Case Detail

FOIA Project Annotation: A federal court in Florida has ruled that the Florida Federal Judicial Nominating Commission, created by Sen. Marco Rubio (R-FL) and then-Sen. Bill Nelson (D-FL) to provide input on federal judicial nominations, is not an agency for purposes of FOIA. Joshua Statton requested records from the Commission and when it failed to respond, he filed suit against the Commission and its director, Carlos Lopez-Cantera. The Commission argued from the beginning that it did not meet the statutory criteria to be considered an agency for purposes of the FOIA. The court agreed, noting that "the FFJNC was created by two Senators to assist them with their duties, but 'the fact that federal interests are implicated by the activities of the [FFJNC] does not transform [it] into a federal entity [as defined by] the APA.' Nor does the fact that the Senators created the FFJNC and appointed its members mean it is an authority of the federal government. Relatedly, the FFJNC was formed by the Senators on their own initiative; it was not established �" or even authorized �" by statute." Statton argued that the FFJNC was an agency because "it is an extension or an establishment in the executive branch. Statton contends that the FFJNC assists the President with his constitutional duty to nominate federal judges under the Appointments Clause." Rejecting Statton's claim, the court pointed out that "despite Statton's contention that the FFJNC assists the President, the FFNJC in fact assists the Senators who created it."
Issues: Agency - Federal

Date Filed	Doc #	Docket Text
2019-02-25	1	COMPLAINT against Florida Federal Judicial Nominating Commission, Carlos Lopez-Cantera Filing fee $ 400, receipt number TPA055441 filed by Joshua Statton. (Attachments: # 1 Exhibit 1-4, # 2 Civil Cover Sheet)(JCG) (Entered: 02/26/2019)
2019-02-25	2	SUMMONS issued as to Florida Federal Judicial Nominating Commission, Carlos Lopez-Cantera. (JCG) (Entered: 02/26/2019)
2019-02-25	3	MOTION for miscellaneous relief, specifically permission to e-file by Joshua Statton. (JCG) (Entered: 02/26/2019)
2019-02-27	4	ORDER: Pro se Plaintiff Joshua Statton's Motion for Permission to E-File (Doc. # 3 ) is GRANTED. Statton is directed to register for a CM/ECF account (login and password) with the assistance of the Clerk's Office as detailed herein. Signed by Judge Virginia M. Hernandez Covington on 2/27/2019. (DLB) (Entered: 02/27/2019)
2019-03-05	5	NOTICE by Joshua Statton re 1 Complaint (Attachments: # 1 Exhibit 1: Quo Warranto, # 2 Exhibit 2: Affidavit of Non-service)(Statton, Joshua) (Entered: 03/05/2019)
2019-03-06	6	RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 3/6/2019. (TWL) (Entered: 03/06/2019)
2019-03-29	7	MOTION to Dismiss For Failure to State a Cause of Action with Prejudice by Florida Federal Judicial Nominating Commission, Carlos Lopez-Cantera. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Collins, Leonard) (Entered: 03/29/2019)
2019-03-31	8	RESPONSE in Opposition re 7 MOTION to Dismiss For Failure to State a Cause of Action with Prejudice filed by Joshua Statton. (Statton, Joshua) (Entered: 03/31/2019)
2019-04-01	9	ORDER: Defendant Carlos Lopez-Cantera is directed to reply to Plaintiff Joshua Statton's response (Doc. # 8 ) by April 8, 2019, as provided herein. Signed by Judge Virginia M. Hernandez Covington on 4/1/2019. (DLB) (Entered: 04/01/2019)
2019-04-05	10	REPLY to Response to Motion re 7 MOTION to Dismiss For Failure to State a Cause of Action with Prejudice : Defendant Carlos Lopez Cantera's Reply to Plaintiff's Response to Motion to Dismiss filed by Carlos Lopez-Cantera. (Attachments: # 1 Exhibit 1)(Collins, Leonard) (Entered: 04/05/2019)
2019-04-07	11	MOTION for leave to file Sur-Reply by Joshua Statton. (Statton, Joshua) (Entered: 04/07/2019)
2019-04-22	12	ORDER: Defendant Carlos Lopez-Cantera's Motion to Dismiss (Doc. # 7 ) is GRANTED. Plaintiff Joshua Statton's Motion for Leave to File Sur-Reply (Doc. # 11 ) is DENIED AS MOOT. Statton's Complaint (Doc. # 1 ) is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 4/22/2019. (DLB) (Entered: 04/22/2019)
Hide Docket Events