Thomas v. DOJ, No. 15-01514, 2017 WL 1166313 (D.D.C. Mar. 28, 2017) (Mehta, J.)

Thomas v. DOJ, No. 15-01514, 2017 WL 1166313 (D.D.C. Mar. 28, 2017) (Mehta, J.)

Re: Request for records concerning plaintiff's criminal case

Disposition: Denying defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search: The court holds that "[defendant's] Declaration – upon which Defendant relies to establish the adequacy of its search – is insufficiently detailed to satisfy the summary judgment standard." "The court does not question the reasonableness of the EOUSA's decision to forward Plaintiff's request to the USAO/DDC, the FOIA Contact's decision to search the 'LIONS' system, or the FOIA Contact's effort to obtain responsive material from the Assistant United States Attorney in charge of Plaintiff's criminal case." "Those actions demonstrate a good faith effort to identify all responsive records." "Nevertheless, [defendant's] Declaration is insufficient to carry Defendant's burden because it fails to specify, with any level of detail, how the USAO/DDC conducted its searches." "Without more details, Defendant cannot satisfy its burden on summary judgment."