Lovelace v. DOJ, No. 22-817, 2024 WL 3358652 (D. Utah July 9, 2024) (Nielson, Jr., J.)

Lovelace v. DOJ, No. 22-817, 2024 WL 3358652 (D. Utah July 9, 2024) (Nielson, Jr., J.)

Re:  Request for records concerning plaintiff and certain third parties

Disposition:  Granting defendant’s motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that “the Government has in this case submitted evidence that [plaintiff] was repeatedly instructed that she needed to file an administrative appeal with OIP if she wished to dispute the FBI’s FOIA determination but never did so.”  “And [plaintiff] has failed to identify any evidence that she ever submitted an appeal to OIP.”  “The court thus concludes ‘that there is no genuine dispute as to any material fact’ and that the Government ‘is entitled to judgment as a matter of law.’”  “The court accordingly grants summary judgment for the Government.”