Liberty Global Logistics LLC v. U.S. Maritime Admin., No. 13-0399, 2014 WL 4388587 (E.D.N.Y. Sept. 5, 2014) (Vitaliano, J.)
Re: Request for records concerning defendant's awarding of contracts to certain of plaintiff's competitors
Disposition: Granting defendant's motion to dismiss
- Litigation Considerations, Exhaustion of Administrative Remedies: The court reviews correspondence between plaintiff and defendant and finds that plaintiff "effectively exhausted all of its FOIA requests pursuant to which it now alleges that [defendant] has improperly withheld or redacted documents."
- Litigation Considerations, Mootness and Other Grounds for Dismissal: The court holds that while certain "allegations are not properly before the Court as those documents were not specifically identified in [plaintiff's] amended complaint," "[w]ith respect to the grievances actually alleged in the amended complaint, those grievances are moot and the claim is dismissed." The court finds that "the parties agree that [defendant] has now produced all four documents."
- Discretionary Disclosure and Waiver: The court relates that "[plaintiff] does not dispute that the redacted documents [are withholdable under Exemption 4], but, instead, contends that [defendant] produced unredacted versions of similar documents (pertaining to a different company) pursuant to a different FOIA request." The court finds that "[plaintiff] identifies no Second Circuit case law—and the Court is aware of none—supporting the argument that the government must be deemed to have waived its right to redact confidential information (of a third party) properly subject to FOIA Exemption 4 by failing to redact other, allegedly similar, information in response to a FOIA request of an unrelated party in an unrelated matter."