Eakin v. DOD, No. 16-0972, 2024 WL 3952593 (W.D. Tex. Aug. 23, 2024) (Lamberth, J.)

Eakin v. DOD, No. 16-0972, 2024 WL 3952593 (W.D. Tex. Aug. 23, 2024) (Lamberth, J.)

Re:  Requests for “‘World War II era’” digitally scanned deceased personnel files

Disposition:  Granting defendant’s motion to dismiss; denying as moot defendant’s motion for partial summary judgment; denying as moot plaintiff’s motion for partial summary judgment

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court finds that “[b]ecause [plaintiff] has now received responsive documents to each of his FOIA requests, his charge of untimeliness is moot.”  “[Plaintiff] does not dispute that the Department has provided him with all World War II IDPFs; nor does he dispute that these documents were responsive.”  “Accordingly, to the extent his complaint alleges that the DoD ‘failed to determine whether to comply with Plaintiff’s request within the time period required by FOIA,’ it has become moot.”
   
• Litigation Considerations, Exhaustion of Administrative Remedies:  The court relates that “[i]n his motion for partial summary judgment, [plaintiff] instead challenges the adequacy of the Department’s reply, stating that the agency has not provided every potentially responsive file by omitting the Korean War [Individual Deceased Personnel Files (“IDPFs”)] and charge-out sheets.”  “However, [the court finds that] he does not allege to have exhausted his administrative remedies with respect to this issue, neither constructively nor by appealing within the DoD.”  “Therefore, [the] Court cannot review whether Korean War IDPFs or charge-out sheets ought to have been provided to [plaintiff].”  “Should [plaintiff] wish to acquire the files he believes are missing, he must first make full use of the DoD’s internal appeal process or file a separate FOIA request for those documents specifically.”