Platsky v. FDA, No. 13-06250, 2014 WL 7391611 (E.D.N.Y. Dec. 24, 2014) (Townes, J.)

Platsky v. FDA, No. 13-06250, 2014 WL 7391611 (E.D.N.Y. Dec. 24, 2014) (Townes, J.)

Re: Request for records concerning investigation of plaintiff's concerns with medical procedure he underwent during clinical study

Disposition: Granting defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The court holds that "FDA has . . . satisfied its burden of showing it conducted an adequate search for responsive records."  The court finds that "FDA's declarations set forth in reasonable detail the scope of the search, and the search terms and methods the FDA employed shows the agency's search was reasonably calculated to discover documents responsive to [plaintiff's] FOIA request."  Additionally, the court finds that defendant's "declarations aver that all places likely to contain responsive records have been searched."  Finally, the court finds that "[plaintiff] has not submitted evidence sufficient to rebut the presumption of good faith accorded to the FDA's declarations, and nothing about these declarations or the FDA's response hints that the FDA's response was incomplete or for any reason unsatisfactory."