Kohake v. Dep't of the Treasury, No. 12-959, 2014 WL 6751467 (S.D. Ohio Dec. 1, 2014) (Barrett, J.)

Kohake v. Dep't of the Treasury, No. 12-959, 2014 WL 6751467 (S.D. Ohio Dec. 1, 2014) (Barrett, J.)

Re: Request for records concerning third party's estate

Disposition: Granting defendant's motion for summary judgment

• Procedural Requirements, Searching for Responsive Records:  "The Court finds that based on the affidavits and declarations submitted by Defendant, Defendant has demonstrated that it conducted a search in good faith using methods to reasonably identify and produce the requested documents."  The court also finds that "a reasonable search by Defendant would not include the files of the United States Attorney for the Northern District of Texas or documents located in the Jefferson City Courthouse."  Finally, the court finds that because the "destruction [of certain records] was well before Plaintiff's FOIA request was made, there is no liability for failing to produce this information."
   
• Exemption 7(D):  "[T]he Court finds that . . . two documents were properly withheld."  The court also finds that "'[t]his exemption does not involve a balancing of public and private interests; if the source was confidential, the exemption may be claimed regardless of the public interest in disclosure.'"