Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that the U.S. Maritime Administration failed to show that it conducted an adequate search in response to a FOIA request from Waleed Sayed for records concerning whether the dry dock in Mobile, Alabama was certified to have sufficient capacity to repair the Altair, which is owned an operated by the Department of Transportation but is operated by a contractor who further subcontracted repairs of the Altair to the Alabama Dry Dock. Sayeed is the engineer who signed the dry dock's July 2019 certification but is aware of a November 2019 certificate that further downgraded the drydock below the capacity necessary for safely docking the Altair. Specifically, Sayed requested the complete two-page drydock certification used by the government to authorize the drydocking of the Altair beginning in April 2020 of the Alabama Dry Dock and changes made on November 26, 2019, concerning the Navy certification of the Alabama Dry Dock. MARAD conducted a search and disclosed two pages. Sayed, dissatisfied with the agency's response filed an appeal arguing that the agency should have produced documents, including an associated table. MARAD searched again, indicating that the alleged table had been prepared by the Alabama Shipyard but had been provided to the agency. Sayed filed suit. The court found that the agency's declaration had not sufficiently explained its search. The court pointed out that "although the Court has no doubt that the referenced shared drives would likely contain responsive documents, the level of detail provided does not permit the Court to determine whether those are the only locations where responsive materials are likely to be found. Moreover, besides stating in a conclusory fashion in its December 28, 2021, response to Plaintiff that MARAD 'had performed a search reasonably calculated to uncover all responsive documents,' the declaration does not aver that all files likely to contain responsive materials were searched."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2021-11-22	1	COMPLAINT against Maritime Administration Filing fee: $ 402, receipt number AMADC-9066713 (Fee Status: Filing Fee paid), filed by Waleed Sayed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Category Form)(Bingham, Neal). (Entered: 11/22/2021)
2021-11-22	2	ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 11/22/2021)
2021-11-22	3	Summons Issued as to Maritime Administration. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (de Oliveira, Flaviana) (Entered: 11/22/2021)
2021-12-15	4	AFFIDAVIT OF SERVICE Executed by Waleed Sayed. Maritime Administration served on 12/2/2021, answer due 12/23/2021. Acknowledgement filed by Waleed Sayed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bingham, Neal) (Entered: 12/15/2021)
2021-12-29	5	NOTICE of Appearance by Michael Fitzgerald on behalf of Maritime Administration (Fitzgerald, Michael) (Entered: 12/29/2021)
2021-12-29	6	Defendant's ANSWER to 1 Complaint, by Maritime Administration.(Fitzgerald, Michael) (Entered: 12/29/2021)
2022-01-05	7	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall submit a joint proposed schedule by 1/19/22 and indicate whether they object to the court setting a schedule on the written submission. (Folan, Karen) (Entered: 01/05/2022)
2022-01-17	8	First MOTION for Extension of Time to February 2, 2022 to File joint submission by Waleed Sayed.(Bingham, Neal) (Entered: 01/17/2022)
2022-01-18	9	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 8 Motion for Extension of Time February 2, 2022 to File joint submission. (Folan, Karen) (Entered: 01/18/2022)
2022-02-02	10	RESPONSE TO COURT ORDER by Maritime Administration re 7 Order, 9 Order on Motion for Extension of Time Filed Jointly . (Fitzgerald, Michael) (Entered: 02/02/2022)
2022-02-14	11	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has reviewed the parties’ statement regarding scheduling. [ECF No. 10 ]. Plaintiff Waleed Sayed seeks limited discovery, while Defendant U.S. Maritime Administration argues that discovery is not necessary at this time and requests that it be allowed to file its motion for summary judgment and supporting declaration by March 21, 2022. [ Id. ]. Plaintiff brings this suit pursuant to the Freedom of Information Act (“FOIA”). [ECF No. 1]. “FOIA cases are typically decided on motions for summary judgment.” Am. C.L. Union Found., Inc. v. United States Dep’t of Educ. , 320 F. Supp. 3d 270, 276 (D. Mass. 2018). “Affidavits submitted by an agency [at the summary judgment stage] are accorded a presumption of good faith,... [and] accordingly, discovery relating to the agency’s search and the exemptions it claims for withholding records generally is unnecessary if the agency’s submissions are adequate on their face .” Carney v. U.S. Dep’t of Just. , 19 F.3d 807, 812 (2d Cir. 1994) (emphasis added). Although Plaintiff cites to many cases to support his claim that discovery is appropriate at this stage of the case, [ECF No. 10 at 3–4], generally speaking, those cases actually demonstrate that courts typically do not allow discovery until at least the agency’s summary judgment motion and supporting affidavits have been filed and ultimately do not support his position that discovery should proceed at this time. See, e.g. , Am. C.L. Union of Massachusetts, Inc. v. U.S. Immigr. & Customs Enf’t , 448 F. Supp. 3d 27, 44 (D. Mass. 2020) (allowing discovery after denying summary judgment motion). Accordingly, this case will proceed as follows: (1) any motions for summary judgment are due by April 6, 2022 ; (2) the deadlines for oppositions and replies to any motions for summary judgment are governed by Local Rule 56.1; and (3) if factual issues come “to fruition subsequent to the filing of a summary judgment motion,” the Court reserves the right to permit discovery, either sua sponte or at the request of a party. See Church of Scientology of Bos. v. I.R.S. , 137 F.R.D. 201, 202 (D. Mass. 1991). (McManus, Caetlin) (Entered: 02/14/2022)
2022-04-06	12	MOTION for Summary Judgment by Maritime Administration.(Fitzgerald, Michael) (Entered: 04/06/2022)
2022-04-06	13	MEMORANDUM in Support re 12 MOTION for Summary Judgment filed by Maritime Administration. (Fitzgerald, Michael) (Entered: 04/06/2022)
2022-04-06	14	Statement of Material Facts L.R. 56.1 re 12 MOTION for Summary Judgment filed by Maritime Administration. (Attachments: # 1 Exhibit Declaration)(Fitzgerald, Michael) (Entered: 04/06/2022)
2022-04-27	15	Opposition re 12 MOTION for Summary Judgment filed by Waleed Sayed. (Bingham, Neal) (Entered: 04/27/2022)
2022-04-27	16	Statement of Material Facts L.R. 56.1 re 12 MOTION for Summary Judgment filed by Waleed Sayed. (Bingham, Neal) (Entered: 04/27/2022)
2022-04-27	17	AFFIDAVIT in Opposition re 12 MOTION for Summary Judgment filed by Waleed Sayed. (Attachments: # 1 Exhibit A)(Bingham, Neal) (Entered: 04/27/2022)
2022-05-06	18	Assented to MOTION for Extension of Time to May 25, 2022 to File Response/Reply by Maritime Administration.(Fitzgerald, Michael) (Entered: 05/06/2022)
2022-05-06	19	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 18 Assented to MOTION for Extension of Time to May 25, 2022 to File Response/Reply , 12 MOTION for Summary Judgment Replies due by 5/25/2022. (Folan, Karen) (Entered: 05/06/2022)
2022-05-25	20	REPLY to Response to 12 MOTION for Summary Judgment filed by Maritime Administration. (Fitzgerald, Michael) (Entered: 05/25/2022)
2022-06-03	21	Assented to MOTION for Leave to File Sur-Reply by Waleed Sayed. (Attachments: # 1 Exhibit A)(Bingham, Neal) (Entered: 06/03/2022)
2022-06-06	22	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 21 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) (Entered: 06/06/2022)
2022-06-06	23	SUR-REPLY to Motion re 12 MOTION for Summary Judgment filed by Waleed Sayed. (Bingham, Neal) (Entered: 06/06/2022)
2022-12-27	24	Judge Allison D. Burroughs: MEMORANDUM AND ORDER on Defendant's Motion For Summary Judgment. For the reasons stated herein, the Court finds that MARAD has failed to establish that it made a good faith effort to conduct a search for the requested records, using methods reasonably expected to locate such information, and therefore DENIES its motion for summary judgment. [ECF No. 12 ]. The Court further permits the discovery requested by Plaintiff in the joint response to the Court’s order. See [ECF No. 10 at 5]. SO ORDERED. (McManus, Caetlin) (Entered: 12/27/2022)
2023-03-20	25	NOTICE of Appearance by Olaf Aprans on behalf of Alabama Shipyard, LLC (Aprans, Olaf) (Entered: 03/20/2023)
2023-03-20	26	MOTION to Quash Document Subpoena by Alabama Shipyard, LLC.(Aprans, Olaf) (Entered: 03/20/2023)
2023-03-20	27	MEMORANDUM in Support re 26 MOTION to Quash Document Subpoena filed by Alabama Shipyard, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Aprans, Olaf) (Entered: 03/20/2023)
2023-04-03	28	RESPONSE to Motion re 26 MOTION to Quash Document Subpoena filed by Waleed Sayed. (Bingham, Neal) (Entered: 04/03/2023)
2023-04-07	29	MOTION for Leave to File Reply in Support of Motion to Quash Third Party Subpoena by Alabama Shipyard, LLC. (Attachments: # 1 Exhibit (Draft Reply Memorandum))(Aprans, Olaf) (Entered: 04/07/2023)
2023-04-10	30	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) (Entered: 04/10/2023)
2023-04-10	31	REPLY to Response to 26 MOTION to Quash Document Subpoena filed by Alabama Shipyard, LLC. (Aprans, Olaf) (Entered: 04/10/2023)
2023-05-04	32	Judge Allison D. Burroughs: ORDER entered granting 26 Motion to Quash Document Subpoena. For the reasons set forth below, the Court construes Alabama Shipyard's motion as a Motion for Reconsideration of the Court's Memorandum and Order on Defendant's Motion for Summary Judgment, [ECF No. 24 ], and GRANTS the motion. (McManus, Caetlin) (Entered: 05/04/2023)
2023-05-08	33	STIPULATION of Dismissal by Waleed Sayed. (Bingham, Neal) (Entered: 05/08/2023)
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