Rolling Stone LLC v. DOJ, No. 23-10741, 2024 WL 3862521 (S.D.N.Y. Aug. 19, 2024) (Liman, J.)

Rolling Stone LLC v. DOJ, No. 23-10741, 2024 WL 3862521 (S.D.N.Y. Aug. 19, 2024) (Liman, J.)

Re:  Request for “‘all FBI records about Henry Kissinger’ without any date limitation”

Disposition:  Denying plaintiff’s motion to compel defendant to move for “Open America” stay of proceeding

• Litigation Considerations, “Open America” Stays of Proceedings:  The court finds that “Defendant has not moved for an Open America stay.”  “But Plaintiff does not argue that Defendant is in default of its obligation to make a ‘determination’ under FOIA and thus Plaintiff does not establish facts that would require Defendant to seek an Open America stay.”  “Defendant is in the process of reviewing and producing the documents responsive to Plaintiff’s request.”  “Plaintiff complains only that Defendant has not completed the process of producing documents.”  “It asserts, incorrectly, that ‘[t]he point of an Open America stay is to allow more time to respond to the request in its entirety, not just part of it’ and that ‘[o]therwise, an agency could simply produce one responsive document up front and then delay the release of other records for years.’”  “Thus, while masquerading as a request that the Defendant move for an Open America stay, Plaintiff’s letter motion is really just a veiled request that the Court issue an order expediting the production of records by Defendant.”  “As the Court has already determined, Plaintiff has not demonstrated that there exists a ‘compelling need’ for expedited processing of its request.”  “Plaintiff here does not complain about the speed with which Defendant is processing and producing documents.”  “Defendant has committed to process records at approximately 500 pages a month.”