SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Civil Division
WILLIAM A. JACOBSON, D/B/A
LEGAL INSURRECTION BLOG
Plaintiff,

2013 CA 003283 B
Judge Natalia M. Combs Greene

v.
DISTRICT OF COLUMBIA,
DISTRICT OF COLUMBIA
METROPOLITAN POLICE DEPARTMENT.
Defendants.
ORDER
This matter is before the Court on Defendants Motion to Dismiss (the Motion), the
Opposition and Reply thereto. Upon consideration, the Motion is denied in part without
prejudice.
This case arises as a result of a Freedom of Information Act (the FOIA) request made
by Plaintiff d/b/a/ Legal Insurrection Blog and the District of Columbia and Metropolitan
Police Departments response to the FOIA request. The District of Columbia moves the Court to
dismiss the matter as moot arguing that it has produced all documents or portions thereof
requested by Plaintiff--the release of which is permitted by law. Plaintiff argues that that the
Court retains jurisdiction as the matter has not been rendered moot merely because Defendants
claim they have complied with the request. Plaintiff also argues that Defendant did not attempt
to meet and confer prior to filing the Motion as Plaintiff may have agreed with Defendants
regarding some portions of documents such as the telephone numbers of members of the public.
The Court is largely in agreement with the arguments advance by Plaintiff. The Court
fails to appreciate Defendants argument that the case has been rendered moot merely because
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they claim they have fully complied in, a timely fashion (a representation with which Plaintiff
disagrees), by production of all of the documents (or portions thereof) to which Plaintiff is
entitled. As noted by Plaintiff, Defendants did not provide affidavit(s) to support the claim that a
full and thorough search for responsive documents was made and the date(s) on which any such
searches took place.
Defendant the Metropolitan Police Department claims that it is non-sui juris and the case
should be dismissed as to it. Plaintiff disagrees that the MPD is non-sui juris however it his
Opposition indicates that he has no objection to the District of Columbia being substituted in for
the MPD and the Office of the Attorney General (the OAG).1 Given that Plaintiff has no
objection to the substitution, the Court need not reach the merits of this argument and will
substitute the District of Columbia as the Defendant for the OAG and the MPD in this case. In
this regard, the Defendants Motion is granted.
The Court finds that it retains jurisdiction to hear this matter as there is no agreement by
the parties that Defendant has satisfied its burden in this case. The Court also finds that it would
be beneficial for the parties to meet and confer to better understand which if any documents
remain outstanding and which, if any, documents remain to be produced. In addition, Defendant
shall be prepared at the time of the meeting to provide Plaintiff with affidavit(s) concerning the
search for responsive documents. The parties shall meet and confer no later than ten (10) days
after the date of this Order. To the extent any of this information needs to updated after the
meeting, it shall be updated. The parties shall appear, as currently scheduled, on April 4, 2014 at
9:30 a.m. before Judge Okun. Plaintiff shall be prepared to explain why he is entitled to the
Affidavit prepared in support of the arrest warrant given the circumstances of this case.
Defendant shall have sixty days from the date of the meet and confer session to answer or
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Defendants did not argue that the Office of the Attorney General is non- sui juris.

otherwise respond to the Complaint. In the event the parties are unable to meet and confer
within ten (10) days of the date of this Order, they shall make every effort to do so prior to the
status hearing before Judge Okun in preparation to inform the Court at that time of the status of
the case. Accordingly, it is this 27th day of February 2014 hereby
ORDERED that the Motion is GRANTED IN PART AND DENIED IN PART
CONSISTENT WITH THIS ORDER. It is further,
ORDERED that the parties shall appear for status before Judge Okun on April 4, 2014 at
9:30 a.m. It is further,
ORDERED that Defendants reply in this matter is hereby accepted as filed.
SO ORDERED.

Natalia M. Combs Greene

(Signed in Chambers)
Copies to:
The Honorable Robert Okun
Grace Graham, Edquire
Chief, Equity Section
441 Fourth Street, NW
Sixth Floor South
Washington, D.C. 20001
Melissa Baker, Esquire
Assistant Attorney General, D.C.
441 Fourth Street, NW
Sixth Floor South
Washington, D.C. 20001
James F. Peterson, Esquire
Ramona R. Cotca, Esquire
425 Third Street, S.W.
Suite 800
Washington, D.C. 20024
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