Harrison v. EOUSA, No. 16-1310, 2017 WL 1180183 (S.D. Cal. Mar. 30, 2017) (Sammartino, J.)

Harrison v. EOUSA, No. 16-1310, 2017 WL 1180183 (S.D. Cal. Mar. 30, 2017) (Sammartino, J.)

Re: Request for certain records created by an AUSA concerning plaintiff

Disposition: Denying plaintiff's motion for summary judgment

• Procedural Requirements, Searching for Responsive Records: The court holds that defendant's search "is inadequate." The court relates that "[defendant] went straight to the source, 'determin[ing] that the best way to search for responsive records would be to speak with [the AUSA] directly to determine what documents existed.'" The court finds that "[c]alling [the AUSA] to discuss the matter is certainly part of an adequate search." "But the Court is not convinced that it alone is sufficient, especially where, as here, [the AUSA] and his conduct are the subject of Plaintiff's FOIA request." "Nor has Defendant identified a single case where a phone call or conversation has been held sufficient under FOIA, much less a case where that conversation included the subject of the FOIA inquiry."
   
• Litigation Considerations, Discovery: "Plaintiff fails to convince the Court that discovery is appropriate, much less necessary, in this case." "Instead, at this juncture the Court will allow Defendant an opportunity to again move for summary judgment and attach any revised declarations responsive to this Court’s Order." "Whether Plaintiff will eventually be entitled to discovery may depend on Defendant's ability to submit evidence that it conducted an adequate search."