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Telematch, Inc. v. USDA, No. 20-5378, 2022 WL 3330101 (D.C. Cir. Aug. 12, 2022) (Katsas, J.) Re: Request for farm, tract, and customer numbers for farms enrolled in farm subsidy programs Disposition: Affirming district court’s grant of government’s mo


Caetano v. IRS, No. 22-00837, 2022 WL 3327493 (E.D. Cal. Aug. 11, 2022) (Boone, M.J.)

Re:  Multiple requests for certain records concerning plaintiff

Disposition:  Finding that plaintiff failed to state cognizable claim, but granting plaintiff leave to file amended complaint

  • Procedural Requirements, Entities subject to the FOIA:  “As an initial matter, because the FOIA only applies to federal agencies, . . . the Court notes any FOIA claim Plaintiff seeks to assert against the state entity Defendants . . . is precluded as a matter of law.”
  • Litigation Considerations, Pleadings & Exhaustion of Administrative Remedies:  “As to the remaining federal agency Defendants, the Court cannot conclude Plaintiff has alleged sufficient facts to either establish this Court has jurisdiction over his FOIA claims, or to state a cognizable FOIA claim.”  The court finds that “Plaintiff contends no Defendant responded to his FOIA requests, but his allegations demonstrate some Defendants did respond.”  “Because Plaintiff's allegations largely consist of sweeping statements as to all Defendants without identifying the actions or inactions of each individual named Defendant, and in light of the internal inconsistencies in the complaint, the Court cannot conclude at this juncture that Plaintiff ‘constructively’ exhausted his administrative remedies as to any of the five federal agency Defendants.”  “Nor can the Court conclude Plaintiff met his burden to establish he ‘actually’ exhausted his administrative remedies based on the allegations.”  “[N]owhere in the complaint does Plaintiff allege that he paid the fees, applied for a fee waiver, was granted a fee waiver, was denied a fee waiver, or appealed any refusal to waive fees.”  “Consequently, Plaintiff has not alleged facts sufficient to establish the Court has subject matter jurisdiction over his FOIA claims, nor has he alleged sufficient facts to state a cognizable claim under the FOIA.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Pleadings
Procedural Requirements, Entities Subject to the FOIA
Updated September 6, 2022