Wednesday, December 17, 2014
Agurs v. DOJ, No. 14-0188, 2014 WL 7183594 (D.D.C. 17, 2014) (Contreras, J.)
Re: Request for documents concerning electronic surveillance of five telephone numbers
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations, Summary Judgment: "[T]he Court will grant summary judgment in defendants' favor." The court first notes that, "[t]o date, plaintiff has neither filed an opposition to the motion nor requested an extension of time." However, "[a]lthough the Court may treat defendants' unopposed motion as conceded, . . . summary judgment is warranted only if 'the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.'" The court finds that "[t]he Criminal Division's declarant adequately has explained: (1) the searches for records responsive to plaintiff's FOIA request, . . . (2) the withholding of records under FOIA Exemptions 5, 6, and 7(C), . . . the release of all reasonably segregable information, . . . and the referral of records to the EOUSA and the FBI, . . . and their subsequent release to plaintiff in full."
Updated February 5, 2015