Lyall v. FBI, No. 15-1818, 2018 U.S. Dist. LEXIS 82670 (W.D. Wash. May 16, 2018) (Lasnik. J.)

Lyall v. FBI, No. 15-1818, 2018 U.S. Dist. LEXIS 82670 (W.D. Wash. May 16, 2018) (Lasnik. J.)

Re:  Request for records concerning third party and plaintiff's father

Disposition:  Denying defendant's motion to dismiss for lack of subject matter jurisdiction; granting plaintiff's motion to voluntarily dismiss

Litigation Considerations:  "The Court concludes that [plaintiff's] action should be dismissed without prejudice."  The court relates that "[t]he FBI's motion to dismiss does not ask the Court to reach the underlying merits."  "The FBI has no counterclaims that would be prejudiced."  "The FBI expresses concern that a dismissal without prejudice risks simply avoiding an adverse ruling or allowing [plaintiff] to shop for a friendlier forum."  "The Court's ruling on the FBI's motion obviates the first concern."  "As for the latter concern, the Court will dismiss the action on the condition that should [plaintiff] file a subsequent federal case arising from the same set of operative facts, the parties must designate it a 'related case,' and the new action will be assigned to this Court."  "The Court is mindful that some of [plaintiff's] reasons are tenuous, but she simply does not appear committed to prosecuting this action and the FBI's production of records may well have mooted her claims in any future case."