Gahagan v. USCIS, No. 15-796, 2015 WL 6738549 (E.D. La. Nov. 4, 2015) (Lemelle, J.)

Gahagan v. USCIS, No. 15-796, 2015 WL 6738549 (E.D. La. Nov. 4, 2015) (Lemelle, J.)

Re: Request for records concerning plaintiff's client

Disposition: Denying plaintiff's second motion for summary judgment; holding defendant's motion for summary judgment in abeyance

• Litigation Considerations, Vaughn Index/Declaration:  In response to plaintiff's argument, the court finds that "there is no lack of personal knowledge requiring that the documents be stricken from the record."  The court explains that "[defendant's declarant's] reliance on the information provided by ICE employees in the regular course of business falls within the meaning of personal knowledge."  "Moreover, the individual coordinating a search for records is not only a permissible individual to complete the affidavit, but is the 'most appropriate person to provide a comprehensive affidavit.'"  "As [defendant's declarant] is responsible for the management and supervision of the ICE FOIA office, he is undoubtedly qualified to provide an affidavit for this purpose."

However, the court also holds that "[t]he inadequacy of the Vaughn Index prevents summary judgment in Defendant’s favor."  The court explains that "[u]ltimately, the document fails to communicate the necessary information."  "First, it does not make clear if all of the redacted information is described, let alone described adequately."  "Second, it only explains the relevance of [Privacy Act] exemption (k)(2) in conclusory and generalized terms."  "Therefore, it does not allow this Court to make a reasoned judgment as to whether the withheld material is actually exempt under FOIA."