Karam v. HHS, No. 18-00454, 2020 WL 995570 (D. Ariz. Mar. 2, 2020) (Zipps, J.)

Karam v. HHS, No. 18-00454, 2020 WL 995570 (D. Ariz. Mar. 2, 2020) (Zipps, J.)

Re:  Request for records concerning certain investigations

Disposition:  Overruling plaintiff's objection and adopting magistrate judge's report and recommendation

• Litigation Considerations, Vaughn Index/Declaration & Pattern-or-Practice Claims:  The court finds that "Plaintiff's Objection alleges no specific error in the Report and Recommendation."  "Instead, Plaintiff argues that summary judgment should not be granted due to Defendant’s 'bad faith' and delay."  "First, [the court finds that] Plaintiff provides no factual or legal basis to overrule the Report and Recommendation."  The court finds that "Defendant submitted detailed, non-conclusory declarations describing the scope of the search and the basis for the claimed exemptions."  "Plaintiff does not provide any evidence to undermine Defendant's statements and supporting evidence concerning the scope of the search or Defendant's reliance on the stated exemptions."  Second, the court finds that "Plaintiff's allegation of Defendant’s delay in processing her request does not undermine [the Magistrate Judge's] determination."  "Plaintiff does not present sufficient evidence of a pattern of delayed responses."  "Plaintiff has not shown that requesters other than herself have experienced delays, pointed to a formal policy adopted by Defendant that violates the terms of the statute, or shown any other evidence that Defendant's treatment of her request was sufficiently uniform to be considered an unlawful policy or practice."