Davis v. DHS, No. 11-CV-203, 2013 WL 6145749 (E.D. N.Y. November 20, 2013) (Ross, J.)

Date: 
Wednesday, November 20, 2013
Re: Request for certain Transportation Security Administration records as well as for records concerning requester Disposition: Denying plaintiff's motion for reconsideration of grant of defendant's motion for summary judgment
  • Litigation Considerations:  The court denies plaintiff's request for reconsideration and finds that "[n]othing in plaintiff's motion for reconsideration alters the outcome in this case."  The court reject's plaintiff's argument "that, because [defendant] allegedly failed to respond to the plaintiff's FOIA requests, it forfeited its authority to terminate his request."  The court finds that "contrary to plaintiff's assertion, this language in the FOIA statute simply allows a FOIA requestor who has not received a response within the time limits described under the statute to be deemed to have exhausted his administrative remedies such that he may proceed to bring suit."  The court also rejects plaintiff's contention that "[plaintiff] was improperly assessed with search fees which were prohibited by 5 U.S.C. § 552(a)(4)(A) (viii)."  The court finds that "[t]his provision is inapplicable because it is clear from the record that the $1,815.00 assessed in connection with plaintiff's request consisted of duplication fees, not search fees."
Topic: 
District Court
Litigation Considerations
Updated August 6, 2014