Munger, Tolles & Olson LLP ex rel. Am. Mgmt. Servs. v. Dep't of the Army, No. 13-06890, 2014 WL 5781394 (C.D. Cal. Nov. 6, 2014) (Pregerson, J.)
Clifford v. Colvin, No. 14-275, 2014 WL 5782451 (D. Me. Nov. 6, 2014) (Hornby, J.)
Re: Request for investigative file concerning plaintiff
Disposition: Denying defendant's motion for summary judgment; granting defendant's motion to dismiss
- Litigation Considerations: The court denies defendant's motion for summary judgment because "[c]ontrary to the SSA's argument, the fact that the plaintiff seeks access to SSA records for his own litigation purposes does not void his right of access under FOIA." "Likewise, the fact that the plaintiff sought a seal or redaction of this FOIA lawsuit because of his reputational concerns in the SSA sanctions proceeding against him does not make these documents exempt from disclosure."
- Exemption 7(A): The court denies defendant's motion for summary judgment because "[t]he SSA has totally failed to articulate any basis on which the . . . disclosure of the records 'could reasonably be expected to interfere with enforcement proceedings.'"
- Litigation Considerations: The court grants "SSA's motion to dismiss" plaintiff's request "for injunctive relief to prevent the SSA from proceeding with its sanctions proceeding against the plaintiff until this FOIA lawsuit is resolved." The court finds that plaintiff "has not shown any connection between his access to the investigative file and the outcome of the sanction proceedings against him."