Bergeron v. ATF, No. 13-00625, 2016 WL 1229050 (D. Nev. Mar. 28, 2016) (Du, J.)
Re: Request for records concerning selection of ATF supervisor
Disposition: Granting defendant's motion to dismiss; denying plaintiff's motion for attorney fees and costs
- Attorney Fees: "The Court finds that, even with the limited record before it, the circumstances surrounding ATF's withholdings raise questions about whether the agency acted arbitrarily and capriciously." "[Plaintiff] was required to engage in years of litigation to obtain documents." "He successfully obtained much of the disputed material through both negotiations with ATF and a court order." "While ATF is correct in pointing out that most of [plaintiff's] claims were resolved through joint discussions, such resolution does not mean that ATF's initial refusals do not raise questions about the agency's actions." However, the court finds that "[plaintiff's] request for attorney's fees and costs is a post judgment determination that does not preclude granting ATF's motion to dismiss." "Accordingly, the Court will grant Defendant's motion to dismiss because all substantive issues have been resolved." Additionally, "[t]he Court will deny [plaintiff's] motion for attorney fees without prejudice so that he may serve and file a bill of costs in compliance with Local Rule 54-1."