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A public-interest group sought records from a federal agency under a disclosure statute and lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund the litigation, choose counsel, control strategy, testify, or agree to be bound by the result. She did receive email updates and hoped the group would win.
Nia later filed her own action requesting the same records. The agency moves to dismiss, arguing that Nia is precluded because she shared the group's objective and because allowing her suit would give disclosure advocates a second chance. Nia argues that she was not a party to the first case and did not control it.
Is Nia barred by nonparty preclusion? Discuss.