Court Decisions

Found. for Gov’t Accountability v. DOJ, No. 22-252, 2023 WL 5510417 (M.D. Fla. Aug. 25, 2023) (Badalamenti, J.)

Re:  Request for records concerning Executive Order 14019 (“EO 14019”), which directed head of each executive agency, including DOJ, to submit to White House a Strategic Plan outlining ways the agency can promote voter registration and voter participation

Disposition:  Granting in...

Thompson v. DOJ, No. 23-69, 2023 WL 5493591 (W.D.N.C. Aug. 24, 2023) (Cogburn, Jr., J.)

Re:  Several requests for records concerning plaintiff

Disposition:  Denying defendant’s partial motion to dismiss

• Litigation Considerations, Pattern-or-Practice Claims:  The court relates that “Plaintiff alleges that Defendant has repeatedly stymied his ability to receive requested government records...

Lietz v. DEA, No. 22-00136, 2023 WL 5350841 (D. Idaho Aug. 21, 2023) (Brailsford, J.)

Re:  Requests for records concerning certain alleged searches and seizures

Disposition:  Denying defendant’s motion to dismiss

• Litigation Considerations, Jurisdiction:  The court holds that “the Ninth Circuit has ruled the exhaustion requirement under FOIA is a ‘prudential consideration rather than a...

Watkins L. & Advoc., PLLC v. DOJ, No. 21-5108, 2023 WL 5313522 (D.C. Cir. Aug. 18, 2023) (Srinivasan, C.J.)

Re:  Request for records concerning process by which names of certain veterans and other VA beneficiaries were added to background check system barring them from possessing firearms for having been adjudicated as lacking mental capacity

Disposition:  Affirming in part, vacating in part...

Sebastian Brown, III v. FBI, No. 21-01639, 2023 WL 5333210 (D.D.C. Aug. 18, 2023) (Walton, J.)

Re:  Request for records concerning incident which occurred on December 2, 2015 at Inland Regional Center in San Bernardino, CA

Disposition:  Granting defendant’s motion for summary judgment

• Litigation Considerations, Adequacy of Search & Procedural Requirements, Searching for Responsive Records...

Phillips v. Phillips, No. 23-832, 2023 WL 5336862 (N.D. Ohio Aug. 18, 2023) (Meehan Brennan, J.)

Re:  Plaintiff’s request that the court “‘follow the law of the [Freedom of Information Act], to ‘hand over [his] estate’”

Disposition:  Dismissing case

• Procedural Requirements, Entities Subject to the FOIA:  The court holds that “[plaintiff] fails to state a claim upon which relief may be...

Smartflash, LLC v. U.S. Pat. & Trademark Office, No. 22-1123, 2023 WL 5289287 (D.D.C. Aug. 17, 2023) (Howell, J.)

Re:  Request for expansion of judicial panels of the Patent Trial and Appeal Board (“PTAB”) for certain USPTO proceedings

Disposition:  Granting defendant’s motion to dismiss; denying plaintiff’s cross-motion for summary judgment

• Litigation Considerations, Standing:  The court...

Scott v. DHS, No. 22-03037, 2023 WL 5310101 (S.D. Ohio Aug. 17, 2023) (Graham, J.)

Re:  Plaintiff’s complaint stating that “he needs ‘to see’ an unredacted ‘record of homeland security spending’”

Disposition:  Granting defendant’s motion to dismiss

• Litigation Considerations, Pleadings:  The court relates that “[t]here is no allegation that [plaintiff] made a records request to the...

Starnes, II v. United States, No. 23-1091, 2023 WL 5217707 (Fed. Cl. Aug. 15, 2023) (Kaplan, C.J.)

Re:  Plaintiff’s claim that defendant “placed an implant in his brain that has given him the powers of telepathy”

Disposition:  Dismissing plaintiff’s complaint

• Litigation Considerations, Jurisdiction:  The court relates that “[plaintiff] cites only one law in his complaint – the Freedom of...

Magassa v. FBI, No. 19-01952, 2023 WL 5174335 (D.D.C. Aug. 11, 2023) (Cobb, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting defendant’s motion for summary judgment; denying plaintiff’s cross-motion for summary judgment

• Litigation Considerations, Adequacy of Search & Procedural Requirements, Searching for Responsive Records:  First, the court holds that “the FBI’s...