Case Detail

FOIA Project Annotation: A federal court in Georgia has ruled that the FAA conducted an adequate search for records related to back pay awarded to air traffic supervisors and managers working at the Atlanta Tower between 2002 and 2004. Both the air traffic and human resources offices were searched and a number of responsive records were located, although some potentially responsive forms had not been retained. Gerald Cunningham argued the agency had not shown that it conducted an adequate search and suggested it had acted in bad faith. The court found that "the searches relating to the Plaintiff's requests were conducted in databases and files reasonably expected to contain relevant records. The searches were also tailored to the content that the Plaintiff requested, as well as the relevant dates stipulated in his request." Rejecting Cunningham's argument that the search was inadequate because it did not find certain records, the court indicated that "this Court [has previously] rejected the argument that a search is inadequate merely because no records were found." Dismissing the claim that the agency had failed to save SF-52 forms, the court noted that such a failure was "immaterial to the adequacy of the search itself. The fact that the SF-52 forms, if still in existence, would have appeared during an adequate search does not render the search inadequate. . .Further undermining the Plaintiff's argument is that the SF-52 forms were not destroyed following his FOIA request. They were never saved to begin with."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-10-15	1	COMPLAINT filed by Gerald Cunningham; and Summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 113E-4205807.) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/16/2012)
2012-10-15	2	Electronic Summons Issued as to Federal Aviation Administration. (eop) (Entered: 10/16/2012)
2012-10-26	3	Return of Service Executed by Gerald Cunningham. Federal Aviation Administration served on 10/19/2012, answer due 11/19/2012. (Cunningham, Gerald) Modified on 10/26/2012 to edit answer due date (mdy) (Entered: 10/26/2012)
2012-10-26		Notification of Docket Correction re 3 Return of Service Executed as to USA. Entry corrected to edit answer due date to 11/19/2012 . (mdy) (Entered: 10/26/2012)
2012-10-26	4	CERTIFICATE OF SERVICE filed by Gerald Cunningham Copy of Summons/Complaint to US Attorney General (Cunningham, Gerald) (Entered: 10/26/2012)
2012-11-13	5	REVISED CASE INSTRUCTIONS. (mdy) (Entered: 11/14/2012)
2012-11-15	6	Return of Service Executed by Gerald Cunningham. (Cunningham, Gerald) (Entered: 11/15/2012)
2012-11-15	7	MOTION for Extension of Time to File Answer with Brief In Support by Federal Aviation Administration. (Attachments: # 1 Text of Proposed Order)(Williams, Melaine) (Entered: 11/15/2012)
2012-11-19	8	RESPONSE in Opposition re 7 MOTION for Extension of Time to File Answer filed by Gerald Cunningham. (Attachments: # 1 Brief Memorandum)(Cunningham, Gerald) (Entered: 11/19/2012)
2012-11-19		MINUTE ORDER by Judge J. Owen Forrester granting 7 Motion for Extension of Time to Answer, All Defendants. Answer due December 17, 2012.(pkl) (Entered: 11/19/2012)
2012-12-19	9	Unopposed MOTION for Extension of Time After Expiration of the Designated Period with Brief In Support by Federal Aviation Administration. (Attachments: # 1 Text of Proposed Order)(Williams, Melaine) (Entered: 12/19/2012)
2012-12-19	10	MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Federal Aviation Administration. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Williams, Melaine) (Entered: 12/19/2012)
2012-12-19	11	MOTION for Summary Judgment with Brief In Support by Federal Aviation Administration. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Exhibit A, # 4 Errata B, # 5 Exhibit C)(Williams, Melaine) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 12/19/2012)
2012-12-20		MINUTE ORDER by CRD granting 9 Unopposed Motion for Extension of Time. (pkl) (Entered: 12/20/2012)
2012-12-20	12	ORDER OF RECUSAL. Judge J. Owen Forrester recused. Case reassigned to Judge Thomas W. Thrash, Jr. for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:12-cv-03577-TWT . Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge J. Owen Forrester on 12/19/2012. (mdy) (Entered: 12/20/2012)
2013-01-05	13	RESPONSE in Opposition re 11 MOTION for Summary Judgment filed by Gerald Cunningham. (Attachments: # 1 Brief Memo in Opposition, # 2 Affidavit Cunningham Declaration, # 3 Exhibit Cochran Letter, # 4 Exhibit HR Letter, # 5 Exhibit Cunningham Letter, # 6 Exhibit OPM Standard Forms, # 7 Exhibit FAA Record Retention, # 8 Statement of Material Facts Plaintiff's Response, # 9 Statement of Material Facts Plaintiff's Facts for Trial)(Cunningham, Gerald) (Entered: 01/05/2013)
2013-01-11	14	DOCUMENT FILED IN ERROR - NOTICE (Williams, Melaine) Modified on 1/14/2013 (dr). (Entered: 01/11/2013)
2013-01-11	15	WITHDRAWAL of 10 MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Federal Aviation Administration. (dr) (Entered: 01/14/2013)
2013-01-14		Notification of Docket Correction re 14 Notice which is FILED IN ERROR. For the correct entry refer to 15 Withdrawal of Motion. (dr) (Entered: 01/14/2013)
2013-01-25	16	REPLY BRIEF re 11 MOTION for Summary Judgment filed by Federal Aviation Administration. (Attachments: # 1 Exhibit A Declaration of Walter Cochran, # 2 Exhibit B Declaration of Kathleen Kowsky)(Williams, Melaine) (Entered: 01/25/2013)
2013-01-25	17	Response to Statement of Material Facts re 11 MOTION for Summary Judgment (Response to Statement Filed By Plaintiff) filed by Federal Aviation Administration. (Williams, Melaine) (Entered: 01/25/2013)
2013-01-29		Submission of 11 MOTION for Summary Judgment , submitted to District Judge Thomas W. Thrash. (dr) (Entered: 01/29/2013)
2013-01-30	18	MOTION to Exclude Court's Consideration of Defendant's 16 Reply Brief , with Brief In Support by Gerald Cunningham. (Attachments: # 1 Brief Support of Rule 7F Motion)(Cunningham, Gerald) Modified related document/text on 1/31/2013 (dr). (Entered: 01/30/2013)
2013-02-26		Submission of 18 MOTION to Exclude Court's Consideration of 16 Reply Brief, submitted to District Judge Thomas W. Thrash. (dr) (Entered: 02/26/2013)
2013-08-01	19	MOTION for Leave to File Declarations with Reply Brief with Brief In Support by Federal Aviation Administration. (Attachments: # 1 Text of Proposed Order)(Williams, Melaine) (Entered: 08/01/2013)
2013-08-05	20	RESPONSE in Opposition re 19 MOTION for Leave to File Declarations with Reply Brief filed by Gerald Cunningham. (Cunningham, Gerald) (Entered: 08/05/2013)
2013-08-19	21	REPLY BRIEF re 19 MOTION for Leave to File Declarations with Reply Brief filed by Federal Aviation Administration. (Williams, Melaine) (Entered: 08/19/2013)
2013-08-29		Submission of 19 MOTION for Leave to File Declarations with Reply Brief , submitted to District Judge Thomas W. Thrash. (dr) (Entered: 08/29/2013)
2013-08-29	22	OPINION AND ORDER granting 11 Motion for Summary Judgment, denying 18 Motion to Exclude, granting 19 Motion for Leave to File. Signed by Judge Thomas W. Thrash, Jr on 8/29/13. (dr) (Entered: 08/30/2013)
2013-08-29		Civil Case Terminated. (dr) (Entered: 08/30/2013)
2013-08-30	23	CLERK'S JUDGMENT in favor of Federal Aviation Administration against Gerald Cunningham. (dr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 08/30/2013)
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