The Century Found. v. Betsy Devos, No. 18-1128, 2018 WL 3084065, (S.D.N.Y. June 22, 2018) (Crotty, J.)

The Century Found. v. Betsy Devos, No. 18-1128, 2018 WL 3084065, (S.D.N.Y. June 22, 2018) (Crotty, J.)

Re:  Request for records related to a notice for public comment published in the Federal Register

Disposition:  Denying plaintiff's motion for attorneys' fees and costs

• Attorney Fees, Eligibility:  The court finds that "[plaintiff] is not eligible for fees because the FOIA claims did not substantially cause the Department to release the documents, and, in any event, the FOIA claims were insubstantial."  "[W]hile [plaintiff] obtained the relief it sought under its FOIA claims, the Department's accelerated production of documents was not substantially caused by FOIA claims."  "Rather, the Department accelerated its production in response to the [temporary restraining order] [o]pinion, which was exclusively based on Plaintiff's APA claim."
  
  The court also finds that "[plaintiff] is ineligible for attorneys' fees under FOIA for the additional reason that its FOIA claims were insubstantial."  "A claim is insubstantial where 'the government was correct as a matter of law to refuse a FOIA request.'"  "[Plaintiff] brought three claims under FOIA . . . [plaintiff]'s first FOIA claim was premature . . . [it was] brought . . . before the statutory period for the Department to . . . comply with [the request] had expired."  "[Plaintiff]'s remaining two FOIA claims for denial of expedited processing also would have failed because the Department's denial of expedited processing of the FOIA request was justified . . . [a]ccordingly, [plaintiff]'s FOIA claims were insubstantial, and [plaintiff] is not eligible for attorneys' fees."