Friday, December 13, 2013
Re: Request for records concerning plaintiff Disposition: Adopting report and recommendation of Magistrate Judge; granting defendants' motion for summary judgment; denying plaintiff's cross-motion for summary judgment
- Litigation Considerations, Adequacy of Search: The court "concludes that the Magistrate Judge's factual findings are supported by the record and that the recommendation to grant summary judgment in favor of the Defendants is appropriate in light of summary judgment standards and FOIA law." The Magistrate Judge found that "[defendant] conducted a search that was reasonably calculated to uncover all relevant documents responsive to Plaintiff's FOIA request." Defendant's "declaration demonstrates that [defendant] conducted a thorough search in this case." The declaration "describes with particularity the files that were searched, the manner in which they were searched, and the results of the search." The Magistrate Judge also found that "[r]egardless of whether there might exist other documents possibly responsive to the request, an agency fulfills its obligations under FOIA if it shows the procedure utilized by the agency was reasonably calculated to uncover all documents relevant to the FIOA [sic] requests."
Adequacy of Search
Updated August 6, 2014