Jarvis v. HUD, No. 17-1806, 2018 WL 1936002 (D.D.C. Apr. 24, 2018) (Sullivan, J.)

Jarvis v. HUD, No. 17-1806, 2018 WL 1936002 (D.D.C. Apr. 24, 2018) (Sullivan, J.)

Re:  Request for records concerning plaintiff and third party

Disposition:  Granting defendant's motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "[t]he fact that plaintiff mailed his FOIA requests does not impose any obligation on HUD."  "'Rather, the receipt of a request by the agency is the legally significant event that triggers the commencement of the FOIA request and that enables a requester, such as [p]laintiff, who is dissatisfied with the agency response to seek recourse from federal courts.'"  The court explains that "[p]laintiff's burden on summary judgment is to demonstrate the existence of a genuine dispute of material fact regarding HUD's compliance with the FOIA."  The court finds that "[p]laintiff does not demonstrate HUD's receipt of his FOIA requests, and '[w]ithout any showing that the agency received the request[s], the agency has no obligation to respond to [them].'"