Court Decisions
Displaying 3491 - 3500 of 3517
Monaghan v. FBI, No. 11-16214, 2013 WL 311319 (9th Cir. Jan. 28, 2013) (per curiam)
Re: Request for fee waiver for records concerning the terrorist attacks of September 11, 2001
Disposition: Affirming decision of district court and FBI to deny fee waiver
- Procedural: The Ninth Circuit concludes that the FBI's untimely response was properly considered by the district court as part of the administrative record. The court notes that "the FBI's untimely response was not an...
United States v. Terry, No. 12-2660, 2013 WL 265435 (7th Cir. Jan. 24, 2013)
Re: Request for records pertaining to plaintiff
Disposition: Affirming district court's denial of plaintiff's motion to compel production of trial related documents, previously sought through FOIA requests; affirming and district court's refusal to construe the motion as FOIA complaint
- Procedural: The Seventh Circuit explains that to "bring an action under the FOIA in district court, the...
Anguimate v. DHS, No. 12-791 (RBW), 2013 WL 260851 (D.D.C. Jan. 24, 2013)
Re: Request for records relating to plaintiff's asylum application
Disposition: Granting in part defendant's motion for summary judgment as to propriety of withholdings under Exemption 5; ordering further briefing on plaintiff's request for a declaratory judgment and injunction
- Exemption 5/Deliberative Process Privilege: The court "finds that the [defendant's declaration] logically links...
Shelton v. Astrue, No. 5:12cv00009, 2013 WL 278617 (W.D. Va. Jan. 24, 2013)
Re: Request for records pertaining to plaintiff
Disposition: Dismissing plaintiff's claim for failure to exhaust administrative remedies
- Exhaustion: Plaintiff "failed to appeal the agency response and deliberately elected instead to file a new" FOIA request. "Given this deliberate and undisputed failure to exhaust his administrative remedy, [plaintiff's] request for Court review of the...
Assadi v. U.S. Citizenship and Immigration Servs., No. 12 Civ 1374(RLE), 2013 WL 230126 (S.D.N.Y. Jan. 22, 2013) (Ellis, Mag. J.)
Re: Request for records relating to communications between defendant and certain American embassies, and relating to plaintiff or plaintiff's law firm
Disposition: Granting defendant's motion for partial summary judgment
- Exemption 5/Deliberative Process Privilege: The court determines that the deliberative process privilege was correctly applied to protect the Summary of Findings (SOF)...
Lakin v. DOJ, No. 11-594, 2013 WL 210878 (D.D.C. Jan. 20, 2013) (Sullivan J.)
Re: Request for records pertaining to plaintiff
Disposition: Granting defendant's motion for summary judgment on exhaustion grounds
- Exhaustion: The court finds that plaintiff failed to exhaust his administrative remedies when his appeal was received ten days after the sixty-day deadline. The court rejects plaintiff's contention that the "prisoner's mailbox rule' renders his appeal timely...
Delorme v. EOUSA, No. 12-0535, 2013 U.S. Dist. LEXIS 7672 (D.D.C. Jan. 18, 2013) (Huvelle, J.)
Re: First party request for records on self and criminal case; EOUSA filed supplemental declaration as directed by court because plaintiff claimed that he did not receive two discs
Disposition: Granting EOUSA's motion for summary judgment
- Adequacy of Search: The court notes that EOUSA's declarant "'confirmed with the FBI that the discs were included in EOUSA's referral of documents to the FBI...
Roman v. CIA, No. 11-CV-5944, 2013 WL 210224 (E.D.N.Y. Jan. 18, 2013) (Bianco, J.)
Re: Request for various records on the "Arch of the Covenant," Remote Viewers Program, Stargate Collection, a named third party's experiences with the Arch of the Covenant or with angels or persons dressed in white, and other "reports of angels and persons dressed in white."
Disposition: Granting CIA's motion for summary judgment
- Jurisdiction: The court opines "that a failure to exhaust an...
Life Extension Found. v. IRS, No. 12-280, 2013 WL 171086 (D.D.C. Jan. 16, 2013) (Leon, J.)
Re: Request for records from an examination file related to a recent audit of plaintiff
Disposition: Granting IRS's motion for summary judgment
- Exemption 3: The court finds that the IRS properly withheld documents under Exemption 3 pursuant to 26 U.S.C. § 6103(a). This provision states "that tax '[r]eturns and return information shall be confidential,' and 'no officer or employee of the...
Surgick v. Cirella, No. 12-3475, 2013WL 142704 (3d Cir. Jan. 14, 2013) (per curiam)
Re: Request for records concerning a third party's estate and investment interests as well as the tax records of a private business
Disposition: Affirming district court's grant of summary judgment in favor of IRS
- Adequacy of Search: The court concludes that "[b]ased on the record in this case, the Service established that it complied with its duty to conduct an adequate search of its...