Schotz v. DOJ, No. 14-1212, 2016 WL 6537921 (D.D.C. Nov. 3, 2016) (Howell, C. J.)

Schotz v. DOJ, No. 14-1212, 2016 WL 6537921 (D.D.C. Nov. 3, 2016) (Howell, C. J.)

Re: Request for records concerning doctor, records concerning restitution, records concerning transfer, records concerning telephone conference, records concerning plaintiff, and certain medical records

Disposition: Denying plaintiff's motion for reconsideration; denying plaintiff's motion for attorney fees and costs

• Litigation Considerations: The court denies plaintiff's motion for reconsideration because "plaintiff’s claim of newly discovered evidence is unavailing." Regarding plaintiff's evidence, the court finds that "BOP's 2016 release determination is dated after the date of the final judgment entered in this case, and it involves a 2016 FOIA request that was not a subject of this action either initially or by amendment." Additionally, "the fact that the 2016 release might have included pages responsive to the plaintiff’s earlier requests would not warrant reopening this matter since it is possible that the defendant's 'reasonable and thorough search may have missed them [.]'"
   
• Attorney Fees: The court denies plaintiff's motion for attorney fees. The court finds that "plaintiff is ineligible for an award because (1) he did not prevail by judicial order, and (2) the agency was not compelled by this lawsuit to act but had in fact released responsive records prior to its commencement." Additionally, the court finds that "[e]ven if eligible, the plaintiff is not entitled to an award." The court explains that "plaintiff has not contested the defendant's claimed exemptions, and the Court has found them properly supported."