Sakamoto

Sakamoto v. United States Environmental Protection Agency

Good Law
443 F. Supp. 2d 1182·2006 WL 2067848·2006 U.S. Dist. LEXIS 54508
United States District Court, Northern District of CaliforniaJuly 24, 2006C 05-4019 SICalifornia7,451 words

Opinion

Opinion

Illston, J.

ORDER RE: PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT.

On June 9, 2006, the Court heard oral argument on the parties’ cross-motions for summary judgment. After careful consideration of the parties’ papers and arguments, the Court enters the following order.

BACKGROUND

Plaintiff filed this lawsuit pursuant to the Freedom of Information Act, seeking information responsive to five requests she submitted to the U.S. Environmental Protection Agency dated September 3, 2004, January 21, 2005, two dated July 20, 2005, and September 30, 2005. Defendant contends that it has produced all non-exempt, responsive documents. Currently pending before the Court are the parties’ cross-motions for summary judgment, and plaintiffs motion to amend the complaint to add a claim concerning an April 24, 2006 FOIA request. Plaintiffs motion to amend the complaint was filed on May 26, 2006, after the summary judgment motions were fully briefed.

LEGAL STANDARD

Summary adjudication is proper when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as…

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