Lujano Gonzalez v. DHS, No. 20-1262, 2020 WL 6582450 (E.D. Cal. Nov. 10, 2020) (Shubb, J.)
Date
Lujano Gonzalez v. DHS, No. 20-1262, 2020 WL 6582450 (E.D. Cal. Nov. 10, 2020) (Shubb, J.)
Re: Requests for plaintiffs' alien registration files
Disposition: Granting defendants' motion to dismiss as to plaintiffs' FOIA cause of action
- Litigation Considerations, Mootness and Other Grounds for Dismissal: The court relates that "[one] Plaintiff . . . concedes that her FOIA claim is moot because defendant produced all nonexempt material in its possession prior to litigation." "The court will therefore dismiss [that plaintiff's] FOIA claim for lack of subject matter jurisdiction." Additionally, the court relates that "[another] Plaintiff . . . concedes that defendant has adequately responded to his FOIA request since the filing of the [first amended complaint]." "However, plaintiff argues that his claim is not moot because he is still entitled to costs and attorney fees under FOIA." "Since plaintiff does not contest defendants' representation that they have produced all nonexempt material in their possession in response to plaintiff's FOIA request, and [plaintiff's] claim for attorney's fees cannot resuscitate his underlying FOIA claim, . . . plaintiff's FOIA claim is moot and will be dismissed for lack of subject matter jurisdiction."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Mootness and Other Grounds for Dismissal
Updated December 2, 2020