Case Detail

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that the Transportation Department has not yet shown that it conducted an adequate search for records concerning the recall of an Evenflo Discovery car seat. Safety Research & Strategies requested both internal and external communications between the agency and third parties. The National Highway Traffic Safety Administration searched its records, located 158 pages, and released 54 pages. Safety Research appealed and NHTSA's chief counsel agreed that the original search had not been comprehensive enough because it did not look for internal communications. A second similar search was conducted which yielded an additional 641 pages, of which 23 were withheld. Safety Research filed suit, challenging the agency's search. Safety Research argued the search instructions for the second search were virtually identical to that of the first search, and since the first search had been found inadequate on appeal, the second search must implicitly still be inadequate. Huvelle agreed that the search instructions were superficially the same, but noted that "although the two searches employed the same methodology, they did in fact differ in scope. Specifically, in its initial search, NHTSA erroneously interpreted plaintiff's request as encompassing external communications between NHTSA and Evenflo, but not internal communications within NHTSA relating to the Evenflo matter. Before the second search, however, the agency acknowledged that plaintiff's request included all of NHTSA's internal correspondence relating to the Evenflo matter, and as a result, it expanded the scope of the remanded search to include those materials." Huvelle, however, agreed with Safety Research that the agency had failed to identify its search terms, sending the request to ten staffers who might have responsive records. Although the agency argued its ability to use keyword searches was hampered by the lack of any central database, Huvelle pointed out that "the Court is aware of no caselaw. . . suggesting that search terms are unnecessary where the agency does not have a central searchable database. The need to disclose the search terms used to identify responsive documents may be equallyâ€"if not moreâ€"important where the agency lacks a centralized database and the searches were therefore done by individual document custodians." Under the circumstances, Huvelle also agreed with Safety Research that the released records suggested the existence of other responsive records that had not been located. She observed that "the Court cannot state with confidence that the 'methods used to carry out the search' were in fact 'appropriate' based on the declarations provided by the agency. Thus, when combined with NHTSA's failure to provide the search terms used by nine of the ten potential document custodians, the Court finds that the unlikely absence of any external communications between NHTSA and Evenflo supports summary judgment for plaintiff."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-04-10	1	COMPLAINT against U.S. DEPARTMENT OF TRANSPORTATION ( Filing fee $ 350, receipt number 4616047352) filed by SAFETY RESEARCH & STRATEGIES, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 04/10/2012)
2012-04-10		SUMMONS (3) Issued as to U.S. DEPARTMENT OF TRANSPORTATION, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/10/2012)
2012-04-10	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by SAFETY RESEARCH & STRATEGIES, INC. (jf, ) (Entered: 04/10/2012)
2012-04-23	3	NOTICE of Appearance by Emily Kathryn Tyler on behalf of U.S. DEPARTMENT OF TRANSPORTATION (Tyler, Emily) (Entered: 04/23/2012)
2012-05-03	4	MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Tyler, Emily) (Entered: 05/03/2012)
2012-05-03		MINUTE ORDER granting 4 Unopposed Motion for Extension of Time to Answer: UPON CONSIDERATION of the Defendant's Unopposed Motion for an Extension of Time, it is hereby ORDERED that Defendant's Motion is GRANTED; and it is further ORDERED that Defendant's Answer or other response to the complaint is due by June 11, 2012. Signed by Judge Ellen S. Huvelle on May 3, 2012. (AG) (Entered: 05/03/2012)
2012-06-04	5	MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Tyler, Emily) (Entered: 06/04/2012)
2012-06-06		MINUTE ORDER granting 5 Unopposed Motion for Extension of Time to Answer: UPON CONSIDERATION of the Defendant's Unopposed Motion for an Extension of Time, it is hereby ORDERED that Defendant's Motion is GRANTED; and it is further ORDERED that Defendant's Answer or other response is due by July 11, 2012. Signed by Judge Ellen S. Huvelle on June 6, 2012. (AG) (Entered: 06/06/2012)
2012-07-11	6	MOTION for Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Abbott Declaration, # 2 DiMarsico Declaration, # 3 Sade Declaration)(Tyler, Emily) (Entered: 07/11/2012)
2012-07-20	7	Consent MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Summary Judgment by SAFETY RESEARCH & STRATEGIES, INC. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 07/20/2012)
2012-07-20		MINUTE ORDER granting 7 Consent Motion for Extension of Time to File Response re 6 defendant's Motion for Summary Judgment: UPON CONSIDERATION of plaintiff's consent motion for an enlargement of time, and for good cause, it is hereby ORDERED that plaintiff's response to defendant's pending motion for summary judgment is due by August 22, 2012. Signed by Judge Ellen S. Huvelle on July 20, 2012. (AG) (Entered: 07/20/2012)
2012-07-24	8	Consent MOTION to Amend/Correct Scheduling Order by SAFETY RESEARCH & STRATEGIES, INC. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 07/24/2012)
2012-07-24		MINUTE ORDER granting 8 Consent Motion to Amend/Correct: UPON CONSIDERATION of plaintiff's consent motion to amend scheduling order, and for good cause, it is hereby ORDERED that the Court's minute order of July 20, 2012, is amended, and plaintiff's response to defendant's pending motion for summary judgment may be filed no later than August 29, 2012. Signed by Judge Ellen S. Huvelle on July 24, 2012. (AG) (Entered: 07/24/2012)
2012-07-25		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 8/22/2012. (gdf) (Entered: 07/25/2012)
2012-08-28	9	Memorandum in opposition to re 6 MOTION for Summary Judgment filed by SAFETY RESEARCH & STRATEGIES, INC.. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration of David L. Sobel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Text of Proposed Order)(Sobel, David) (Entered: 08/28/2012)
2012-08-28	10	Cross MOTION for Partial Summary Judgment by SAFETY RESEARCH & STRATEGIES, INC. (Attachments: # 1 Statement of Facts, # 2 Declaration of David L. Sobel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Text of Proposed Order)(Sobel, David) (Entered: 08/28/2012)
2012-08-29	11	Unopposed MOTION for Extension of Time to File Response/Reply in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Tyler, Emily) (Entered: 08/29/2012)
2012-08-29		MINUTE ORDER granting 11 Unopposed Motion for Extension of Time to File Reply re 6 MOTION for Summary Judgment and Response re 10 Cross MOTION for Partial Summary Judgment: UPON CONSIDERATION of the Defendant's Unopposed Motion for Extension of Time to File Reply in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment, and for good cause shown, it is hereby ORDERED that Defendant's motion is GRANTED, and it is further ORDERED that Defendant shall submit a reply in support of Defendant's Motion for Summary Judgment at the same time that it submits an opposition to Plaintiff's Cross-Motion for Partial Summary Judgment, and it is further ORDERED that Defendant shall have to, and including, Friday, September 14, 2012, to file its reply and opposition. Signed by Judge Ellen S. Huvelle on August 29, 2012. (AG) (Entered: 08/29/2012)
2012-09-14	12	REPLY to opposition to motion re 6 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Supplemental DiMarsico Declaration, # 2 Supplemental Abbott Declaration, # 3 Schmidt Declaration)(Tyler, Emily) (Entered: 09/14/2012)
2012-09-14	13	Memorandum in opposition to re 10 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Response to Statement of Material Facts, # 2 Supplemental DiMarsico Declaration, # 3 Supplemental Abbott Declaration, # 4 Schmidt Declaration)(Tyler, Emily) (Entered: 09/14/2012)
2012-09-25	14	MOTION for Extension of Time to File Response/Reply by SAFETY RESEARCH & STRATEGIES, INC. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 09/25/2012)
2012-09-28	15	NOTICE OF SUBSTITUTION OF COUNSEL by Peter C. Pfaffenroth on behalf of U.S. DEPARTMENT OF TRANSPORTATION Substituting for attorney Emily Kathryn Tyler (Pfaffenroth, Peter) (Entered: 09/28/2012)
2012-09-28	16	RESPONSE re 14 MOTION for Extension of Time to File Response/Reply Defendant's Notice of Non-Opposition to Plaintiff's Motion for an Enlargement of Time filed by U.S. DEPARTMENT OF TRANSPORTATION. (Pfaffenroth, Peter) (Entered: 09/28/2012)
2012-09-28		MINUTE ORDER: It is hereby ORDERED that 14 plaintiff's Motion for an Enlargement of Time in Which to File its Reply in Support of 10 its Cross Motion for Partial Summary Judgment is GRANTED; and it is further ORDERED that plaintiff's reply is due October 5, 2012. SO ORDERED. Signed by Judge Ellen S. Huvelle on September 28, 2012. (lcesh1) (Entered: 09/28/2012)
2012-10-05	17	REPLY to opposition to motion re 10 Cross MOTION for Partial Summary Judgment filed by SAFETY RESEARCH & STRATEGIES, INC.. (Sobel, David) (Entered: 10/05/2012)
2012-11-08	18	MEMORANDUM AND OPINION. Signed by Judge Ellen S. Huvelle on November 8, 2012. (lcesh2) (Entered: 11/08/2012)
2012-11-08		Set/Reset Deadlines: Response due by 12/21/2012 Reply due by 1/3/2013. (gdf) (Entered: 11/08/2012)
2012-11-08	19	ORDER denying 6 Motion for Summary Judgment; holding in abeyance 10 Motion for Partial Summary Judgment. Signed by Judge Ellen S. Huvelle on November 8, 2012. (lcesh2) (Entered: 11/08/2012)
2012-12-10	20	MOTION for Summary Judgment (Renewed) and Response to the Court's November 8, 2012, Order by U.S. DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Declaration (Third) of A. DiMarsico, # 2 Declaration of M. Skinner, # 3 Declaration of S. Yon, # 4 Declaration of A. Noel, # 5 Declaration of G. Magno, # 6 Declaration of J. Timian, # 7 Declaration of K. Schuler, # 8 Declaration of N. Beuse, # 9 Declaration of J. Dang, # 10 Declaration of T. Rockwell, # 11 Declaration of L. Collins, # 12 Declaration of R. Saul, # 13 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 12/10/2012)
2012-12-19	21	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment (Renewed) and Response to the Court's November 8, 2012, Order by SAFETY RESEARCH & STRATEGIES, INC. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 12/19/2012)
2012-12-20		MINUTE ORDER granting 21 Motion for Extension of Time to File Response re 20 Renewed MOTION for Summary Judgment and Response to the Court's November 8, 2012, Order: UPON CONSIDERATION of plaintiff's consent motion for an enlargement of time, and for good cause, it is hereby ORDERED that plaintiff's response to defendant's renewed motion for summary judgment is due by January 22, 2013. Signed by Judge Ellen S. Huvelle on December 20, 2012. (AG) (Entered: 12/20/2012)
2012-12-20		Reset Deadlines: Responses due by 1/22/2013 (tj ) (Entered: 12/20/2012)
2013-01-17	22	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment (Renewed) and Response to the Court's November 8, 2012, Order by SAFETY RESEARCH & STRATEGIES, INC. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 01/17/2013)
2013-01-23	23	ORDER DISMISSING CASE pending final settlement and finding as moot 10 Motion for Partial Summary Judgment, 20 Motion for Summary Judgment, and 22 Motion for Extension of Time to File Response. Signed by Judge Ellen S. Huvelle on January 23, 2013. (AG) (Entered: 01/23/2013)
2013-01-24	24	STIPULATION of Dismissal and Settlement by SAFETY RESEARCH & STRATEGIES, INC., U.S. DEPARTMENT OF TRANSPORTATION. (Pfaffenroth, Peter) (Entered: 01/24/2013)
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