Ehret v. DOD, No. 14-725, 2015 WL 3867765 (W.D. Mich. June 23, 2015) (Neff, J.)

Ehret v. DOD, No. 14-725, 2015 WL 3867765 (W.D. Mich. June 23, 2015) (Neff, J.)

Re: Request for report concerning Lake Michigan

Disposition: Adopting Magistrate Judge's Report and Recommendation; granting defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The court holds that "[the] evidence [presented by defendant] provides 'reasonable detail of the scope of the search' and demonstrates that [the "alleged co-author of the unpublished report Plaintiff seeks"] made a good faith effort to locate the requested documents and employed methods 'reasonably expected to produce the requested information.'"  The court also notes that "[p]laintiff has failed to submit any evidence challenging the adequacy or sufficiency of [defendant's] search efforts."
   
• Procedural Requirements, Proper FOIA Requests:  The court finds that while "[p]laintiff also requests that the Court order Defendants to provide explanations 'why the slope of the lakebed should be kept secret' or describe what is being done to '[a]void any FUKUSHIMA type melt-down concerns[,]' [a]s Defendants correctly assert . . . FOIA does not require governmental agencies to respond to such inquiries."
   
• Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that "[p]laintiff has failed to demonstrate that he has submitted a FOIA request concerning the other possible documents identified in his responses to the present motion."  "Thus, . . . because Plaintiff has failed to demonstrate that he has properly exhausted any requests for such documents resolution of such is not properly before this Court."