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Waldner v. DOJ, No. 13-cv-00032, 2013 U.S. Dist. LEXIS 135467 (D.D.C. September 23, 2013) (Lamberth, J.)

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."
Court Decision Topic(s)
Litigation Considerations, Adequacy of Search
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Supplemental to Main Categories
Updated August 6, 2014