Speaking Truth to Power v. U.S. Nat'l Nuclear Sec. Admin., No. 14-1181, 2015 WL 3604187 (E.D. Pa. June 9, 2015) (Bartle, J.)

Speaking Truth to Power v. U.S. Nat'l Nuclear Sec. Admin., No. 14-1181, 2015 WL 3604187 (E.D. Pa. June 9, 2015) (Bartle, J.)

Re: Request for records concerning certain incidents involving nuclear weapons

Disposition: Denying plaintiffs motion for attorney fees and costs

• Attorney Fees and Costs, Eligibility:  The court holds that "[plaintiff] is ineligible for the award of attorney fees."  The court finds that "[i]n the instant matter the record does not disclose the existence of a court order or a written agreement or consent decree which led to the Government's disclosures."  The court also finds that "[plaintiff] has not come forward with any facts to establish that it has 'substantially prevailed.'"  "It simply assumes that attorney's fees are appropriate because it had been negotiating with the Government over a compromised amount."  "[H]owever, offers of compromise are not proof of the validity of a disputed claim."

The court also "note[s] that, in the absence of any exigent circumstances or obduracy on the part of the target agencies, it is inappropriate for information seekers to eschew the administrative process in favor of premature litigation in federal court."  "The attorney's fee provision in FOIA was not meant to encourage the use of judicial resources in this fashion."