Whitman v. Dep’t of the Army, No. 21-03163, 2023 WL 3844603 (D.D.C. June 5, 2023) (Reyes, J.)

Whitman v. Dep’t of the Army, No. 21-03163, 2023 WL 3844603 (D.D.C. June 5, 2023) (Reyes, J.)

Re:  Request for certain communications concerning plaintiff

Disposition:  Granting defendant’s motion for summary judgment

• Litigation Considerations, Pleadings:  The court relates that “Plaintiff moves for reconsideration of the Court’s March 1, 2023, Order.”  “He argues that he intended to file suit against the individual defendants in their official, not individual, capacities and that he ‘intended to name the Agency itself.’”  “But he has not identified a justification under Federal Rule of Civil Procedure 60(b), or under any other authority, to vacate the Court’s dismissal of the individual defendants.”  “The FOIA does not authorize suit against individuals in any capacity.”  “Thus, the Court declines to reinstate the claims against the dismissed individual defendants.”

• Litigation Considerations, Discovery:  The court relates that “Plaintiff moves for discovery to compel Defendant to produce the material that he has requested through ‘multiple [FOIA and Privacy Act] requests . . . .”  The court holds that “Defendant’s Motion for Summary Judgment is pending, and Plaintiff has yet to file his Opposition.”  “Therefore, until the Court can review the parties’ briefing in full, the Court does not yet have ‘sufficient information to determine whether a genuine factual dispute exists or whether [the plaintiff] requires additional facts essential to oppose the government’s motion.’”