Frost v. Civ. Div., DOJ, No. 22-2201, 2022 WL 1620299 (S.D.N.Y. May 23, 2022) (Swain, C.J.)

Frost v. Civ. Div., DOJ, No. 22-2201, 2022 WL 1620299 (S.D.N.Y. May 23, 2022) (Swain, C.J.)

Re:  DOJ's failure to respond to plaintiff's FOIA request

Disposition:  Denying plaintiff's motion requesting reconsideration and injunctive relief

• Litigation Considerations, Exhaustion of Administrative Remedies:  "In his complaint, Plaintiff alleges that on February 14, 2022, he delivered a FOIA request to the Civil Division of the United States Department of Justice (DOJ), and that the DOJ failed to respond."  "By order dated April 29, 2022, the Court directed Plaintiff to file an amended complaint to provide facts showing that he had exhausted his administrative remedies under  5 U.S.C. § 552(a)(6)(A)(i)-(ii)."  "Instead of filing an amended complaint, Plaintiff submitted a motion for reconsideration."  "The Court liberally construes this submission as a motion for relief from a judgment or order under  Rule 60(b) of the Federal Rules of Civil Procedure."  "After reviewing the arguments in Plaintiff's submission, the Court denies the motion."  "The Court has considered Plaintiff's arguments, and even under a liberal interpretation of his motion, Plaintiff has failed to demonstrate that any of the grounds listed in the first five clauses of Rule 60(b) apply."  "All of the documents Plaintiff submits predate February 14, 2022, and thus they do not appear to bear any relationship to his February 14, 2022, FOIA request."  "In addition, at least one of the documents appears to relate to a FTCA claim, and not a FOIA request."  "Plaintiff's submission is not responsive to the order to amend, and seeks relief for matters that do not arise from this action."  "Therefore, the motion for reconsideration under the first five clauses of Rule 60(b) is denied."  "To the extent that Plaintiff seeks relief under Rule 60(b)(6), the motion is also denied."  "Plaintiff has failed to demonstrate that extraordinary circumstances exist to warrant relief under Rule 60(b)(6)."  "The Court [thus] denies Plaintiff's motion requesting reconsideration." 
   
• Litigation Considerations, Preliminary Injunctions:  "Plaintiff's request for preliminary injunctive relief must also be denied."  "To obtain such relief, Plaintiff must show: (1) that he is likely to suffer irreparable harm and (2) either (a) a likelihood of success on the merits of his case or (b) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in his favor." "Because it is not clear that Plaintiff can state a viable FOIA claim, his submission does not demonstrate: (1) a likelihood of success on the merits, or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in his favor."  "The Court [thus] denies Plaintiff's motion requesting . . . injunctive relief."