Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that SAE Productions does not have standing to litigate FOIA and Privacy Act claims stemming from requests made by Steven Emerson, president of SAE Productions. Emerson made several requests to the FBI for information about himself. But when suit was filed in the name of SAE Productions, the agency claimed the company could not litigate on behalf of the individual. Kollar-Kotelly noted that "although Plaintiff, as a corporation, may have an agent file a FOIA request on its behalf, the Court finds that Mr. Emerson did not adequately indicate that the FOIA Requests at issue here were made on the behalf of Plaintiff SAE Productions." She indicated that "the Complaint explicitly states that 'Emerson submitted' each of the three FOIA Requests, and provides no factual allegations that in doing so, Mr. Emerson identified or otherwise acknowledged that he was making such requests on behalf of Plaintiff." She added that "each of the three FOIA Requests states only that '[t]his is a request by Steven Emerson of SAE Productions.' As Plaintiff concedes, none of the FOIA Requests expressly state that Mr. Emerson was making the requests on behalf of SAE Productions." Although Emerson argued that there was adequate inference for the agency to understand that he was making the requests on behalf of SAE Productions, Kollar-Kotelly observed that "there is simply no language from which any such inference may be made. Indeed, to the contrary, each of the FOIA Requests was written strictly in the first-person, with references only to Mr. Emerson, thereby affirmatively suggesting that Mr. Emerson was in fact making the requests on his own behalf." She pointed out that "nowhere in the three FOIA Requests, however, does Mr. Emerson identify that he is President of SAE Productions. Indeed, the FOIA Requests do not provide any information indicating that Mr. Emerson is an agent with authority to act on behalf of SAE Productions. Moreover, Plaintiff cites no authority supporting its argument that the use of corporate letterhead, without more, is a sufficient indication that a FOIA request is being made on behalf of the corporation. . ." Kollar-Kotelly dismissed Emerson's Privacy Act claims as well. She noted that "it is [well] established that corporations and other organizations do not generally have any Privacy Act rights. Plaintiff, as a corporation, has no standing to bring claims pursuant to the Privacy Act."
Issues: Litigation - Jurisdiction - Proper Party

Date Filed	Doc #	Docket Text
2008-08-26	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 350, receipt number 4616014616) filed by SAE PRODUCTIONS, INC.. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 08/27/2008)
2008-08-26		SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 08/27/2008)
2008-09-04	2	ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly on September 4, 2008. (SM) (Entered: 09/04/2008)
2008-09-04	3	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SAE PRODUCTIONS, INC. (Moss, Bradley) (Entered: 09/04/2008)
2008-10-02	4	NOTICE of Appearance by Michelle Nicole Johnson on behalf of FEDERAL BUREAU OF INVESTIGATION (Johnson, Michelle) (Entered: 10/02/2008)
2008-10-02	5	Unopposed MOTION for Extension of Time to Respond to the Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Johnson, Michelle) (Entered: 10/02/2008)
2008-10-03		MINUTE ORDER granting 5 Defendant's Unopposed Motion for an Extension of Time to Respond to the Complaint. Accordingly, Defendant shall have until and including November 3, 2008, to respond to Plaintiff's Complaint. Signed by Judge Colleen Kollar-Kotelly on October 3, 2008. (SM) Modified on 10/6/2008 (nmw, ). (Entered: 10/03/2008)
2008-10-06		Set/Reset Deadlines: Answer/Response to complaint due by 11/3/2008, (gdf) (Entered: 10/06/2008)
2008-10-31	6	Unopposed MOTION for Extension of Time to Respond to the Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Johnson, Michelle) (Entered: 10/31/2008)
2008-11-04		MINUTE ORDER granting 6 Defendant's Unopposed Motion for an Extension of Time to Respond to the Complaint. Accordingly, Defendant shall have until and including November 10, 2008, to respond to the complaint. Signed by Judge Colleen Kollar-Kotelly on November 4, 2008. (SM) (Entered: 11/04/2008)
2008-11-08	7	MOTION to Dismiss or, in the Alternative , MOTION for Partial Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Declaration of David M. Hardy (& exhibits), # 3 Text of Proposed Order)(Johnson, Michelle) (Entered: 11/08/2008)
2008-11-08	8	MOTION for Extension of Time to File Motion for Summary Judgment Regarding Count I of the Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Johnson, Michelle) (Entered: 11/08/2008)
2008-11-10		MINUTE ORDER (paperless) GRANTING Defendant's Unopposed Motion 8 for an Extension of Time to File its Motion for Summary Judgment Regarding Count I of the Complaint. Accordingly, Defendant shall have up to and including December 5, 2008 to file its motion for summary judgment as to Count I of the Plaintiff's Complaint. Signed by Judge Colleen Kollar-Kotelly on November 10, 2008. (lcckk2) (Entered: 11/10/2008)
2008-11-20	9	MOTION for Extension of Time to Amend the Complaint or, in the Alternative , MOTION for Extension of Time to File Response/Reply by SAE PRODUCTIONS, INC. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 11/20/2008)
2008-11-21	10	NOTICE by FEDERAL BUREAU OF INVESTIGATION re 9 MOTION for Extension of Time to Amend the Complaint or, in the Alternative MOTION for Extension of Time to File Response/Reply (Johnson, Michelle) (Entered: 11/21/2008)
2008-11-22		MINUTE ORDER (paperless) GRANTING-IN-PART and DENYING-IN-PART Plaintiff's Motion 9 For an Extension of Time. Defendant has indicated that it does not oppose Plaintiff's request for an extension of time. See Def.'s Notice, Docket No. 10 . The Court notes, however, that Plaintiff has provided no explanation why it needs an additional three weeks to file its opposition to Defendant's Motion 7 to Dismiss, or in the Alternative, Motion for Partial Summary Judgment. Accordingly, the Court shall grant Plaintiff's request for an extension of time to file an opposition to Defendant's Motion, but only up to and including December 5, 2008. Defendant's reply, if any, shall be due on or before December 17, 2008. Plaintiff is advised that no further extensions shall be granted. Signed by Judge Colleen Kollar-Kotelly on November 22, 2008. (lcckk2) (Entered: 11/22/2008)
2008-12-01	11	Memorandum in opposition to re 9 MOTION for Extension of Time to Amend the Complaint or, in the Alternative MOTION for Extension of Time to File Response/Reply filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A (Nov. 17, 2008 requests), # 2 Text of Proposed Order)(Johnson, Michelle) (Entered: 12/01/2008)
2008-12-05	12	MOTION for Summary Judgment Regarding Count I of the Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration of David M. Hardy, # 2 Exhibit Nos. A-I, # 3 Exhibit J, # 4 Statement of Facts, # 5 Text of Proposed Order)(Johnson, Michelle) (Entered: 12/05/2008)
2008-12-05	13	Memorandum in opposition to re 7 MOTION to Dismiss or, in the Alternative MOTION for Partial Summary Judgment filed by SAE PRODUCTIONS, INC.. (Attachments: # 1 Declaration of Bradley P. Moss, Esq.)(Moss, Bradley) (Entered: 12/05/2008)
2008-12-08	14	ERRATA re 13 re Memorandum in opposition to re MOTION to Dismiss or, in the Alternative MOTION for Partial Summary Judgment by SAE PRODUCTIONS, INC.. (Attachments: # 1 Exhibit #1 - Response to Rule 7(h) Statement)(Moss, Bradley) Modified on 12/9/2008 (nmw, ). (Entered: 12/08/2008)
2008-12-15	15	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment Regarding Count I of the Complaint by SAE PRODUCTIONS, INC. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/15/2008)
2008-12-17	16	REPLY to opposition to motion re 7 MOTION to Dismiss or, in the Alternative MOTION for Partial Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Johnson, Michelle) (Entered: 12/17/2008)
2008-12-19	17	ORDER. Based on the reasoning set forth in an accompanying memorandum opinion, it is, this 19th day of December, 2008, hereby ORDERED that Defendant's 7 Motion to Dismiss pursuant to Rule 12(b)(1) as to Plaintiff's FOIA claims is GRANTED; it is further ORDERED that Plaintiff's claims made pursuant to the Privacy Act are sua sponte DISMISSED pursuant to Rule 12(b)(1); and it is further ORDERED that this case is dismissed in its entirety. Signed by Judge Colleen Kollar-Kotelly on December 19, 2008. (lcckk2) (Entered: 12/19/2008)
2008-12-19	18	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on December 19, 2008. (lcckk2) (Entered: 12/19/2008)
2008-12-19		MINUTE ORDER (paperless). In light of the Court's December 19, 2008 Order dismissing Plaintiff's Complaint in its entirety for lack of subject matter jurisdiction, Defendant's pending Motion 12 for Summary Judgment as to Count I of the Complaint and Plaintiff's pending 15 Motion for Extension of Time to File a Reply to Defendant's Motion for Summary Judgment as to Count I of the Complaint are DENIED AS MOOT. Signed by Judge Colleen Kollar-Kotelly on December 19, 2008. (lcckk2) (Entered: 12/19/2008)
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