Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that the Interior Department did not improperly destroy records subject to a FOIA request when it destroyed in-take forms collected in 2009 during a census to identify aliens who lived in the Commonwealth of Northern Mariana Islands after all the information had been entered into a database. Teresa Kim, the counsel for the Lieutenant Governor of the Commonwealth of Northern Mariana Islands, requested all records generated by the federal ombudsman's office in Saipan pertaining to the census. Walton first addressed Kim's contention that the Interior Department had improperly destroyed the in-take forms. He indicated that "plaintiff has offered no support for the suggestion that the defendant absolutely knew that a FOIA request would be made for production of the census forms, and thus the defendants had no duty to preserve the documents prior to the request that was made for their production . . .[T]he plaintiff made her initial FOIA request on May 4, 2010, which was nearly five months after the census in-take forms were 'shredded.' Accordingly, the Court finds that the destruction of the actual census in-take forms was not done in bad faith and therefore does not merit any remedial action being ordered or preclude the Court from finding that the defendant conducted a reasonable search in the absence of such action." Walton then found the agency had conducted an adequate search. He noted that "the defendant makes a persuasive argument that the plaintiff's request was very narrow and specific, and the defendant complied with that request." He pointed out that "although the plaintiff couches her challenge to the non-production of the in-take forms as an attack on the adequacy of the search, her primary concern appears to relate to the destruction of documents. . . Despite the fact that the plaintiff is aware that the in-take forms no longer exist. . .the plaintiff continues to bemoan the fact that the documents were destroyed." He observed that "to be sure, it is unfortunate that the documents are no longer available. Nonetheless, the defendant is entitled to summary judgment because its duty of production under FOIA is limited to the production of responsive documents that were in its possession at the time the FOIA request was made."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2010-09-15	1	COMPLAINT against U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 350, receipt number 4616032776) filed by TERESA K. KIM. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 09/16/2010)
2010-09-15		SUMMONS (3) Issued as to U.S. DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 09/16/2010)
2010-10-18	2	Consent MOTION for Extension of Time to Answer Complaint by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/18/2010)
2010-11-01		MINUTE ORDER granting 2 Consent Motion for Extension of Time to File Answer. The defendant's response is now due on November 15, 2010. Signed by Judge Reggie B. Walton on 11/01/10. (TH, ) (Entered: 11/01/2010)
2010-11-01		Set/Reset Deadlines: Answer due by 11/15/2010, (mpt, ) (Entered: 11/01/2010)
2010-11-15	3	ANSWER to 1 Complaint by U.S. DEPARTMENT OF THE INTERIOR.(Simon, Jeremy) (Entered: 11/15/2010)
2010-11-30	4	INTERROGATORIES Propounded to defendant by TERESA K. KIM.(Siemer, Deanne) (Entered: 11/30/2010)
2010-12-01		NOTICE OF ERROR re 4 Interrogatories Propounded; emailed to wilsieco@aol.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Do not file Discovery (LcvR 5.2) (td, ) (Entered: 12/01/2010)
2011-03-10	5	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES. (mpt, ) (Entered: 03/10/2011)
2011-04-07	6	MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Proposed Order, # 2 Declaration of Jessica Charles, # 3 Declaration of Pamela Brown Blackburn)(Simon, Jeremy) (Entered: 04/07/2011)
2011-04-18	7	MOTION to Compel Answers to Plaintiff's Interrogatories by TERESA K. KIM (Siemer, Deanne) (Entered: 04/18/2011)
2011-04-18	8	MOTION to Compel Answers to Plaintiff's Interrogatories by TERESA K. KIM (Attachments: # 1 Memorandum in Support of Plaintiff's Motion to Compel)(Siemer, Deanne) (Entered: 04/18/2011)
2011-04-18	9	Memorandum in opposition to re 6 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by TERESA K. KIM. (Attachments: # 1 Affidavit of Deanne Siemer, # 2 Statement of Genuine Issues, # 3 Text of Proposed Order)(Siemer, Deanne) (Entered: 04/18/2011)
2011-04-22	10	Consent MOTION for Extension of Time to File Reply Memorandum in Support of Motion for Summary Judgment by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/22/2011)
2011-04-29		MINUTE ORDER granting 10 Consent Motion for Extension of Time to File Reply Memorandum In Support of Motion For Summary Judgment. Upon consideration of the Defendant's consent motion and for good cause shown, it is hereby ORDERED that the defendant's reply shall now be due on May 27, 2011. Signed by Judge Reggie B. Walton on 04/29/2011. (TH, ) (Entered: 04/29/2011)
2011-04-29		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 5/27/2011. (mpt, ) (Entered: 04/29/2011)
2011-05-05	11	Memorandum in opposition to re 8 MOTION to Compel Answers to Plaintiff's Interrogatories , 7 MOTION to Compel Answers to Plaintiff's Interrogatories filed by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/05/2011)
2011-05-14	12	REPLY to opposition to motion re 8 MOTION to Compel Answers to Plaintiff's Interrogatories filed by TERESA K. KIM. (Siemer, Deanne) (Entered: 05/14/2011)
2011-05-23	13	Consent MOTION for Extension of Time to File Reply Memorandum in Support of Motion for Summary Judgment by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/23/2011)
2011-05-26		MINUTE ORDER granting 13 Motion for Extension of Time to File Reply Memorandum in Support of Motion for Summary Judgment. Upon consideration of the defendants Consent Motion for an Extension of Time to File Reply Memorandum, and the entire record herein, it is ORDERED that Defendants Motion is GRANTED; and it is FURTHER ORDERED that the defendant shall have to, and including, June 28, 2011 to file its reply memorandum in support of its motion for summary judgment. Signed by Judge Reggie B. Walton on 05/26/2011. (TH, ) (Entered: 05/26/2011)
2011-05-26		Set/Reset Deadlines: Reply memorandum in support motion for summary judgment due by 6/28/2011. (mpt, ) (Entered: 05/26/2011)
2011-06-03	14	Unopposed MOTION for Leave to File Declaration by TERESA K. KIM (Attachments: # 1 Affidavit, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Siemer, Deanne) (Entered: 06/03/2011)
2011-06-08		MINUTE ORDER granting 14 Motion for Leave to File Declaration of the Plaintiff. Upon consideration of the motion and for good cause shown, it is hereby ORDERED that the motion is granted. It is further ORDERED that the Court's clerk shall accept for filing the plaintiff's Declaration in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment that is attached to the plaintiff's motion. Signed by Judge Reggie B. Walton on 06/08/11. (TH, ) (Entered: 06/08/2011)
2011-06-09	15	Declaration in support re 9 Memorandum in Opposition, by TERESA K. KIM. (td, ) (Entered: 06/09/2011)
2011-06-24	16	Consent MOTION for Extension of Time to File Reply Memorandum in Support of Motion for Summary Judgment by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/24/2011)
2011-06-28		MINUTE ORDER granting 16 Consent Motion for Extension of Time to FileReply Memorandum. Upon consideration of the motion and for good cause shown, it is ORDERED that the motion is granted. It is further ORDERED that the defendant shall have to, and including, July 12, 2011 to file its reply memorandum in support of its motion for summary judgment. Signed by Judge Reggie B. Walton on 06/28/2011. (TH, ) (Entered: 06/28/2011)
2011-06-28		Set/Reset Deadlines: Defendant's reply memorandum in support of its motion for summary judgment due by 7/12/2011. (tg, ) (Entered: 06/29/2011)
2011-07-11	17	Consent MOTION for Extension of Time to File Reply Memorandum by U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Proposed Order)(Simon, Jeremy) Modified on 7/12/2011 (td, ). Modified on 7/14/2011 (td, ). (Entered: 07/11/2011)
2011-07-12	18	ENTERED IN ERROR. . . . .MOTION to Dismiss and Proposed Order by TERESA K. KIM (Siemer, Deanne) Modified on 7/14/2011 (td, ). (Entered: 07/12/2011)
2011-07-12	19	NOTICE of Error in Filing by TERESA K. KIM re 18 MOTION to Dismiss and Proposed Order (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Siemer, Deanne) (Entered: 07/12/2011)
2011-07-18	20	ORDER denying 8 Motion to Compel. Signed by Judge Reggie B. Walton on 07/18/11. (TH, ) (Entered: 07/18/2011)
2011-07-19		MINUTE ORDER granting 17 Consent Motion for Extension of Time to File Reply Memorandum. Upon consideration of Defendants Consent Motion for an Extension of Time to File Reply Memorandum, and the entire record herein, it is hereby ORDERED that Defendants Motion is GRANTED. It is further ORDERED that Defendant shall have to, and including, August 1, 2011 to file its reply memorandum in support of its motion for summary judgment. Signed by Judge Reggie B. Walton on 07/19/2011. (TH, ) (Entered: 07/19/2011)
2011-07-19		Set/Reset Deadlines: Reply due by 8/1/2011. (mpt, ) (Entered: 07/19/2011)
2011-08-01	21	REPLY to opposition to motion re 6 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Supplemental Declaration of Pamela Brown Blackburn, # 2 Supplemental Declaration of Jessica Charles)(Simon, Jeremy) (Entered: 08/01/2011)
2012-03-30	22	ORDER granting 6 Motion for Summary Judgment. Signed by Judge Reggie B. Walton on 03/30/12. (TH, ) (Entered: 03/30/2012)
2012-05-07	23	MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 05/07/12. (TH, ) (Entered: 05/07/2012)
2012-05-07	24	FINAL ORDER. This Order accompanies the Memorandum Opinion also issued on this date. Signed by Judge Reggie B. Walton on 05/07/12. (TH, ) (Entered: 05/07/2012)
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