White v. USDA, No. 24-254, 2025 WL 823254 (E.D. Okla. Mar. 14, 2025) (Jackson, Mag. J.)

White v. USDA, No. 24-254, 2025 WL 823254 (E.D. Okla. Mar. 14, 2025) (Jackson, Mag. J.)

Re: Request for records concerning payments made by USDA on behalf of plaintiff

Disposition:  Denying defendant’s motion for summary judgment

• Litigation Considerations, Adequacy of Search:  “[T]he Court finds that [defendant’s] declaration . . . is insufficient to satisfy its burden.”  “Although [defendant’s] declaration . . . indicates that all the records in USDA possession have been produced, it contains no averments pertaining to the agency’s search for documents and is not ‘“reasonably detailed . . . [or] set[] forth the search terms and the type of search performed . . . .”’”  “Thus, Defendant fails to show that its searches were ‘reasonably calculated to uncover all relevant documents[.]’” “Defendant’s Motion for Summary Judgment is therefore denied without prejudice.”