Tuesday, May 7, 2013
Re: Defendants' motion for reconsideration of court's order requiring defendant to conduct additional searches for documents responsive to plaintiffs' request for records concerning "the process by which the Government returns to the United States any alien who, having been removed, subsequently prevails on an appeal from her order of removal and, second, the process by which the Government restores any such alien to the status she held at the time of her removal" Disposition: Denying defendants' motion for reconsideration
- Litigation Considerations: The court "denies the Government's motion for reconsideration, as the Court did not overlook the fact that DOJ had conducted searches of some attorneys' e-mails." The court rejects defendants' contention that the court, "may have overlooked the fact that certain individual attorneys already conducted email searches, and 438 pages of responsive documents were already produced." The court notes that the "standard for granting a motion for reconsideration 'is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked . . . that might reasonably be expected to alter the conclusion reached by the court.'" The court finds that defendants' "prior searches, which targeted only [certain attorneys] who worked on cases [related to] the plaintiffs' FOIA request . . . and . . . [appellate attorneys] . . . did not cover the much broader universe of line attorneys . . . who might have been contacted by opposing counsel regarding aliens' return." The court rejects defendants' motion for reconsideration because the facts defendants presented do not override the court's previous determination that "a broader search of the emails of all . . . attorneys would be appropriate."
Updated August 6, 2014