Burke v. Department of Justice

MEMORANDUM AND ORDER

O’CONNOR, District Judge.

The instant Freedom of Information Act litigation is now before the Court for determination of the defendants’ motion to dismiss for lack of subject matter jurisdiction. The defendants argue that the only relief available to the plaintiff under 5 U.S.C. § 552(a)(4)(B) is an order directing the production of the records sought; that the defendants have agreed to furnish said records to the plaintiff upon his payment of the costs of reproduction; and that because no further controversy exists between the parties, the Court is ousted of subject matter…