Administrative Remedies:  "Defendant seeks dismissal on the grounds that the Amended Complaint contains no legal claims and, instead, requests documents and, therefore, is governed by the Freedom of Information Act ("FOIA")."  "Defendant argues that Plaintiff never submitted a FOIA request to the VA and did not exhaust his administrative remedies prior to filing suit."  The court finds that "[t]o the extent Plaintiff raises a FOIA claim, the claim fails as pled."  "'[T]he FOIA requires exhaustion of the administrative appeals process before an individual may seek relief in the district court.'"
   
• Litigation Considerations, Pleadings:  The court concludes that "[a]s pled, the Amended Complaint does not specifically identify the FOIA requests made by Plaintiff or whether he exhausted administrative remedies as to each request."  "Therefore, Defendant's motion to dismiss will be granted."  "Plaintiff will be given leave to file a second amended complaint to cure his pleading defects."