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Khan v. DHS, No. 22-2480, 2024 WL 4164644 (D.D.C. Sept. 12, 2024) (Kelly, J.)

Date

Khan v. DHS, No. 22-2480, 2024 WL 4164644 (D.D.C. Sept. 12, 2024) (Kelly, J.)

Re: Requests concerning incident that occurred in January 2021 when plaintiff and his brother were detained at Dallas-Fort Worth International Airport

Disposition:  Granting defendant’s motion to dismiss or strike; striking plaintiffs’ amended complaint; allowing plaintiffs’ final opportunity to file proper complaint

  • Litigation Considerations, Pleadings:  The court finds that “Plaintiffs again allege that they made several FOIA requests to different agencies that received different responses”  “And they bring several causes of action under FOIA, including for wrongful withholding of records . . . ; failure to make a determination . . . ; failure to conduct an adequate search . . . ; attorneys’ fees . . . ; and a pattern-and-practice claim . . . .”  “But the Amended Complaint still fails to specify which of these causes of action relates to which FOIA requests and which defendant agencies.”  “Although Defendants ask the Court to dismiss the case without prejudice due to these deficiencies, the Court declines to do so at this stage.”  “Plaintiffs complied with the Memorandum Opinion in many ways, and made changes to bring their original Complaint closer to the standard contemplated by the Federal Rules of Civil Procedure.”  “Thus, the Court will strike the Amended Complaint but give Plaintiffs another chance to fix these problems by filing a second amended complaint.” “But Plaintiffs are advised that the Court may dismiss the case if they do not successfully amend their complaint this time.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Updated October 17, 2024