Rich v. USCIS, No. 20-0813, 2020 WL 7490373 (W.D. Wash. Dec. 21, 2020) (Robart, J.)

Rich v. USCIS, No. 20-0813, 2020 WL 7490373 (W.D. Wash. Dec. 21, 2020) (Robart, J.)

Re:  Request for client's prior interviews with USCIS

Disposition:  Denying plaintiff's motion for attorney fees

• Attorney Fees:  The court holds that "[plaintiff] has not produced the convincing evidence necessary to show she has substantially prevailed."  The court explains that "[plaintiff's] case was resolved without court intervention in only two months," "USCIS submits evidence that what actually triggered the release was the simple fact that [plaintiff's] request had reached the top of the . . . queue in mid to late June," and, "while the court recognizes that USCIS did not process the request within the 20-day statutory period, nothing caused [plaintiff] to 'endure unnecessarily protracted litigation.'"  Responding to plaintiff's argument, the court finds that "'the mere fact that information sought was not released until after the lawsuit was instituted is insufficient to establish that a complainant has "substantially prevailed."'"