ELLEN SEGAL HUVELLE, United States District Judge.
Plaintiff Sai, proceeding pro se, brings this action against the U.S. Transportation Security Administration ("TSA") pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, and Privacy Act ("PA"), 5 U.S.C. § 552a. Before the Court is plaintiff's motion for a preliminary injunction mandating that TSA produce certain documents. (Mot., June 16, 2014 [Dkt. No. 20] at 1.) Upon consideration of plaintiff's motion, defendant's opposition, plaintiff's reply, and the entire record herein, the Court will deny plaintiff's motion.
According to his initial complaint,
By November 23, 2013, TSA had not provided plaintiff with formal responses to his ADA and Rehabilitation Act grievances. On that day, plaintiff filed an additional FOIA/PA request with the TSA FOIA division requesting
(E-mail from Pl. to TSA Office of Disability Policy & Outreach et al., Nov. 23, 2013 [Dkt. No. 29-3] at 11.)
A preliminary injunction grants "intermediate relief of the same character as that which may be granted finally." De Beers Consol. Mines v. United States, 325 U.S. 212, 220, 65 S.Ct. 1130, 89 L.Ed. 1566 (1945). It is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). The traditional preliminary injunction standard requires the district court to balance four familiar factors
Davis v. Pension Benefit Guar. Corp., 571 F.3d 1288, 1291 (D.C.Cir.2009). "[T]he movant has the burden to show that all four factors, taken together, weigh in favor of the injunction." Id. at 1292. But if the movant fails to demonstrate a likelihood of success on the merits, the court "need not consider the other factors." Greater New Orleans Fair Hous. Action Ctr. v. U.S. Dep't of Housing and Urban Dev., 639 F.3d 1078, 1089 (D.C.Cir.2011); accord Gilardi v. U.S. Dep't of Health & Human Servs., 733 F.3d 1208, 1211 (D.C.Cir.2013). Likewise, "since `[t]he basis of injunctive relief in the federal courts has always been irreparable harm,'" a court need not balance the other factors if the movant makes no showing of irreparable harm. CityFed Fin. Corp. v. Office of Thrift Supervision, 58 F.3d 738, 747 (D.C.Cir.1995) (quoting Sampson v. Murray, 415 U.S. 61, 88, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974)).
Moreover, where, as here, the injunction requested is a mandatory one that would require defendant to undertake "some positive act," the movant "must meet a higher standard than in the ordinary case by showing clearly that he or she is entitled to relief or that extreme or very serious damage will result from the denial of the injunction." Columbia Hosp. for Women Found., Inc. v. Bank of Tokyo-Mitsubishi Ltd., 15 F.Supp.2d 1, 4 (D.D.C.1997) (quotation marks omitted); accord Elec. Privacy Info. Ctr. v. Dep't of Justice (EPIC), 15 F.Supp.3d. 32, 39, 2014 WL 521544, *5 (D.D.C.2014).
Before proceeding to the merits, the Court must first assure itself that it has subject matter jurisdiction over plaintiff's motion. See NetworkIP, LLC v. FCC, 548 F.3d 116, 120 (D.C.Cir.2008). As a general rule, "a preliminary injunction
TSA argues that plaintiff's motion seeks relief beyond the scope of his initial complaint. (Opp'n at 4-5.) While plaintiff's complaint focuses primarily on his February and March 2013 FOIA/PA requests, plaintiff does specifically identify his November 2013 FOIA/PA request in the complaint and further alleges TSA's non-compliance with statutory deadlines as to that request. (See Compl. ¶¶ 95-104.) Moreover, plaintiff seeks in his complaint broad relief—including production of requested documents—as to "all" of his FOIA/PA requests. (See, e.g., id. ¶¶ 228-29, 232.) Construed liberally—as the court must—plaintiff's complaint seeks a court order requiring TSA to produce documents requested in his November 2013 FOIA/PA request. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) ("A document filed pro se is to be liberally construed and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." (internal quotation marks and citations omitted)). Thus, the Court concludes that the preliminary injunctive relief plaintiff now seeks falls within the scope of his initial complaint, and therefore the Court has subject matter jurisdiction over this motion.
Plaintiff's motion seeks fairly narrow relief. Plaintiff does not seek a preliminary injunction requiring expedited release of all documents responsive to his numerous FOIA/PA requests; nor does he even request an injunction requiring TSA's expedited release of all documents responsive to solely his November 2013 FOIA/PA request. (See Mot. at 1 n.2.) Instead, he seeks only TSA's "responses to [his] Rehabilitation Act grievances . . . regardless of their state of `review' or composition." (Id. at 1.)
Courts have on occasion issued preliminary injunctions requiring an agency's expedited release of responsive documents under FOIA. See Washington Post v. Dep't of Homeland Sec., 459 F.Supp.2d 61, 66 (D.D.C.2006) (collecting cases); Elec. Privacy Info. Ctr. v. Dep't of Justice, 416 F.Supp.2d 30, 35 (D.D.C.2006) (same); cf. Payne Enters. v. United States, 837 F.2d 486, 494 (D.C.Cir.1988) ("The FOIA imposes no limits on courts' equitable powers in enforcing its terms."). Even considering
While "[t]he concept of irreparable harm does not readily lend itself to definition," Judicial Watch, Inc. v. U.S. Dep't of Homeland Sec., 514 F.Supp.2d 7, 10 (D.D.C.2007), "it is undisputed that `[t]he irreparable injury requirement erects a very high bar for a movant.'" EPIC, 15 F.Supp.3d at 43, 2014 WL 521544, at *8 (quoting Coal. for Common Sense in Gov't Procurement v. United States, 576 F.Supp.2d 162, 168 (D.D.C. 2008)). In this regard, courts are guided by "several well known and indisputable principles." Wisconsin Gas Co. v. FERC, 758 F.2d 669, 674 (D.C.Cir.1985). "First, the injury must be both certain and great" and "actual and not theoretical." Id. Second, "economic loss does not, in and of itself, constitute irreparable harm." Id. Finally, the movant "must show `[t]he injury complained of is of such imminence that there is a `clear and present' need for equitable relief to prevent irreparable harm,'" and that the injury is in fact "beyond remediation." Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290, 297 (D.C.Cir.2006) (quoting Wisconsin Gas, 758 F.2d at 674).
Plaintiff's principal argument that he has been and continues to be irreparably harmed by TSA's failure to "timely" respond to his requests and produce responsive documents (Mot. at 3) is without merit. In effect, plaintiff would have this Court conclude any delay is "per se" irreparable harm. (Pl.'s Reply to TSA's Opp'n ("Reply"), July 2, 2014 [Dkt. No. 31] at 5.) But, as other courts have recognized, "there is no indication[] that our Circuit Court would sanction such a sweeping contention in the context of FOIA litigation." Judicial Watch, 514 F.Supp.2d at 10; see also EPIC, 15 F.Supp.3d at 44-46, 2014 WL 521544, at *9-10; Long v. Dep't of Homeland Sec., 436 F.Supp.2d 38, 43 (D.D.C.2006). Indeed, under FOIA, it is difficult for a plaintiff to demonstrate "irreparable harm" that is in fact "beyond remediation" because he is entitled to obtain all responsive and non-exempt documents at the conclusion of the litigation. See EPIC, 15 F.Supp.3d at 46, 2014 WL 521544, at *10; Judicial Watch, 514 F.Supp.2d at 10. "[A]lthough [a] plaintiff's desire to have [his] case decided in an expedited fashion is understandable, that desire, without more, is insufficient to constitute the irreparable harm necessary to justify the extraordinary relief" of a preliminary injunction. Judicial Watch, 514 F.Supp.2d at 10.
To be sure, a movant's general interest in timely processing of FOIA requests may be sufficient to establish irreparable harm if the information sought is "time-sensitive." See Judicial Watch, 514 F.Supp.2d at 10. In this regard, plaintiff implores the Court to consider the "larger context of news and public interest reporting on a nationwide, multi-year pattern and practice of TSA violations of individuals' rights at checkpoints." (Mot. at 4; see also Reply at 6.)
Thus, plaintiff "has failed to demonstrate any time sensitive need for [the requested] information that will be irreparably lost if disclosure does not occur immediately" and this case is allowed to proceed down the typical path of FOIA litigation. See Judicial Watch, 514 F.Supp.2d at 10. Indeed, plaintiff's contention that he (and others) "will be irreparably harmed unless [he] receives the requested records quickly so that the public can participate fully in the ongoing debate is not only unproven, it is also fundamentally flawed because it ignores the well-established statutory FOIA process, which permits government agencies to withhold certain requested documents and to engage in subsequent litigation over them, without regard to the resulting production delay." EPIC, 15 F.Supp.3d at 44, 2014 WL 521544, at *9.
Therefore, the Court will deny plaintiff's motion for a preliminary injunction. The Court need not do more than exercise its