Marcusse v. OIP, No. 12-1025, 2014 WL 92508 (D.D.C. Jan. 10, 2014) (Kollar-Kotelly, J.)

Friday, January 10, 2014
Re: Request for records concerning plaintiff's criminal case Disposition: Granting defendant's motion for summary judgment
  • Litigation Considerations:  The court "finds no materially disputed fact remaining in this FOIA case and concludes that defendants are entitled to judgment on all claims."  The court finds that "plaintiff's arguments focusing on how the released documents relate to her criminal conviction are simply unavailing in this forum."  Additionally, the court rejects plaintiff's newly raised challenge of "the IRS's search for responsive records, its withholding of documents, and its claim that she had not exhausted her administrative remedies."  The court explains that it "will not consider plaintiff's arguments advanced for the first time at this late stage of the proceedings that she had every opportunity to present during the scheduled briefing period."
District Court
Litigation Considerations
Updated August 6, 2014