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San Luis & Delta-Mendota Water Auth. v. DOI, No. 15-01412, 2016 WL 80631 (E.D. Cal. Jan. 7, 2016) (O'Neill, J.)

Date

San Luis & Delta-Mendota Water Auth. v. DOI, No. 15-01412, 2016 WL 80631 (E.D. Cal. Jan. 7, 2016) (O'Neill, J.)

Re: Request for records concerning DOI Solicitor's Opinion regarding flows in the Klamath River

Disposition: Denying defendant's motion to dismiss

  • Litigation Considerations, Pleadings:  "To the extent Federal Defendants are attempting to suggest [plaintiff] does not place them on notice of an improper withholding claim, the Court disagrees."  "[Plaintiff] is pleading alternative theories, a permissible strategy."  "While the primary thrust of [plaintiff] amounts to a challenge to the agency’s initial (alleged) non-responsiveness to Plaintiff’s FOIA request, Plaintiff clearly also challenges anticipated assertions of privilege/FOIA exemptions."
     
  • Litigation Considerations, Exhaustion of Administrative Remedies:  "Although the Court believes [the dismissal without prejudice of plaintiff's FOIA claims so that plaintiff can administratively exhaust] is likely appropriate here, because the issue of exhaustion has not been briefed with any clarity and was raised for the first time in Reply, the Court will permit the parties a brief opportunity to address the issue."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Pleadings
Updated January 12, 2022