Ahuruonye v. DOI, No. 15-1215, 2017 WL 932946 (D.D.C. Mar. 8, 2017) (Walton, J.)
Ahuruonye v. DOI, No. 15-1215, 2017 WL 932946 (D.D.C. Mar. 8, 2017) (Walton, J.)
Re: Request for records concerning purported adverse employment action taken against plaintiff by DOI
Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment
- Litigation Considerations, Adequacy of Search: The court holds that, "because [defendant's] declaration sufficiently demonstrates that the defendant conducted a reasonable search, and because the plaintiff's speculative allegations are devoid of specific facts that rebut the presumption of good faith afforded the agency's declaration, the Court must grant the defendant's motion for summary judgment on the plaintiff's FOIA claim." The court finds that "defendant has demonstrated that it conducted a search that was reasonably calculated to uncover the plaintiff’s requested documents, satisfying its obligations under the FOIA." The court relates that "[defendant's declarant] attested to her familiarity with the procedures followed for responding to FOIA requests, the procedures that were used in response to the plaintiff's FOIA request, and the defendant's response to the plaintiff's FOIA request." The court also addresses plaintiff's bad faith argument and finds that, while "plaintiff asserts that the defendant admitted to having copies of the requested document based on its discovery response[,]" "the discovery response the plaintiff cites does not indicate that the defendant has such documents in its possession[.]"