Wattleton v. DOJ, No. 22-0145, 2022 WL 17149680 (D.D.C. Nov. 22, 2022) (Howell, C.J.)

Wattleton v. DOJ, No. 22-0145, 2022 WL 17149680 (D.D.C. Nov. 22, 2022) (Howell, C.J.)

Re:  Request for records concerning individuals who accessed court records concerning plaintiff

Disposition:  Granting defendant’s motion for summary judgment

• Litigation Considerations, Adequacy of Search & Procedural Requirements, Searching for Responsive Records:  The court holds that “DOJ has demonstrated that an adequate search was conducted for records responsive to the FOIA request at issue . . . .”  The court explains that “Plaintiff’s FOIA request sought records related to individuals or entities that accessed case information related to [the United States Attorney's Office for the Northern District of Georgia (“USAO-NDGA”)’s] prosecution of plaintiff in a criminal matter . . . and the agency’s declarant, who is an experienced Attorney Advisor in EOUSA’s FOIA Office with personal knowledge of the applicable FOIA regulations and EOUSA’s processes and procedures in responding to the FOIA requests, including the plaintiff’s request . . . determined that, if such records existed, they would be maintained by USAO-NDGA . . . .”  “USAO-NDGA . . . determined that the office does not track or maintain records related to the search inquiries of individual users through any case management system, including PACER, LIONS, or Caseview.”  “EOUSA then expanded its inquiry . . . confirm[ing] that EOUSA neither tracks, nor has the ability to track, the information sought by plaintiff.”  “These efforts were thorough and reasonable under the attendant circumstances.”  Responding to plaintiff’s argument, the court finds that “even if the records sought by plaintiff exist within PACER and, further, that EOUSA had a right to obtain the requested records from within PACER, EOUSA would still not be obliged under the FOIA to obtain such information outside its possession and control.”  Furthermore, “plaintiff fails to provide any authority supporting his contention that DOJ or EOUSA is obligated to ‘write a computer program’ designed to create records not already maintained.”  “Indeed, the ‘FOIA imposes no duty on the agency to create records.’”