Marino v. DOJ, No. 12-865, 2013 WL 5979753 (D.D.C. November 12, 2013) (Collyer, J.)

Date: 
Tuesday, November 12, 2013
Re: Request for "variety of records that [plaintiff] believes will both exonerate him and show government misconduct" Disposition: Denying without prejudice defendant's motion to dismiss, or alternatively, defendant's motion for summary judgment
  • Litigation Considerations, Adequacy of Search:  The court is "[u]nable to find that the defending federal agencies conducted adequate searches, reasonably calculated to identify responsive records."  The court finds that "[defendant's] motion largely is premature" because "[s]ome agencies did not conduct any search for responsive records while others performed searches only partially responsive to [plaintiff's] requests."  The court finds that "[a]s far as the record shows, [several defendant components] failed to conduct any search in response to [plaintiff's] requests," other defendant components "ignor[ed]" the fact that plaintiff "revised his FOIA requests and expressly limited the search fees he was willing to incur to $1,000.00," and other defendant components "read [plaintiff's] FOIA [request] in narrow and divergent ways."
Topic: 
Adequacy of Search
District Court
Litigation Considerations
Updated August 6, 2014