Friday, March 1, 2013
Re: First party request for records on self Disposition: Granting EOUSA's motion for summary judgment in part with regard to adequacy of search; ordering EOUSA to send copies of previously released records to plaintiff at no cost
- Adequacy of search: The court concludes that EOUSA conducted a reasonable and adequate search for records. It notes that EOUSA properly construed plaintiff's request "as one for records about himself and his criminal case." The court goes on to find that "[t]he use of plaintiff's name as a search term, and a search for responsive records in the only office where they were likely to be maintained, are approaches reasonably calculated to locate the records plaintiff seeks." Notably, plaintiff did not "address the EOUSA's statements of fact with respect to its search for responsive records," and thus the court treated these facts "as conceded." With regard to plaintiff's assertion that he did not receive the records released by EOUSA, the court directed EOUSA to "send copies of the records previously released in full and in part to plaintiff at his current address of record and at no cost to plaintiff."
Adequacy of Search
Updated August 6, 2014