Bragg v. FBI, No. 20-214, 2021 WL 4282607 (D.D.C. Sept. 21, 2021) (Sullivan, J.)

Bragg v. FBI, No. 20-214, 2021 WL 4282607 (D.D.C. Sept. 21, 2021) (Sullivan, J.)

Re:  Request for records concerning plaintiff and a third party

Disposition:  Granting defendant's motion for summary judgment; dismissing plaintiff's unexhausted claim

• Litigation Considerations:  The court relates that "[o]n February 22, 2021, the Court advised Plaintiff about her obligation to respond to Defendant's dispositive motion by March 26, 2021, and the potential adverse consequences if she failed to comply."  "Plaintiff has neither complied with the order nor requested additional time to do so."  "Therefore, with respect to the claim for third-party records, the Court finds that Plaintiff has conceded the exhaustion defense, which is 'a substantive ground for rejecting a FOIA claim in litigation.'"
   
• Litigation Considerations, Adequacy of Search & Exemptions 6 & 7(C):  "With respect to the claim seeking first-party records, the Court is satisfied from its independent examination of the evidentiary record that Defendant has fully complied with FOIA by disclosing all reasonably segregable responsive records."  "The declarant has described in sufficient detail a reasonably calculated search, which located 230 responsive pages."  "It is undisputed that the pages were released to Plaintiff, and the declarant has adequately justified the redaction of third-party identifying information from just three of those pages, pursuant to FOIA Exemptions 6 and (7)(C) . . . ."  "In the absence of any contravening evidence, therefore, the Court concludes as to the first-party records that Defendant is entitled to judgment as a matter of law."