Pichardo-Martinez v. USMS, No. 18-02674, 2020 WL 417790 (D.D.C. Jan. 27, 2020) (McFadden, J.)

Pichardo-Martinez v. USMS, No. 18-02674, 2020 WL 417790 (D.D.C. Jan. 27, 2020) (McFadden, J.)

Re:  Request for records concerning alleged assault involving plaintiff

Disposition:  Denying defendant's second renewed motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The court holds that "the Service's declaration has come up short."  The court finds that "[t]he declarant merely states in a conclusory fashion that searches were conducted without stating, for example, what search terms . . . [were] used, or the types of files [the] offices [searched] maintain, or the process by which these searches were conducted."  "There simply are not enough proffered facts from which the Court could determine whether the Service has made 'a good faith effort to conduct a search for the requested records, using methods which can be reasonably expected to produce the information requested.'"  "Indeed, the Court raised a similar concern in denying the Service’s original Motion for Summary Judgment . . . ."