Petrova v. DHS, No. 25-00240, 2025 WL 2772764 (D. Vt. Sept. 26, 2025) (Reiss, C.J.)

Petrova v. DHS, No. 25-00240, 2025 WL 2772764 (D. Vt. Sept. 26, 2025) (Reiss, C.J.)

Re: Request for records concerning plaintiff’s “admission at the Boston Logan Airport”

Disposition:  Granting defendant’s motion to dismiss plaintiff’s FOIA claims

• Litigation Considerations, Venue:  The court relates that “[plaintiff] does not reside or have her principal place of business in Vermont, nor does she contend that the agency records she seeks are situated in Vermont.”  “She nonetheless argues that the court should exercise pendent venue over her FOIA claims because they arise out of the same events as her APA and Due Process claims.” “Because [plaintiff’s] FOIA claims do not arise from the same nucleus of operative fact as her APA and Due Process claims, the court declines to exercise pendent jurisdiction over them.” “Because venue is not proper in this district, the court considers whether the matter should be transferred to an appropriate district or dismissed.”  “Where the case might have been brought in more than one district, and the statute of limitations is not implicated, the court need not transfer the claims but may dismiss them without prejudice.”  “[Plaintiff] is free to refile her FOIA claims in the district or districts where venue is proper.”