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Erwin v. U.S. Dep't of State, No. 11 C 6513, 2013 WL 842601 (N.D. Ill. Mar. 6, 2013) (Feinerman, J.)

Re: Request for plaintiff's employment records, including background check and investigations Disposition: Denying defendant's motion for summary judgment
  • Adequacy of Search: The court concludes that defendant's affidavit "does not establish the adequacy of the Department's search for responsive documents." Although the affidavit "adequately described the searches conducted within Human Resources and Medical Services[,]…the affidavit fails to describe with any level of specificity what searches were conducted within [the Bureau of Diplomatic Security]." The court explains that "without some description of how the search was conducted [in the Bureau of Diplomatic Security], the affidavit does not establish that the search was sufficiently thorough." The court declines to "rule on the validity of the exemptions asserted…[g]iven the possibility that additional documents may be discovered."
Court Decision Topic(s)
Litigation Considerations, Adequacy of Search
District Court opinions
Updated August 6, 2014