Sanchez-Guerrero v. DOJ, No. 16-1587, 2017 WL 2177989 (C.D. Cal. May 17, 2017) (Gee, J.)
Re: Request for copy of plea offer made in connection with criminal prosecution of plaintiff
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations, Adequacy of Search: "To the extent this action is a challenge to the adequacy of the EOUSA's search under FOIA, the Court concludes that the search was reasonable." The court relates that "EOUSA has submitted uncontroverted evidence of the technology and procedures it used to locate records related to [plaintiff's] request for a copy of his plea offer." "EOUSA has also submitted uncontroverted evidence that the only record identified through such search was recently released to him." "Based upon the EOUSA's submissions, the Court concludes that 'the agency's search was "reasonably calculated to discover the requested documents,"' which, here, have been turned over to [plaintiff]." The court also finds that, "[a]lthough [plaintiff] now maintains that there is a different document, he has not submitted any evidence in support of that assertion," and "[plaintiff's] belief that a different document exists does not give rise to a genuine dispute of material fact in the face of overwhelming evidence that the EOUSA has conducted a reasonably thorough search for additional records and found none."