Court Decisions
Displaying 3431 - 3440 of 3585
Islamic Shura Council of S. Cal. v. FBI, No. 12-55305, 2013 WL 3992123 (9th Cir. July 31, 2013) (per curiam)
Re: Defendant's appeal of district court's order granting plaintiff's motion for sanctions under Federal Rule of Civil Procedure 11(c)
Disposition: Reversing the order granting the motion for sanctions and vacating the order awarding fees
- Attorney Fees: The Ninth Circuit finds that "[t]he motion for sanctions should not have been granted." The court notes that what plaintiff "fails to observe...
Potts v. Bell, No. 13-cv-423, 2013 WL 3942711 (N.D. Ala. July 30, 2013) (Kallon, J.)
Re: Request for access to plaintiff's Social Security Administration file
Disposition: Granting defendant's motion to dismiss
- Litigation Considerations, Exhaustion of Administrative Remedies: The court finds that it "does not have subject matter jurisdiction over [plaintiff]'s request for his records pursuant to FOIA." The court notes that "[plaintiff]'s complaint is replete with multiple...
Gill v. Dept. of Agriculture, No. 13-cv-00356, 2013 WL 3942028 (E.D. Cal. July 30, 2013) (England, Jr., J.)
Re: Request for access to records related to defendant's investigation which resulted in plaintiffs' permanent ban from participating in the Supplemental Nutrition Assistance Program
Disposition: Denying plaintiffs motion to strike portions of defendant's answer
- Litigation Considerations, Pleadings: The court denies plaintiff's motion to strike portions of defendant's answer because "[w]hether...
Pit River Tribe v. BLM, No. 04-cv-0969, 2013 U.S. Dist. LEXIS 106903 (E.D. Cal July 29, 2013) (Mendez, J.)
Re: Defendants' motion for summary judgment on grounds that FOIA claim is barred by the general statute of limitations for claims against the United States, 28 U.S.C. § 2401(a).
Disposition: Granting summary judgment for defendant
- Litigation Considerations: The court finds that plaintiff's "claim is barred." The court notes that, "FOIA claims are subject to the six-year-limitations period...
Cameranesi v. DoD, No. 12-0595, 2013 WL 3949030 (N.D. Cal. July 29, 2013) (Hamilton, J.)
Re: Request for records concerning students and instructors at the Western Hemisphere Institute for Security Cooperation
Disposition: "The court ordinarily permits each side in a civil action to file only one motion for summary judgment. In this case, however, the court finds that an additional set of crossmotions is warranted, assuming defendants are willing to withdraw their premature appeal....
Brown v. BOP, No. 11-cv-03191-WYD-BNB, 2013 U.S. Dist. LEXIS 104481 (D. Colo. July 25, 2013) (Boland, Magistrate J.)
Re: Plaintiff's motion to compel discovery in response to interrogatories and requests for production of documents he submitted in order to obtain records concerning himself
Disposition: Denying plaintiff's to compel discovery
- Discovery: The court remarks that "absent a showing of bad faith by the agency, '[d]iscovery is generally unavailable in FOIA actions.'" Noting that "plaintiff has not...
CREW v. DOJ, No. 11-1021, 2013 WL 3835061 (D.D.C. July 25, 2013) (Boasberg, J.)
Re: Request for records related to investigation into "allegations of bribery and conflicts of interest" involving a former congressman
Disposition: Denying defendant's motion for summary and granting plaintiff's motion for summary judgment in part
- Vaughn: The court finds that EOUSA's categorical Vaughn index for 25,414 pages was insufficient. "The Vaughn index and declaration submitted by...
Juarez v. Twenty Five Officers, No. C 13-2431, 2013 WL 3927769 (N.D. Cal. July 25, 2013) (Alsup, J.)
Re: Plaintiff's complaints that employees of the clerk's office "improperly processed and handled documents in [plaintiff's] prior habeas petitions and other lawsuits"
Disposition: Dismissing plaintiff's claims under 28 U.S.C. § 1915
- Proper Party Defendant: "FOIA does not apply to plaintiff's claims because he does not seek documents that have been denied by a federal agency."
Venkataram v. OIP, No. 09-6520, 2013 WL 3871730 (D. N.J. July 25, 2013) (Simandle, J.)
Re: Plaintiff's request for records concerning the government's decision not to prosecute his business associate and former co-defendant
Disposition: Granting defendant's motion to dismiss and denying plaintiff's motion to compel production of documents
- Adequacy of the search: The court concludes that defendant conducted an adequate search for responsive records. EOUSA's "declaration suffices...
Washington v. Client Network Servs., Inc., No. 11-01331, 2013 WL 3819381 (E.D. Pa. July 24, 2013) (O'Neill, J.)
Re: Seeking information in context of plaintiff's claims against a former employer under various statutes
Disposition: Granting defendant's motion to dismiss
- Proper Party Defendant: The court notes that "to the extent that [plaintiff] seeks to obtain information under the Freedom of Information Act, which requires executive branch agencies to make 'agency records' available to individuals...