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Rosiere v. U.S., No. 16-00143, 2016 U.S. Dist. LEXIS 34026 (D. Colo. Mar. 16, 2016) (Babcock, S.J.)

Date: 
Wednesday, March 16, 2016

Rosiere v. U.S., No. 16-00143, 2016 U.S. Dist. LEXIS 34026 (D. Colo. Mar. 16, 2016) (Babcock, S.J.)

Re: Multiple requests for same documents

Disposition: Dismissing plaintiff's case

  • Litigation Considerations, Mootness and Other Grounds for Dismissal:  "In this case, the Court finds that [plaintiff's] claims in this action are duplicative of his claims in the other pending actions."  "Although the FOIA requests at issue were dated two (2) days apart from the other cases, the requests in all other respects are identical."  "The requested relief of obtaining the relevant documents is identical to the other cases."  "Therefore, the claims, parties, and relief being sought do not differ significantly between the two actions and [plaintiff] may not pursue the same claims simultaneously in multiple cases."  "To allow otherwise would permit a party to file an unlimited number of identical FOIA requests on separate days and then file an unlimited number of federal lawsuits regarding the requests."  "Such an abuse of the federal court system is not allowed."
Topic: 
District Court
Litigation Considerations
Mootness
Updated April 28, 2016