Tracy v. DOJ, No. 15-403, 2015 WL 4602660 (D.D.C. July 31, 2015) (Chutkan, J.)

Tracy v. DOJ, No. 15-403, 2015 WL 4602660 (D.D.C. July 31, 2015) (Chutkan, J.)

Re: Request for records concerning plaintiff

Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The court holds that "[b]ased on the present record, the FBI's unrefuted declaration shows that the agency conducted an adequate search for responsive records."
   
• Exemptions 6, 7(C), and 7(E):  The court holds that "[p]laintiff has not come forward with any arguments that might refute the FBI's position that it properly withheld information under FOIA exemptions (b)(6), (b)(7)(C), and (b)(7)(E), and that the agency disclosed all non-exempt information."
   
• Procedural Requirements, Time Limits:  The court holds that "[p]laintiff is not entitled to relief simply because the FBI disclosures were made more than 20 days after Plaintiff submitted her FOIA request."  The court finds that "'[i]f the agency does not adhere to FOIA's explicit timelines, the 'penalty' is that the agency cannot rely on the administrative exhaustion requirement to keep cases from getting into court.'"