Silbaugh v. Pizzella, No. 18-1182, 2019 WL 4392502 (W.D. Wash. Sept. 13, 2019) (Coughenour, J.)

Silbaugh v. Pizzella, No. 18-1182, 2019 WL 4392502 (W.D. Wash. Sept. 13, 2019) (Coughenour, J.)

Re:  Request for record of delivery of USPS parcel, record of certain phone call, certain communications with the FAA concerning plaintiff

Disposition:  Granting defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The court holds that "Defendant has submitted declarations establishing that it conducted searches reasonably calculated to locate documents responsive to Plaintiff's FOIA requests, and Plaintiff has neither demonstrated that such searches were inadequate nor overcome the presumption of good faith accorded to Defendant's declarations."  First, "the Court concludes that [defendant] conducted a search reasonably calculated to locate documents responsive to the proof of delivery request" because "[defendant] searched Plaintiff's . . . case file, where a properly-made request for reconsideration would normally be found."  Second, "the Court concludes that [defendant] conducted a search reasonably calculated to locate documents responsive to the phone record request" because "[defendant] searched Plaintiff's . . . case file and located . . . notice of the . . . phone conversation [requested]."  "[Defendant] took the additional step of contacting [other knowledgeable parties in the] national office regarding the phone record request, and was informed that neither had created an audio recording of the conversation."  Third, "[t]he Court concludes that [defendant] conducted a search reasonably calculated to locate documents responsive to the FAA request" because defendant "searched Plaintiff's . . . case file and identified documents that referenced the FAA."  "Further, [defendant] asked [certain] claims examiners who may have worked with Plaintiff to search for any responsive records in their emails or hard drives . . . ."