Date:
Monday, November 4, 2013
Re: Request for requester's "'closed or sealed military field service jacket'"
Disposition: Granting defendant's motion to dismiss or, alternatively, for defendant's motion for summary judgment
- Litigation Considerations, Adequacy of Search: The court holds that "[defendant's] exhaustive searches in response to plaintiff's FOIA request, coupled with its post-complaint review of its prior search process and additional searches of other sources, more than satisfies the 'reasonably calculated searches' standard to prevail on a motion for summary judgment required in this and other circuits." The court specifically points to the fact that defendant "'determined . . . the most likely place to locate the [records]," and "conducted searches of its records," but "did not locate the records plaintiff alleges exist." The court also noted that defendant "confirmed that it had produced all of [plaintiff's] personnel records in response to an earlier FOIA request."
Topic:
Adequacy of Search
District Court
Litigation Considerations
Updated August 6, 2014