Court Decisions
Displaying 3561 - 3570 of 3585
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 the...
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 United...
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...
Morley v. CIA, No. 03-2545 (RJL), 2013 U.S. Dist. LEXIS 4636 (D.D.C. Jan. 11, 2013)
Re: Records pertaining to a deceased CIA officer
Disposition: Granting defendant's motion to dismiss as moot
- Mootness: The CIA previously withheld certain pieces of information under Exemptions 1, 2, and 3. After the Supreme Court issued its opinion in Milner v. Department of Navy, "our Circuit remanded the matter back to this Court so that the CIA could file a supplemental declaration...
Thyer v. DOJ, No. 12-0606 (RLW), 2013 U.S. Dist. LEXIS 4400 (D.D.C. Jan. 11, 2013) (Wilkins J.)
Re: Request for records pertaining to plaintiff
Disposition: Granting defendant's motion to dismiss
- Motion to Dismiss: The court grants the defendant's motion to dismiss "on the ground that plaintiff's FOIA claim is barred under the terms of her plea agreement." Plaintiff fully understood the terms of the agreement and the rights she waived and represents that she entered the agreement...