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Sandy v. EOUSA, No. 15-0628, 2016 WL 1089218 (D.D.C. Mar. 18, 2016) (Kollar Kotelly, J.)

Date: 
Friday, March 18, 2016

Sandy v. EOUSA, No. 15-0628, 2016 WL 1089218 (D.D.C. Mar. 18, 2016) (Kollar Kotelly, J.)

Re: Request for records concerning appointment of Assistant United States Attorney

Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment

  • Litigation Considerations, Adequacy of Search:  "The Court concludes that the EOUSA conducted a search reasonably calculated to locate records responsive to plaintiff's FOIA request."  The court relates that "EOUSA's declarant indicates 'which files were searched, by whom those files were searched, and . . . a systematic approach to document location.'"  The court finds that "EOUSA's supporting declaration is 'accorded a presumption of good faith'" and "plaintiff offers 'purely speculative claims about the existence and discoverability of other documents,' . . . and 'the fact that a particular document was not found does not demonstrate the inadequacy of a search.'"
Topic: 
Adequacy of Search
District Court
Litigation Considerations
Updated April 28, 2016