Court Decisions

Wattleton v. DOJ, No. 19-1402, 2020 WL 4673416 (D.D.C. Aug. 12, 2020) (Howell, J.)

Re:  Request for all users of two electronic systems who accessed plaintiff's electronic case

Disposition:  Granting defendant's motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "because 'DOJ has introduced unrefuted evidence that it has no...

Hall & Associates v. EPA, No. 19-1095, 2020 WL 4673411 (D.D.C. Aug. 12, 2020) (Contreras, J.)

Re:  Request for certain EPA email distribution lists

Disposition:  Granting defendant's motion for summary judgment; denying plaintiff's cross motion for summary judgment

• Exemption 6:  "[T]he Court finds that EPA properly invoked Exemption 6 to withhold both email distribution lists at issue." ...

Nat'l Sec. Counselors v. CIA, 969 F.3d 406 (D.C. Cir. 2020) (Srinivasan, J.)

Re:  Requests for:  1) "listing of all FOIA requesters from fiscal years 2008 to 2010 organized under each of four fee categories contemplated by FOIA:  'news media,' 'educational or scientific,' 'commercial,' or 'all other;'" 2) "'all Central Intelligence Agency records pertaining to the IBM supercomputer named "Watson'...

Boyd v. Trump, No. 19-1664, 2020 WL 4597121 (D.D.C. Aug. 11, 2020) (Jackson, J.)

Re:  Plaintiff's multiple FOIA requests for information concerning himself

Disposition:  Granting defendant's motion for summary judgment

• Procedural Requirements, Entities Subject to the FOIA:  The court relates that "[t]he only alleged recipient of a FOIA request from plaintiff is the United States District...

Abakporo v. EOUSA, No. 18-846, 2020 WL 4597054 (D.D.C. Aug. 11, 2020) (Kelly, J.)

Re:  Request for records concerning extensions of the term of grand jury that indicted plaintiff

Disposition:  Granting defendant's renewed motion for summary judgment

• Litigation Considerations, Adequacy of Search & Mootness and Other Grounds for Dismissal:  The court holds that "EOUSA has now satisfied its...

Osen LLC v. U.S. Cent. Command, 969 F.3d 102 (2d Cir. 2020) (Wesley, J.)

Re:  Requests for records concerning terrorist attacks on American service members in Iraq

Disposition:  Vacating in part, reversing in part, and remanding district court's grant in part and denial in part of parties' cross-motions for summary judgment

• Exemption 1 & Waiver:  The Court of Appeals for the Second Circuit...

Carlborg v. Dep't of the Navy, No. 18-1881, 2020 WL 4583270 (D.D.C. Aug. 10, 2020) (Friedrich, J.)

Re:  Requests for records concerning plaintiff's time in the Marine Corps and investigation that ultimately led to his involuntary discharge

Disposition:  Granting defendant's motion for summary judgment; denying plaintiff's motion for partial summary judgment

• Litigation Considerations, Adequacy...

Neill v. U.S. Customs & Border Prot., No. 20-01288, 2020 WL 4569098 (S.D. Cal. Aug. 7, 2020) (Battaglia, J.)

Re:  Request for records concerning incident at port of entry involving plaintiff

Disposition:  Dismissing complaint with leave to amend

Litigation Considerations, Pleadings:  The court holds that "Plaintiff has not stated a viable FOIA claim" because "the Complaint does not show that...

Abdulkader v. Trump, No. 19-2199, 2020 WL 4530580 (D.D.C. Aug. 6, 2020) (Jackson, J.)

Re:  Request for records concerning plaintiff's criminal case

Disposition:  Granting defendants' motion to dismiss

• Litigation Considerations, Jurisdiction:  The court holds that "[a]part from suing the wrong defendants, plaintiff has not alleged facts from which the Court can find or reasonably infer that...

Withey v. FBI, No. 18-1635, 2020 WL 4539432 (W.D. Wash. Aug. 6, 2020) (Coughenour, J.)

Re:  Request for records concerning murders and alleged FBI informant

Disposition:  Denying plaintiffs' motion to strike Glomar defense, for discovery, and for in camera inspection; granting defendant's cross-motion for partial summary judgment

• Exemption 7(D), Glomar:  The court holds that "Plaintiffs' FOIA...