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Daniels v. Raimondi, No. 22-4027, 2024 WL 3566637 (N.D. Ill. July 29, 2024) (Kennelly, J.)

Date

 Daniels v. Raimondi, No. 22-4027, 2024 WL 3566637 (N.D. Ill. July 29, 2024) (Kennelly, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting defendant’s motion for summary judgment

  • Litigation Considerations, Adequacy of Search:  “The Court concludes that the Secretary is entitled to summary judgment because it has demonstrated that it conducted, in good faith, a reasonably designed and adequate search for the requested records and produced all responsive records that it could locate.”  The court holds that “[i]n this case, the Census Bureau submitted affidavits from three agency representatives who participated in the search for [plaintiff’s] documents.”  “All three affidavits describe the locations the declarants searched, the search terms they used, the offices they contacted, and the documents they uncovered.”  “The affidavits make clear that the Census Bureau conducted a search reasonably designed to reveal the requested records, even if two of the items [plaintiff] sought ultimately were not found.”  “Good faith of the affidavit submissions is presumed . . . and [plaintiff] has not offered any evidence that would rebut this presumption.”  “The fact that not all of the records she believes should exist were produced is insufficient to give rise to a genuine dispute of material fact.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Adequacy of Search
Updated August 27, 2024