Scudder v. CIA, No. 16-01917, 2017 WL 6398721 (D.D.C. Dec. 13, 2017) (McFadden, J.)
Re: Requests for certain records to be produced by electronic means
Disposition: Granting defendant's partial motion to dismiss
Litigation Considerations, Jurisdiction: The court holds that, "[e]ven accepting as true all reasonable factual inferences from well-pled factual allegations, the complaint fails to adequately plead that the CIA has a policy or practice of categorically refusing to release records responsive to FOIA requests in electronic format." "Although it asserts, in conclusory fashion, that the CIA has a policy of refusing to release responsive records in electronic format . . . the complaint is devoid of facts sufficient to advance this allegation from being possible to plausible." Notably, "[p]laintiffs in this matter have not alleged any instance where the Defendant was found to have violated FOIA – or even a specific instance where the Defendant allegedly violate FOIA – by failing to provide the requested information electronically where readily producible." "Last, the type of conduct alleged by Plaintiffs is a far cry from the egregious and intentional conduct implicated in prior policy or practice claims."