Borda v. EOUSA, No. 14-229, 2015 WL 5118359 (D.D.C. Aug. 28, 2015) (Moss, J.)

Borda v. EOUSA, No. 14-229, 2015 WL 5118359 (D.D.C. Aug. 28, 2015) (Moss, J.)

Re: Request for certain grand jury records

Disposition: Denying defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The court holds that "[b]ecause the EOUSA's evidence–even taken as undisputed–does not establish that it conducted a search that was reasonably calculated to discover the documents Plaintiff requested in his . . . request, EOUSA is not entitled to summary judgment as to that request."  The court relates that defendant "explain[ed] that the case docket revealed that 'the agency representing the United States of America was the Criminal Division of the Department of Justice, not the' United States Attorney's Office for the District of Columbia" and that, based on that assertion, defendant "conclude[d] that 'no records for [plaintiff] exist in' the D.C. United States Attorney's Office."  Citing the regulation concerning routing of misdirected requests, the court finds that "without an additional declaration demonstrating that a search was conducted of records maintained by the Criminal Division, there is no evidentiary basis for the Court to conclude that EOUSA has searched 'all files likely to contain responsive materials.'"