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Freedom of Information Act | Rhode Island
Order on Motion to Dismiss
Text Order. Before the Court are Defendants' Motions to Dismiss this matter with prejudice as moot. (ECF Nos. 16 , 19 .) The Town of Bristol sued TSA and RITBA under federal and state law to compel the release of an inspection report related to the Mount Hope Bridge. The parties agree that the eventual production of the report "mooted Bristol's claim for disclosure under FOIA" but disagree on how to proceed with Bristol's claims for attorneys' fees under federal and state law. (ECF No. 18 at 2.) Even when a plaintiff "substantially prevailed" by "a voluntary or unilateral change in position by the agency" to produce the information requested thus rendering the substance of a FOIA claim moot, the Court retains equitable jurisdiction to adjudicate the attorneys' fee claim. See 5 U.S.C. § 552(a)(4)(E)(ii)(II), Pakovich v. Verizon LTD Plan, 653 F.3d 488, 493 (7th Cir. 2011); Cohen v. United States Dep't of Homeland Sec., No. 24-24368-CIV, 2026 WL 1180967, at *2 (S.D. Fla. Mar. 17, 2026). Such is the case here, where Defendants produced the report Bristol sought nine months earlier. The Court GRANTS Defendants' Motions to Dismiss Plaintiff's claims as moot (ECF Nos. 16 ; 19 ) but retains jurisdiction to adjudicate the remaining fee claims. All subsequent motions and filings regarding costs shall be filed in accordance with Fed. R. Civ. P. 54 and DRI LR Cv. 54. So Ordered by District Judge Mary S. McElroy on 8/11/2026. (Potter, Carrie)
Environmental Matters | Rhode Island
Order on Motion in Limine
TEXT ORDER: Defendants' Expedited Motion in Limine to Exclude (ECF No. 361) is DENIED. A review of the Amended Complaint and the NOIs (see ECF No. 366-1) shows that the expert opinions that the Defendant seek to exclude were sufficiently disclosed by the Plaintiff. So Ordered by Chief Judge John J. McConnell, Jr. on 8/7/2026. (Simoncelli, Michael)
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