Monday, June 10, 2013
Re: Records pertaining to plaintiff Disposition: Granting defendant's motions to dismiss based on res judicata and failure to state a claim
- Litigation Considerations/Res Judicata: The court concludes that the elements of res judicata have been satisfied in this case and the plaintiff is barred from bringing the actions. First, "a final judgment on the merits was issued by the Southern District of New York on both [plaintiff's] improper levy and FOIA claims when it dismissed his complaint for failure to state a claim, satisfying the first element of res judicata." Second, "the parties in the immediate suits are either the same as those in the Original Action or are in privity therewith." Finally, "both the immediate suits and the Original Action arise from the IRS imposing a levy on [plaintiff's] pension and [defendant's] alleged failure to respond to [plaintiff's] FOIA request."
- Litigation Considerations/Motion to Dismiss: Plaintiff's allegation "that Stark failed to respond to his FOIA request . . . fails to state a claim because the agency, and not the employee, is responsible for responding to a FOIA request."
Motion To Dismiss
Updated August 6, 2014