Demoruelle v. VA, No. 17-00077, 2017 WL 3598513 (D. Haw. Aug. 21, 2017) (Kobayashi, J.)

Demoruelle v. VA, No. 17-00077, 2017 WL 3598513 (D. Haw. Aug. 21, 2017) (Kobayashi, J.)

Re:  Requests for various policies and procedures

Disposition:  Granting in part and denying in part plaintiffs' motion for summary judgment

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court relates that "[t]he VA concedes that it did not respond to Plaintiffs' appeals within the required time, and represents that, '[f]or the purposes of this action, the VA . . . will drop any attempt to seek fees for the subject requests.'"  "Moreover, the VA states that '[P]laintiffs are entitled to recover the reasonable costs expended in pursuit of their action in federal court.'"  "The Court agrees."  "Accordingly, there is no question of material fact, and Plaintiffs are entitled to judgment as a matter of law on Count I."
   
• Litigation Considerations, Jurisdiction:  "The Court may not grant any of the other requested relief."  "In addition to a FOIA fee waiver, Plaintiffs seek an order: enjoining the VA 'from withholding responsive agency records under Plaintiffs' FOIA/PA requests in the future'; and enjoining the VA from engaging in a 'pattern and practice of no agency response or delayed response to Plaintiffs' FOIA/PA requests.'"  The court finds that "Plaintiffs have provided no grounds upon which the Court may grant the requested relief."
   
• Attorney Fees:  The court notes that, "while the Motion only seeks costs of the instant suit, the Complaint also seeks attorneys' fees."  The court finds that "[i]t is well-established that 'a pro se litigant who is not a lawyer is not entitled to attorney's fees.'"  "Accordingly, insofar as the Motion seeks such relief, it is denied."