Case Detail

FOIA Project Annotation: A federal court in Kentucky has ruled that Texas Roadhouse has failed to exhaust its administrative remedies pertaining to three requests it made to the Equal Employment Opportunity Commission for records concerning the agency's expenses in pursuing litigation against the company, as well as a fourth request concerning agency salary and hiring practices. Texas Roadhouse filed suit before the agency responded to its first three requests. The agency responded ten days later by withholding certain records. Texas Roadhouse then submitted its fourth request and the agency estimated it would cost $24,000 and asked Texas Roadhouse to narrow the request. Texas Roadhouse refused to do so and instead amended its complaint to include the fourth request as well. The agency argued Texas Roadhouse had failed to exhaust its administrative remedies because it had failed to file an administrative appeal, while Texas Roadhouse claimed it had constructively exhausted its administrative remedies because the agency responded after it had filed suit. However, the court found that Texas Roadhouse's decision to amend its complaint required the company to administratively challenge the agency's search and exemption claims at that point. Because there was some confusion about whether or not Texas Roadhouse had received the agency's cost estimate for its fourth request, the court allowed Texas Roadhouse to respond to the cost estimate and administratively appeal the claim.
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2014-09-30	1	COMPLAINT FOR INJUNCTIVE RELIEF against Equal Employment Opportunity Commission Filing fee $ 400, receipt number 0644-1886147, filed by Texas Roadhouse, Inc., Texas Roadhouse Holdings LLC, Texas Roadhouse Management Corp.. (Attachments: # 1 Cover Sheet, # 2 Exhibit A - Seyfarth Shaw Letter, # 3 Exhibit B- EEOC Letter, # 4 Exhibit C- E-mail Exchange, # 5 Exhibit D- E-mail Exchange, # 6 Exhibit E- E-mail from EEOC, # 7 Exhibit F- Seyfarth Shaw Letter, # 8 Exhibit G- E-mail Exchange, # 9 Exhibit H- Seyfarth Shaw Letter, # 10 Exhibit I- EEOC Letter, # 11 Exhibit J- Seyfarth Shaw Letter) (DJT) (Entered: 09/30/2014)
2014-09-30	2	Case Assignment (Random Selection): Case Assigned to Chief Judge Joseph H. McKinley, Jr. Magistrate designation: James D. Moyer. (DJT) (Entered: 09/30/2014)
2014-09-30	3	Summons Issued as to Equal Employment Opportunity Commission. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DJT) (Entered: 09/30/2014)
2014-09-30	4	ORDER (EBOC) by Chief Judge Joseph H. McKinley, Jr on 9/30/14: This action is hereby REFERRED to the Honorable JAMES D. MOYER, United States Magistrate Judge, for determination of non-dispositive matters pursuant to Title 28, U.S.C. § 636(b)(1)(A). Said Magistrate is empowered to conduct any hearings necessary for their resolution. cc:counsel (DJT) (Entered: 09/30/2014)
2014-12-05	5	AMENDED COMPLAINT against Equal Employment Opportunity Commission, filed by Texas Roadhouse, Inc., Texas Roadhouse Holdings LLC, Texas Roadhouse Management Corp.. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit EEOC Response) (Pence, Stephen) (Entered: 12/05/2014)
2014-12-18	6	MOTION to Dismiss for Lack of Jurisdiction or in the alternative , MOTION for Summary Judgment by Defendant Equal Employment Opportunity Commission Responses due by 1/12/2015 (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order) (Jackson, Colleen) (Entered: 12/18/2014)
2015-01-03	7	ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to General Order 2014-16, Referral within this case is reassigned to United States Magistrate Judge Colin H. Lindsay.cc:counsel (MLG) (Entered: 01/03/2015)
2015-01-06	8	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Plaintiff Texas Roadhouse Holdings LLC Responses due by 1/16/2015 (Attachments: # 1 Proposed Order) (Pence, Stephen) (Entered: 01/06/2015)
2015-01-16	9	RESPONSE to Motion re 6 MOTION to Dismiss for Lack of Jurisdiction or in the alternative, MOTION for Summary Judgment filed by Texas Roadhouse Holdings LLC. Replies due by 2/2/2015. (Attachments: # 1 Affidavit Chris DeGroff) (Pence, Stephen) (Additional attachment(s) added on 1/21/2015: # 2 Proposed Order) (DJT). (Entered: 01/16/2015)
2015-01-20	10	NOTICE of Filing by Texas Roadhouse Holdings LLC re 9 Response to Motion (Pence, Stephen) (Entered: 01/20/2015)
2015-01-22	11	ORDER granting 8 Motion for Extension of Time to File Response/Reply; Signed by Magistrate Judge Colin H. Lindsay on 1/21/15: Plaintiffs shall have up to and including 1/16/2015 in which to file a response to the Defendants motion to dismiss. cc: Counsel (DJT) (Entered: 01/22/2015)
2015-02-02	12	REPLY to Response to Motion re 6 MOTION to Dismiss for Lack of Jurisdiction EEOC's Reply to Plaintiffs' Opposition to Motion to Dismiss filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order) (Jackson, Colleen) (Entered: 02/02/2015)
2015-03-03	13	MEMORANDUM OPINION AND ORDER granting 6 Motion to Dismiss for Lack of Jurisdiction; Signed by Chief Judge Joseph H. McKinley, Jr on 3/3/15: The motion by Defendant, Equal Employment Opportunity Commission, to dismiss the case pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction or, in the alternative, for summary judgment under Fed. R. Civ. P. 56 DN 6 is GRANTED. The Court dismisses Plaintiffs' FOIA claims without prejudice to refiling such claims after administrative remedies have been exhausted. Plaintiffs may pursue administrative appeals from the EEOC's responses related to the first three FOIA requests within 60 days from the entry of this opinion. cc: Counsel (DJT) (Entered: 03/03/2015)
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