Statton v. Fla. Fed. Judicial Nominating Comm'n, No. 19-485, 2019 WL 2137446 (M.D. Fla. May 16, 2019) (Covington, J.)

Statton v. Fla. Fed. Judicial Nominating Comm'n, No. 19-485, 2019 WL 2137446 (M.D. Fla. May 16, 2019) (Covington, J.)

Re:  Request for records concerning judicial nominee

Disposition:  Denying plaintiff's motion for reconsideration of court's dismissal of plaintiff's complaint

• Litigation Considerations & Procedural Requirements, Entities Subject to the FOIA:  First, the court holds that "[t]he determination of whether an entity meets the definition of an agency under FOIA is a jurisdictional question, and the sua sponte consideration of subject matter jurisdiction was an obligation demanded of this Court."  Second, the court holds that "[plaintiff's] Motion for Reconsideration presents no newly-discovered evidence or manifest errors of law or fact that justify reconsideration of the Court's Order of dismissal."  In its previous opinion, the court held that "[t]he [Florida Federal Judicial Nominating Commission ("FFJNC")] does not fit within FOIA's definition of an agency either."  The court found that "the FFJNC is comprised of Senators and volunteer individuals appointed by Senators, it does not report to the President, and it assists Senators with their duties."  "Therefore, the FFJNC is not an establishment in the executive branch."