Dennis v. ATF, No. 12-CV-3795, 2013 WL 6579581 (E.D.N.Y. December 13, 2013) (Gleeson, J.)

Friday, December 13, 2013
Re: Request for records concerning plaintiff Disposition: Granting defendants' motion for summary judgment
  • Litigation Considerations, Adequacy of Search:  The court "find[s] that [defendants] each performed a reasonable and adequate search in compliance with FOIA."  The court explains that "[b]oth [defendants] produced affidavits outlining both the databases used to search for responsive records as well as the details of how the searches were conducted."  Additionally, "[b]oth agencies attest in their reply briefs that the searches conducted were thorough and stress that it is 'impossible to produce a non-existent document.'"  Last, the court notes that "both agencies conducted multiple searches, and each produced zero records related to [plaintiff]."
Adequacy of Search
District Court
Litigation Considerations
Updated August 6, 2014