Salgado-Rios v. DHS, No. 20-60, 2021 U.S. Dist. LEXIS 12071 (W.D. Mich. Jan. 22, 2021) (Maloney, J.)
Date
Salgado-Rios v. DHS, No. 20-60, 2021 U.S. Dist. LEXIS 12071 (W.D. Mich. Jan. 22, 2021) (Maloney, J.)
Re: Request for records concerning plaintiff's daughter
Disposition: Granting defendants' motion to dismiss; denying plaintiff's motion for attorney fees
- Litigation Considerations, Mootness and Grounds for Dismissal: The court relates that "[g]iven that the two requests had been fulfilled . . . Defendants moved to dismiss for lack of subject matter jurisdiction." "Plaintiff agrees that the case is now moot, and she does not oppose the motion to dismiss." "Thus, [the court holds that] the motion to dismiss can easily be granted."
- Attorney Fees, Eligibility: "[T]he Court finds that Plaintiff did not 'substantially prevail' in the litigation and she is not entitled to attorney fees." The court finds that "Plaintiff has failed to show that her litigation caused the agencies' production of documents." "[I]nstead, she relies only on the sequence of events [that "the litigation occurred before production"]." The court finds that "[t]here is no evidence that Plaintiff's litigation spurred the production."
Court Decision Topic(s)
District Court opinions
Attorney Fees
Litigation Considerations, Mootness and Other Grounds for Dismissal
Updated February 9, 2021