Eddington v. DOD, No. 20-442, 2021 WL 244947 (D.D.C. Jan. 25, 2021) (Mehta, J.)
Date
Eddington v. DOD, No. 20-442, 2021 WL 244947 (D.D.C. Jan. 25, 2021) (Mehta, J.)
Re: Fourteen requests for records made to fourteen DOD components
Disposition: Granting defendant's motion for summary judgment
- Procedural Requirements, Proper FOIA Requests: The court relates that "'[i]f an agency never received a plaintiff's FOIA request in accordance with its published rules, the agency is entitled to summary judgment as a matter of law'" and holds that "[i]n this matter, there can be little doubt that [defendant's] Declaration is entitled to a presumption of good faith." "[Defendant] describes in detail the substantial efforts that each DOD component undertook to find any of Plaintiff's fourteen FOIA requests." "Each component came up empty." "He also explains that each DOD component had a process to acknowledge receipt of FOIA requests, yet no component was able to find proof of having sent Plaintiff such an acknowledgment, and Plaintiff does [not] state that he received one from any component." "Plaintiff does not challenge the presumption of good faith afforded to the agency's representations." "Rather, he contends that he has overcome it by the combination of his sworn declaration and producing PDF copies of his FOIA requests." "But while this evidence supports Plaintiff's genuinely held belief that he properly sent the FOIA requests, it does not create a genuine dispute of fact as to whether any DOD component received a request."
- Litigation Considerations, Discovery: The court relates that "Plaintiff alternatively asks for discovery." The court holds that "[t]hat request is denied." "Discovery in FOIA cases is 'rare.'" "It is permissible only upon a showing that 'the agency acted in bad faith.'" "Plaintiff makes no such showing here." "His demand for discovery is contained in a single sentence, in conclusory terms, and without any reference to agency action."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Discovery
Procedural Requirements, Proper FOIA Requests
Updated February 23, 2021