Aguirre

I. INTRODUCTION

18 Pending before the Court is Defendant United States Nuclear Regulatory 19 Commission’s (“Defendant” or “NRC”) motion to dismiss Plaintiff’s complaint, or 20 alternatively, for summary judgment (“Motion”). (ECF No. 5). The Motion has been fully 21 briefed. (ECF Nos. 5, 6, 7, 12, 13). Having considered the parties’ submissions, the Court 22 GRANTS in part, and DENIES in part Defendant’s Motion.

II. PROCEDURAL BACKGROUND

24 In 2019, Plaintiff Michael J. Aguirre (“Plaintiff”) filed three lawsuits in the Southern 25 District of California challenging Defendant’s response to four of Plaintiff’s Freedom of 26 Information Act (“FOIA”) requests. (ECF No. 5-1 at ¶ 3). In each of those lawsuits, 27 judgment was granted in favor of Defendant. Id. In a consolidated appeal, the Ninth Circuit 28 affirmed judgment in favor of Defendant. Id. On January 20, 2022, Plaintiff filed a complaint against Defendant for declaratory judgment and production of FOIA records. (ECF No. 1). On March 31, 2022, Defendant filed the instant Motion. (ECF No. 5). On June 1, 2022, Plaintiff filed an opposition to Defendant’s Motion, along with…