- Motion for Summary Judgment: The court grants DEA and ATF's motions for summary judgment in light of plaintiff's failure to refute DEA and ATF's declarations. Although given the opportunity to provide the court with "a Rule 60(b) motion with his proposed opposition as an attachment," . . . "plaintiff  never supplied the court with any evidence to rebut the material proferred in support of the defendants' motions for summary judgment." The court accordingly finds that "DEA's unrefuted declaration shows that a reasonably adequate search for responsive records was conducted and records were retrieved." The court further notes that "[p]laintiff has come forward with no evidence to rebut the assertions in the declaration and accompanying Vaughn index that DEA properly withheld information under FOIA exemptions 7(C), 7(D), 7(E), and 7(F) and that all reasonably segregable information was released to plaintiff." Likewise, the court concludes that ATF has demonstrated that an adequate and reasonable search was performed and that "ATF has provided a reasonable explanation of why plaintiff's investigative file may have been destroyed 'in error.'" Plaintiff also presented no "evidence to rebut the assertions in the declaration and accompanying Vaughn index that ATF properly withheld information under FOIA exemptions 3, 5, 6, 7(C) and 7(E) and that all reasonably segregable information was released to plaintiff."
Smith v. DOJ, No. 11-0997, 2013 WL 5648256 (D.D.C. Oct. 17, 2013) (Berman Jackson, J.)
Thursday, October 17, 2013
Re: First party request for records Disposition: Granting DEA and ATF's motions for summary judgment based on unrefuted factual record
Motion for Summary Judgment
Updated August 6, 2014