Dunn v. Haag, No. 16-00792, 2017 WL 818863 (N.D. Cal. Mar. 2, 2017) (Tigar, J.)

Dunn v. Haag, No. 16-00792, 2017 WL 818863 (N.D. Cal. Mar. 2, 2017) (Tigar, J.)

Re: Request for certain records concerning plaintiff

Disposition: Granting defendant's motion to dismiss

• Litigation Considerations, Jurisdiction: "The Court therefore grants the motion as to [the individual] Defendant . . . and dismisses her as a defendant." "[The individual] Defendant . . . was acting in her capacity as an employee for the United States Attorney and, therefore, is not a proper party for suit pursuant to FOIA." However, "[t]he Court will construe the Complaint as against the United States Attorney, rather than [the individual defendant], because Plaintiff's Complaint references the prolonged delay between his inquiry and the actions of the United States Attorney in providing the requested documents."
   

• Litigation Considerations, Mootness and Other Grounds for Dismissal: "The Court concludes Plaintiff's claim against the United States Attorney is moot, despite the alleged time delay, because the agency produced the records Plaintiff requested." The court relates that "[p]laintiff does not contend that the United State[s] Attorney withheld any of the records he requested." "Plaintiff, in fact, acknowledges that he received a final response to his FOIA request." "Instead, Plaintiff's Complaint concerns only the delay he experienced in receiving his requested documents."
   

• Litigation Considerations, Relief: The court holds that "[p]laintiff here seeks $600,000 in monetary damages, which are not recoverable by a FOIA claim." The court finds that "'[t]here is no provision under FOIA which provides for an award of money damages for alleged wrongs by federal agencies.'"