Speaking Truth to Power v. U.S. Nat'l Nuclear Sec. Admin., No. 14-1421, 2015 WL 3622852 (E.D. Pa. June 10, 2015) (Bartle, J.)

Speaking Truth to Power v. U.S. Nat'l Nuclear Sec. Admin., No. 14-1421, 2015 WL 3622852 (E.D. Pa. June 10, 2015) (Bartle, J.)

Re: Request for records concerning certain incidents involving nuclear weapons

Disposition: Denying plaintiff's motion to amend the complaint

• Litigation Considerations, Exhaustion:  The court holds that "[plaintiff's] proposed amendments to add claims against DOD and DOE would fail to survive a motion to dismiss and would be futile."  "Accordingly, the motion of plaintiff to amend the complaint will be denied."  The court explains that "[plaintiff] contends that the Government's various positions—DOD's failure to find records, DOE's referral of STTP to NNSA, and NNSA's belief that DOD is the primary records custodian—are contradictory and that DOD and DOE must therefore be added as defendants."  However, the court denies this request and finds that "[plaintiff's] failure to take . . . administrative appeal[s] before the agenc[ies] bars any claims against [them] in federal court."