Shapiro v. DOJ, No. 16-592, 2016 WL 5922295 (D.D.C. Oct. 11, 2016) (Boasberg, J.)

Date: 
Tuesday, October 11, 2016

Shapiro v. DOJ, No. 16-592, 2016 WL 5922295 (D.D.C. Oct. 11, 2016) (Boasberg, J.)

Re: Request for records concerning revising of court opinions after publication

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

  • Litigation Considerations, Adequacy of Search: First, "[t]he Court . . . cannot say that, on its face, OSG's search was adequate[]" because "at no point in her declarations does [defendant] ever 'aver[ ] that all files likely to contain responsive materials (if such records exist) were searched.'" Second, the court "require[s] OSG to search the emails of former attorneys using [certain "targeted"] terms." "If such terms still generate an unwieldy number of records, OSG may argue in a renewed motion for summary judgment that the burden of review outweighs the likelihood of recovering responsive documents." However, "the Court believes the [Automated Docket System] search [was] adequate."

 

Topic: 
Adequacy of Search
District Court
Litigation Considerations
Updated February 14, 2017