Behrens v. U.S. Attorney, Dist. of Neb., No. 14-00838, 2016 WL 7388290 (D.D.C. December 21, 2016) (Mehta, J.)
Re: Request for an order allegedly issued in plaintiff's criminal case
Disposition: Granting defendant's second supplemental motion for summary judgment
- Litigation Considerations, Adequacy of Search: The court holds that defendant's search was adequate. The court finds that "[d]efendant has produced declarations stating that it has searched both its civil and criminal case files pertaining to Plaintiff and, despite its best efforts, it did not locate the order sought by Plaintiff." "Those declarations are entitled to a presumption of good faith . . . and Plaintiff has offered nothing but speculation to overcome it." "Speculation alone cannot defeat Defendant's motion for summary judgment."