Am. Ctr. for Law & Justice v. U.S. Dep't of State

289 F. Supp. 3d 81
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 30, 2018
DocketCivil Action No. 16–2516 (JEB)
StatusPublished
Cited by11 cases

This text of 289 F. Supp. 3d 81 (Am. Ctr. for Law & Justice v. U.S. Dep't of State) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Am. Ctr. for Law & Justice v. U.S. Dep't of State, 289 F. Supp. 3d 81 (D.C. Cir. 2018).

Opinion

JAMES E. BOASBERG, United States District Judge

Although the Freedom of Information Act requires agencies to issue decisions on requests for documents within twenty working days, few departments consistently meet this deadline. Plaintiff American Center for Law and Justice believes that the State Department, in fact, has an actual policy or practice of not complying until the requester brings suit. In this case, ACLJ both seeks specific documents and asserts such a policy-or-practice claim. This Court initially dismissed the latter count without prejudice, but allowed Plaintiff to file an Amended Complaint. Once ACLJ did so, the Court permitted the claim to proceed, despite a renewed Motion to Dismiss. State now moves for partial summary judgment on this count alone. Concluding that the third time is the charm for Defendant, the Court grants the Motion.

*85I. Background

The Court has already laid out the facts of the case in its prior Opinions, but briefly recounts background relevant to the specific question at issue here. See Am. Ctr. for Law & Justice v. Dep't of State, 249 F.Supp.3d 275 (D.D.C. 2017) ( ACLJ I ); Am. Ctr. for Law & Justice v. Dep't of State, 254 F.Supp.3d 221 (D.D.C. 2017) ( ACLJ II ). On July 25, 2016, Plaintiff, a non-profit organization focused on governmental accountability, submitted a FOIA request to State for certain documents relating to its funding of a political organization that opposed Israeli Prime Minister Benjamin Netanyahu. See ECF No. 28 (Amended Complaint), ¶ 7. Three days later, the agency sent ACLJ a letter acknowledging receipt of the request. The letter also provided the Case Control Number, granted ACLJ's request for a fee waiver, and denied its request for expedited processing. Id., Exh. B at 1. It concluded by warning Plaintiff that "[u]nusual circumstances ... may arise that would require additional time to process [the] request," but informing it that State would "notify [it] as soon as responsive material has been retrieved and reviewed." Id.

After five months of vainly waiting for such notification, Plaintiff filed this two-count suit, alleging that the Department (1) violated FOIA by not issuing a determination on its request within the statutorily mandated twenty days, and (2) has a policy or practice of flouting its FOIA obligations until requesters initiate litigation. See ECF No. 1 (Complaint), ¶¶ 24, 40. State moved to dismiss this second count, which was premised on at least seven instances where it did not provide requested documents until ACLJ filed a lawsuit. See Opp., Attach. 1 (Plaintiff Statement of Additional Material Facts), ¶ 2. The Court granted the Motion, finding that ACLJ had not pled a specific policy or practice that resulted in repeated violations of FOIA. ACLJ I, 249 F.Supp.3d at 282. Because the Court dismissed without prejudice, ACLJ went back to the drawing board and sought to amend its Complaint.

According to the revised Complaint, Defendant engages in an "impermissible practice, policy, and pattern of refusing to issue a determination and/or produce responsive documents unless and until Plaintiff files suit." Am. Compl., ¶ 91. This second pitch, the Court found, had "patch[ed] the[ ] potholes" in the earlier Complaint. ACLJ II, 254 F.Supp.3d at 226-27. This time around, ACLJ had "explicitly articulate[d] that the policy or practice is State's refusal to respond unless and until suit is brought," an allegation that "no longer gesture[d] at some nebulous policy or practice." Id. at 227. The Court, accordingly, granted Plaintiff's Motion for Leave to File an Amended Complaint.

State now takes a third swing at ACLJ's policy-or-practice claim, arguing that the policy of which ACLJ complains simply does not exist. The Department does not deny that it has trouble meeting its FOIA deadlines, but asserts that any delay is an unavoidable consequence of increased FOIA obligations and limited resources. Plaintiff opposes the Motion and concomitantly filed its own Motion for Discovery pursuant to Federal Rule of Procedure 56(d). Both Motions are now ripe.

II. Legal Standard

Summary judgment may be granted if "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ; Holcomb v. Powell, 433 F.3d 889, 895 (D.C. Cir. 2006). A fact is "material" if it is capable of affecting the substantive *86outcome of the litigation. See Liberty Lobby, 477 U.S. at 248, 106 S.Ct. 2505 ; Holcomb, 433 F.3d at 895. A dispute is "genuine" if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769,

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Bluebook (online)
289 F. Supp. 3d 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/am-ctr-for-law-justice-v-us-dept-of-state-cadc-2018.