Gonzales v. U.S., No. 16-1716, 2018 WL 6046973 (D.D.C. Nov. 19, 2018) (Jackson, J.)

Date: 
Monday, November 19, 2018

Gonzales v. U.S., No. 16-1716, 2018 WL 6046973 (D.D.C. Nov. 19, 2018) (Jackson, J.)

Re:  Request for certain information concerning plaintiff's criminal case, including "bonding" information

Disposition:  Granting defendant's renewed motion for summary judgment

  • Litigation Considerations, Adequacy of Search:  "Based on the Court's review of [defendant's] declarations, and absent any showing to the contrary by plaintiff, EOUSA demonstrates that its searches for records responsive to both FOIA requests were reasonable."  "The fact that EOUSA found no records responsive to plaintiff's first request for information pertaining to bonds does not render the search inadequate."
     
  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that, "[i]n this case, EOUSA has demonstrated that it provided the two hours of search time without charge, that it notified plaintiff of its fee estimate, and that plaintiff had an opportunity either to pay the fees, to reformulate his request, or to appeal the fee determination."  "EOUSA has also shown that plaintiff did not respond timely to its notice."  "Thus, the record establishes that plaintiff failed to exhaust his administrative remedies prior to filing this civil action."
Topic: 
Adequacy of Search
District Court
Litigation Considerations
Updated February 1, 2019