Gilmore
Gilmore v. U.S. Department of Energy
Opinion
Opinion
Orrick, J.
OPINION AND ORDER
In this action brought by John Gilmore (“Gilmore”) against the United States Department of Energy (“DOE”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 , the Court has previously granted summary judgment for the DOE on a number of Gilmore’s claims. The DOE now moves to dismiss the remainder of the action for lack of subject matter jurisdiction and lack of standing or, alternatively, to limit the relief sought in Gilmore’s proposed injunction. Gilmore has filed a cross-motion for summary judgment on the issues of subject matter jurisdiction and standing. For the reasons set forth hereinafter, the DOE’s motion is denied in its entirety, and Gilmore’s motion for summary judgment on the issues of subject matter jurisdiction and standing is granted.
I.
On December 8, 1993, Gilmore filed a FOIA request with the DOE. Gilmore requested access to all agency records pertaining to the CLERVER conferencing technology, which allows people in different geographical locations to simultaneously collaborate on complex technical drawings and schematics using their desktop computers. By letter dated May 2, 1994, the DOE denied Gilmore’s request in its entirety.…