Bal v. U.S. Dep’t of the Treasury, No. 21-4702, 2023 WL 6517738 (S.D.N.Y. Oct. 5, 2023) (Wang, Mag. J.)

Bal v. U.S. Dep’t of the Treasury, No. 21-4702, 2023 WL 6517738 (S.D.N.Y. Oct. 5, 2023) (Wang, Mag. J.)

Re:  Requests for records concerning plaintiff’s allegation that Office of Foreign Assets Control in U.S. Department of the Treasury blocked his payment for rental of an apartment in Cuba

Disposition:  Granting in part and denying in part defendants’ motion to dismiss

• Litigation Considerations, Jurisdiction:  The court holds that “Plaintiff’s FOIA claims against Defendant Fields and Defendant Prince are dismissed because the only proper defendant in a FOIA case is a federal agency.” 

• Litigation Considerations, Relief:  The court holds that “Plaintiff’s claim seeking damages for alleged FOIA violations is dismissed since FOIA does not provide for damages for a Defendant’s failure to produce documents.”

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that “Plaintiff’s FOIA claims against the Government arising out of its failure to produce documents are moot.”  “A FOIA action becomes moot if the agency responds, even belatedly, to a request.”  “Here, on November 5, 2021, [defendant] responded to Plaintiff’s FOIA request by providing his records.”