Def. of Freedom Inst. for Pol’y Stud., Inc. v. U.S. Dep’t of Educ., No. 23-1515, 2024 WL 1174620 (M.D. Fla. Mar. 19, 2024) (Byron, J.)

Def. of Freedom Inst. for Pol’y Stud., Inc. v. U.S. Dep’t of Educ., No. 23-1515, 2024 WL 1174620 (M.D. Fla. Mar. 19, 2024) (Byron, J.)

Re:  Requests for records concerning Section 117 of the Higher Education Act

Disposition:  Granting defendant’s motion to dismiss for improper venue; directing Clerk of Court to transfer case to the District Court for the District of Columbia

• Litigation Consideration, Venue and Removal:  “Considering § 552(a)(4)(B) provides that venue for a FOIA action is always proper in the District of Columbia – and the fact that the FOIA requests have been pending for an extended period of time – the Court will transfer the matter accordingly in the interest of justice.”  The court finds that “Plaintiff does not make an argument that it maintains its principal place of business in the Middle District.”  “Instead, it argues that it has ‘substantial contacts,’ and thus ‘resides,’ in the Middle District because it ‘maintain[s] an office in Titusville, Florida’ where the ‘attorney with primary responsibility for all of its FOIA matters’ works and lives.”  “[Plaintiff] further contends it is ‘registered to business in Florida’ and pays taxes to the state.”  “Nevertheless, the Court does not find that such activity is sufficient to deem the Middle District [plaintiff’s] ‘principal place of business.’”  “In fact, as Defendant points out, [plaintiff] advertises – via its own letterhead, email correspondence, social media, and so forth – as if its principal place of business is in the District of Columbia.”