Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Braun v. Office of Management And Budget

United States District Court, District of Columbia

March 20, 2018

DAVID S. BRAUN, Plaintiff,
v.
OFFICE OF MANAGEMENT AND BUDGET, Defendant.

          MEMORANDUM OPINION

          Emmet G. Sullivan United States District Judge

         Plaintiff, David Steven Braun, alleges that defendant, Office of Management and Budget (“OMB”), must be compelled to “process and settle” four claims that Mr. Braun has submitted to federal agencies requesting various forms of relief. Mr. Braun asserts that such an order would be proper under the Barring Act, 31 U.S.C. § 3702(a)(4), which he submits requires the federal government to settle all claims.

         Pending before the court are three motions. First, OMB moves to dismiss Mr. Braun's claims pursuant to Federal Rule of Civil Procedure 12(b)(6). See Def.'s Mot. to Dismiss, ECF No. 12. Second, Mr. Braun asks that the Court order OMB to process one of his four claims “independently from the other three.” See Pl.'s Mot. to Process Fourth Claim, ECF No. 15. Third, Mr. Braun requests that the Court schedule a Rule 16 conference so that the parties can move toward summary judgment. See Pl.'s Mot. for a Rule 16(b)(1)(B) Conf., ECF No. 17. For the following reasons, the Court GRANTS OMB's motion to dismiss, and DENIES Mr. Braun's motion to process the fourth claim and motion for a Rule 16 conference as moot.

         I. BACKGROUND

         A. Factual Background

         Mr. Braun asserts that the basis of this lawsuit are four claims that he has submitted to various agencies. See Compl., ECF No. 1 at 1.[1] Specifically, he points to the following four claims:

a. Claim Exhibit 1 shows the submission of a claim based on a [National Security Agency] record request denial. This falls under the Privacy Act.
b. Claim Exhibit 2 shows a claim submission based on a [Federal Communications Commission] record request denial. This claim is governed buy[2] the Privacy Act.
c. Claim Exhibit 3 shows a claim submission based on a [Federal Bureau of Investigation] record request denial. This claim is Governed buy the Privacy Act.
d. Claim Exhibit 4 shows a claim that was based on add hock court cases and tort submissions as well as one privacy act case. This was small and intended to be processed easily and quickly.

Compl. ¶ 1, ECF No. 1 at 2.

         Mr. Braun also attaches 33 pages of exhibits to his complaint. See ECF No. 1-1. Mr. Braun's exhibits indicate that the first claim at issue in this lawsuit was created “when the [National Security Agency] FOIA/PA office denied [his] record request for result of investigation/contacts” that he had made to that agency. Compl. Ex. 1, ECF No. 1-1 at 1. Mr. Braun states that he “did notify the agency that [he] believed [he] had a claim with a standard form 95 on 2/3/2014.” Id.[3] Mr. Braun acknowledges that a magistrate judge in a federal civil suit related to his records request to the National Security Agency dismissed Mr. Braun's case after finding that the records were properly withheld by the agency. Id.

         Mr. Braun's second claim was submitted to OMB as an “official request to initiate a settlement/claim against the U.S. government for correcting the liability that was created when the [Federal Communications Commission] Denied [his] [FOIA] request's for results off investigation from the consumer call Center and [Federal Communications Commission] Enforcement.” Compl. Ex. 2, ECF 1-1 at 2. Mr. Braun again acknowledges that a federal court upheld the agency's denial of his record request. Id. Mr. Braun further asserts that, after the denial of his request, he submitted a claim on Standard Form 95 to the Federal Communications Commission in which he had requested $300, 000 “a month for life in financial assistance.” Id.

         Mr. Braun's third claim was also submitted to OMB. This claim related to the Federal Bureau of Investigation's denial of a “records request for all off the results for requested criminal investigations.” Compl. Ex. 3, ECF No. 1-1 at 3. Mr. Braun again acknowledges that a federal court found that the records were properly withheld and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.