Buckovetz v. Dep't of Navy, No. 15-00838, 2017 U.S. Dist. LEXIS 16535 (S.D. Cal. Feb. 3, 2017) (Benitez, J.)

Buckovetz v. Dep't of Navy, No. 15-00838, 2017 U.S. Dist. LEXIS 16535 (S.D. Cal. Feb. 3, 2017) (Benitez, J.)

Re: Request for records concerning sexual harassment complaint

Disposition: Granting defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search: The court holds that "[d]efendant's search was reasonably calculated to uncover all records responsive to Plaintiff's request." The court finds that "[d]efendant searched the locations most likely to have records." "Searches were conducted of hard copy and electronic records by personnel whose duties included responding to FOIA requests." "The submitted affidavits are reasonably detailed and non-conclusory and are entitled to a presumption of good faith." The court also finds that "[p]laintiff's arguments that the search was inadequate are unavailing." "Plaintiff first argues that he was never contacted by anyone to clarify his request." "But it is Plaintiff's responsibility to be specific in his request." The court also rejects plaintiff's "conten[tion] that [defendant's declaration] offers conclusory statements." Additionally, the court rejects plaintiff's "conten[tion] that the search methodology was inadequate because the files only contain printed copies of emails and '[t]here is no indication in any of the Defendant's filings that the usmc-mccs.org or the usmc.mil computer email systems were searched for responsive records that may only exist in electronic form.'" The court finds that defendant "declared that [it] did search electronically stored files" and the court agrees with "[d]efendant['s] argu[ment] that without additional detail from Plaintiff about what he sought, it would have been burdensome for the government to search the emails of all government employees during the time to determine whether any discussed the sexual harassment complaint." Lastly, the court finds that "[a]n allegation that somewhere there may be additional responsive documents relevant to the question of the adequacy of the search does not create a genuine issue for trial."