Robert v. CIA, No. 02-6788, 2017 WL 782296 (E.D.N.Y. Feb. 28, 2017) (Seybert, J.)

Robert v. CIA, No. 02-6788, 2017 WL 782296 (E.D.N.Y. Feb. 28, 2017) (Seybert, J.)

Re: Request for records concerning alleged interview with plaintiff

Disposition: Denying plaintiff's motion for summary judgment; denying defendants' motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies: The court holds that "[c]learly there is a factual dispute as to whether Plaintiff filed a FOIA request with the CIA and exhausted his administrative remedies." "While the Court is troubled by Plaintiff's failure to submit his alleged correspondence with the CIA regarding his FOIA request, the Court will permit Plaintiff one final opportunity to submit documentary evidence supporting his allegation that he filed a FOIA request with the CIA and unsuccessfully appealed the CIA's denial of that request prior to the commencement of this action[.]"