Rubman v. USCIS, No. 13-5129, 2014 WL 552310 (N.D. Ill. Feb. 12, 2014) (Kocoras, J.)

Rubman v. USCIS, No. 13-5129, 2014 WL 552310 (N.D. Ill. Feb. 12, 2014) (Kocoras, J.)

Re:  Request for records concerning statistics related to number of applications, approvals, denials and withdrawals for certain types of cases in certain fiscal years

Disposition:  Denying defendant's motion to dismiss

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court notes that "[d]efendants contend that [plaintiff] failed to appeal administratively in a timely manner before filing suit."  The court "rejects this argument because [plaintiff's] administrative appeal was not dismissed due to a procedural bar—untimeliness."  Instead, the court explains that "[plaintiff's] appeal was dismissed on the merits; that is, it was determined that [plaintiff's] FOIA request had been honored in full."  The court finds that "[a]s the administrative body elected not to enforce a procedural bar against [plaintiff], neither will this Court."
   
• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court relates that "[d]efendants alternatively aver that the complaint should be dismissed because [plaintiff's] FOIA request was fully honored."  The court finds that it "lacks sufficient information to determine the correctness of the parties' claims on these disputed issues," and, therefore, that "[t]hese disputes are, as [plaintiff] accurately posits, more appropriate for the summary judgment stage of the litigation process."