Gelb v. United States, No. 23-203, 2023 WL 2707243 (Fed. Cl. Mar. 30, 2023) (Hertling, J.)
Gelb v. United States, No. 23-203, 2023 WL 2707243 (Fed. Cl. Mar. 30, 2023) (Hertling, J.)
Re: Request for records concerning certain outstanding or unpaid checks
Disposition: Finding that court lacks subject-matter jurisdiction over plaintiff’s claim; transferring plaintiff’s claim to the United States District Court for the District of Columbia
- Litigation Considerations, Jurisdiction: The court holds that “the Court of Federal Claims lacks subject-matter jurisdiction over the plaintiff’s claim arising under the FOIA.” “Even accepting the plaintiff’s allegation that the plaintiff and [defendant] have formed a contract [“by [plaintiff] agreeing to pay a fee in return for [defendant] promising to produce to him the requested documents”], the plaintiff's claims are predicated on the FOIA, which specifies the courts in which subject-matter jurisdiction is proper.”