Zynovieva v. U.S. Dep’t of State, No. 23-5120, 2024 WL 1946592 (D.C. Cir. Apr. 30, 2024) (per curium)

Zynovieva v. U.S. Dep’t of State, No. 23-5120, 2024 WL 1946592 (D.C. Cir. Apr. 30, 2024) (per curium)

Re:  Request for records concerning requester

Disposition:  Granting government’s motion for summary affirmance of district court’s denial of plaintiff’s motion for attorney fees and costs

• Litigation Considerations, Standard of Review; Attorney Fees, Eligibility:  The Court of Appeals for the District of Columbia Circuit holds that “[it] reviews the district court’s decision about [FOIA] fee eligibility de novo to the extent it is based on ‘an interpretation of the statutory terms that define eligibility for an award,’ and for clear error to the extent it is based on a finding of fact.”  The court finds that, “[f]irst, the district court correctly concluded that appellant’s receipt of a Vaughn index from the government is insufficient to show that she ‘substantially prevailed’ in her FOIA case.”  “Additionally, the district court properly concluded that appellant had not demonstrated fee eligibility based on the government’s release of her three visa application forms.”  “‘[T]he mere filing of the complaint and the subsequent release of the documents’ does not show that appellant obtained relief through ‘a voluntary or unilateral change in position by the agency.’”  “And the district court did not clearly err in its factual finding that the parties communicated about the FOIA request before appellant filed her suit.”  “Because appellant has not shown that she was eligible for attorney’s fees, the court need not determine whether she would have been entitled to them if she had demonstrated eligibility.”