Edelman v. SEC, No. 15-02750, 2017 U.S. Dist. LEXIS 205190 (S.D. Cal. Dec. 12, 2017) (Benitez, J.)
Re: Request for records concerning certain realty trust
Disposition: Denying joint motion "'seek[ing] to resolve the issues raised by the pending motions for summary judgment'"
- Litigation Considerations, Exhaustion of Administrative Remedies: The court relates that, "according to the Joint Motion, after the SEC produced [an] Index pursuant to the Court's September 27, 2017 Order, Plaintiff identified 118 new records he wished be produced." "This is corroborated by the SEC's renewed summary judgment motion, which represents that after the SEC produced the . . . Index to Plaintiff's counsel on October 2, 2017, Plaintiff's counsel emailed a request for 118 of the records identified in the index." "The SEC's motion further relates that it has not fully adjudicated Plaintiff's request for these records." "Moreover, it appears from the record that the requested records were discovered and placed in a queue for processing after Plaintiff lodged the two FOIA requests that are the subject of this action." "Thus, it does not appear to the Court that Plaintiff has exhausted his administrative remedies with respect to the newly requested records, or even that he has made a formal FOIA request for those records." "As a result, the Court lacks subject matter jurisdiction over this newly raised claim."