Oram, Jr. v. Wilkie, No. 21-75, 2021 WL 5014537 (W.D. Wash. Oct. 28, 2021) (Martinez, J.)

Oram, Jr. v. Wilkie, No. 21-75, 2021 WL 5014537 (W.D. Wash. Oct. 28, 2021) (Martinez, J.)

Re:  Request for various records concerning plaintiff

Disposition:  Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  "The Court has reviewed the undisputed facts and procedural history of this case as submitted by the parties."  "The Court understands Plaintiff's frustration with the delay in receiving his records and the problems caused by the VA's insistence on sending them on a CD as opposed to in an email."  "However, the record shows that the VA has now released all non-exempt materials responsive to his April 24, 2020, and March 3, 2021, records requests."  "Plaintiff's claims that the search process was flawed or that certain documents were withheld are speculative and unsubstantiated."  "The VA argues that the claims in this case are therefore moot, and the Court agrees."
   
• Litigation Considerations, Pattern-or-Practice Claims:  The court holds that "Plaintiff has not made an adequate showing of the essential elements of his pattern or practice claim."  "To support such a claim, he must demonstrate that an 'alleged policy or practice will impair plaintiff's "lawful access to information in the future."'"  "Plaintiff has failed to identify such a policy or practice, other than to point to the isolated instance of the VA's delay in responding to his April 24, 2020, request."  "Dismissal is therefore warranted."