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Swaim v. VA, No. 7-13-CV-14-FL, 2013 WL 5460787 (E.D.N.C. Sept. 30, 2013) (Flanagan, J.)

Monday, September 30, 2013
Re: First party request for records concerning plaintiff's disability claim and unemployability benefits Disposition: Granting defendant's motion for summary judgment
  • Adequacy of search:  The court finds that defendant conducted a reasonable and adequate search for records.  "[P]laintiff's claim is premised entirely on the absence of the requested documents. The mere absence of a requested document is not a sufficient basis for declaring a search unreasonable."  Accordingly, the court grants summary judgment in favor of defendant.
Adequacy of Search
District Court
Updated August 6, 2014