Monday, September 23, 2013
Re: Request for records concerning Solace Transfer Corporation, an Illinois corporation Disposition: Denying defendant's motion to dismiss; granting defendant's motion for summary judgment
- Litigation Considerations, Exhaustion of Administrative Remedies: The court denies defendant's motion to dismiss. The court finds that "here, the government's lack of a response within the 20 days required under the statute, means that judicial oversight is not premature."
- Litigation Considerations, Adequacy of Search: The court grants defendant's motion for summary judgment as to the adequacy of its search. The court finds that "[a]fter assessing the adequacy of the searches," defendant "demonstrated that it used appropriate methods and diligence in searching for [plaintiff's] requested documents." The court explains that defendant "sent out an email to all permanent employees in the office . . . inquiring about documents that anyone in the office might have to respond to the request," searched a "program used to scan and store documents obtained during discovery," "conducted a manual search," and "searched the office case tracking database." Additionally, the court finds that "[w]hether [plaintiff] believed [defendant] had more documents or the exact documents he requested based on conversations leading to his plea agreement is not the standard by which to determine whether [defendant] has satisfied its FOIA obligations." "This Court believes--and [plaintiff] concedes--that [defendant] met the requisite standard in responding to [plaintiff's] FOIA requests."
Adequacy of Search
Updated August 6, 2014