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Gelb v. United States, No. 23-203, 2023 WL 2707243 (Fed. Cl. Mar. 30, 2023) (Hertling, J.)

Date

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.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Jurisdiction
Updated May 1, 2023