New York Times Co. v. Dep't of Treasury, No. 15-5740, 2016 WL 4147223 (S.D.N.Y. Aug. 2, 2016) (Ramos, J.)

Date: 
Tuesday, August 2, 2016

New York Times Co. v. Dep't of Treasury, No. 15-5740, 2016 WL 4147223 (S.D.N.Y. Aug. 2, 2016) (Ramos, J.)

Re: Request for records showing legal conclusions for under what circumstances Foreign Intelligence Surveillance Act's notice provision applies to Office of Foreign Assets Control sanctioning decisions and challenges to them

Disposition: Granting in part and denying in part defendant's motion for summary judgment

  • Litigation Considerations, Adequacy of Search: The court holds that "Treasury's submissions thus far do not demonstrate bad faith or lack of truthfulness, but there does remain a genuine issue of material fact as to whether the search already completed was adequate." "In other words, Treasury's submissions are insufficiently detailed as they stand, but the Times has not demonstrated a need for a new search or depositions, at least at this stage." "Treasury is thus instructed to submit further affidavits or declarations describing the adequacy of its prior search." "Specifically, the Court requires more details as to the kinds of information and files housed within OCC, why the choice of custodians was reasonable, why certain record repositories were searched while others were not, and the search terms that were employed."

 

Topic: 
Adequacy of Search
District Court
Litigation Considerations
Updated January 18, 2017