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Conover v. Bd. of Governors of the Fed. Reserve Sys., No. C 12-06480 WHA, 2013 U.S. Dist. LEXIS 63171 (N.D. Cal. May 2, 2013) (Alsup, J.)

Date
Re: Request seeking information regarding whether checks were deposited in a certain bank account Disposition: Granting defendant's motion to dismiss with prejudice
  • Exhaustion: The court finds that plaintiff has not exhausted.  The court notes that the Board has "published regulations that describe how to appropriately file a FOIA request."  Here, plaintiff's "original request for information does not follow defendant's published administrative procedures; instead, it effectively asks defendant to investigate plaintiff's allegations for him."  Furthermore, the court notes that "none of the other documents plaintiff appended to his complaint present proof that he exhausted his administrative remedies."  Accordingly, the court determines that plaintiff has not demonstrated that there is subject-matter jurisdiction here.
  • Jurisdiction: The court notes that "the Board of Governors of the Federal Reserve System is not a citizen of any state for diversity purposes, and diversity jurisdiction is not proper here."  "FOIA jurisdiction would be proper, but no proper FOIA claim has been presented."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Jurisdiction
Updated August 6, 2014