Court Decisions
Displaying 3491 - 3500 of 3539
Pub. Emps. For Envtl. Responsibility v. EPA, No. 12-748, 2013 WL 677672 (D.D.C. Feb. 26, 2013) (Collyer, J.)
Re: Request for a copy of report created by a consultant in response to an employee's allegations that his workplace environment was hostile
Disposition: Granting defendant's motion for summary judgment in part
- Jurisdiction:As an initial matter, the court decides that the only claim properly before it is Public Employees for Environmental Responsibility's [PEER's] FOIA claim. The employee...
Duhon v. Napolitano, No. 1:11cv334-HSO-RHW, 2013 WL 704894 (S.D. Miss. Feb. 26, 2013) (Ozerden, J.)
Disposition: Dismissing plaintiff's FOIA claim
- Litigation Considerations: Plaintiff's FOIA claim should be dismissed because she acknowledged that "she is 'no[t] seeking damages as to the Freedom of Information Act [claim].'"
Dillard v. DOJ, No. 2:12-cv-3875-JHH, 2013 WL 754781 (N.D. Ala. Feb. 25, 2013) (Hancock, J.)
Re: First party request for records on self
Disposition: Dismissing plaintiff's action without prejudice as frivolous for purposes of 28 U.S.C. § 1915(e)
- Exemption 7E: The court finds that "on the face of plaintiff's complaint and its exhibits, there is no violation of FOIA." The court notes that the letter attached to the complaint shows that plaintiff's request to the FBI was denied under...
Hainey v. Dep't of the Interior, No. 11-cv-1725, 2013 WL 659090 (D.D.C. Feb. 25, 20130 (Wilkins, J.)
Re: Request for records concerning vacancy announcements for specified time period
Disposition: Granting defendant's motion for summary judgment
- Personal knowledge requirement of declarant: The court rejects plaintiff's arguments that Interior provided a defective declaration because of "personal knowledge, competency, and hearsay objections." The court finds that Interior's declarant...
Velasquez v. DEA, No. 11-cv-0820-GPC-NLS, 2013 WL 686727 (S.D. Cal. Feb. 25, 2013) (Curiel, J.)
Re: First party request for laboratory reports related to plaintiff's conviction
Disposition: Granting defendants' motion to dismiss for lack of subject matter jurisdiction because the responsive records were already produced thus making plaintiff's claims moot
- Proper Party Defendant: The court dismisses plaintiff's claims against DEA's chief of the Freedom of Information Operations Unit...
Carter, Fullerton & Hayes v. FTC, No. 1:12-cv-448, 2013 U.S. Dist. LEXIS 24850 (E.D. Va. Feb. 21, 2013) (O'Grady, J.)
Re: Request for records relating to FTC's interactions with alcoholic beverage industry
Disposition: Denying defendant's motion for summary judgment
- Adequacy of the Search: The court finds that "[t]he agency's numerous missteps throughout the drawn out FOIA process raise significant doubts in the eyes of the Court that the FTC's search was reasonably calculated to uncover all responsive...
Menasha Corp. v. DOJ, No. 12-1720, 2013 WL 615326 (7th Cir. Feb. 20, 2013) (Posner, Cir. J.)
Re: Request for records exchanged between Environmental Enforcement Section and Environmental Defense Section of DOJ, concerning a Comprehensive Environmental Response, Compensation, and Liability Act suit and proposed consent decree
Disposition: Reversing district court's denial of defendant's motion for summary judgment
- Exemption 5/"Inter-Agency or Intra-Agency" Threshold Requirement: The...
Darnbrough v. U.S. Dep't of State, No. 11-1862 (EGS), 2013 WL 619773 (D.D.C. Feb. 20, 2013) (Sullivan, J.)
Re: Request for records relating to renunciation of plaintiff's United States citizenship
Disposition: Denying defendant's motion for summary judgment
- Exemption 3: Defendant withheld one document under Section 222(f) of the Immigration and Nationality Act, 8 U.S.C. § 1202(f), "which requires the withholding of information contained in the records of the Department of State pertaining to the...
Plunkett v. DOJ, No. 11-0341 (RWR), 2013 WL 628546 (D.D.C. Feb. 20, 2013) (Roberts, J.)
Re: Request for records about plaintiff
Disposition: Granting in part and denying in part defendant's motion for summary judgment
- Adequacy of Search: The court concludes that "a factual dispute exists on the adequacy of [defendant's] search" when the declarant "does not claim to have any personal knowledge about the search and he has not proffered" a declaration from the individual who...
Shelton v. Astrue, No. 5:12CV009, 2013 WL 603848 (W.D. Va. Feb. 19, 2013) (Urbanski, J.)
Re: unknown
Disposition: Adopting magistrate judge's recommendation to dismiss for failure to exhaust administrative remedies
- Exhaustion of Administrative Remedies: "The magistrate judge correctly concluded that no viable claim exists under…the [FOIA], as plaintiff failed to exhaust administrative remedies."