John Doe Co. No. 1 v. Consumer Fin. Prot. Bureau, No. 15-1177, 2016 WL 3390677 (D.D.C. June 15, 2016) (Moss, J.)
Re: Request for administrative petitions filed with defendant
Disposition: Declining defendant's request to clarify effect of order on defendant's FOIA obligations
- Litigation Considerations: The court addresses "the Bureau's request for clarification regarding the effect, if any, of the Court's Order [concerning a motion to seal] on the CFPB's 'obligations' under FOIA" and finds that "it is not in a position to clarify how the Bureau should respond to a FOIA request seeking materials that were not filed in [the] litigation and that are not themselves subject to the Court's sealing Order." The court postulates that "should the Bureau conclude that disclosure is warranted, Plaintiffs might be able to bring a reverse-FOIA action (although the Court expresses no view on the merits of any such hypothetical action)." "Similarly, if dissatisfied with the Bureau's response, a FOIA requester might bring suit (although the Court again expresses no view on the merits of that hypothetical case)." "Neither such action, however, is before the Court, and given Plaintiffs' disavowal that the FOIA request at issue implicates the Court's Order, there is no basis for the Court to address whether disclosure would be lawful."