Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that the FAA conducted an adequate search for emails requested by David Pardo and that the agency was not required to search its back-up tapes without a specific request to do so. The agency searched based on the subject matter and the parties specified by Pardo. It found about 20 pages of emails which it disclosed to Pardo. During the appeals process, Pardo suggested that the search would be inadequate if it did not include a search of back-up tapes, but he did not specifically request such a search, even though the agency had given him a fee estimate for such searches. The court noted that "plaintiff did not submit an additional or supplemental search request regarding the disaster recovery tapes, but instead, in his appeal of his initial request, stated his belief that a responsive search by the FAA under FOIA would include backup tapes. If Plaintiff at any point determined that the scope of his initial FOIA request was insufficient, he had the opportunity to then submit an additional request. In the event that the Plaintiff chose to do so, the FAA provided him with a cost estimate and various options to search the disaster recovery tapes." Pardo argued that the agency could not charge fees because it failed to respond within the statutory deadline. The court dismissed the claim, noting that "Plaintiff's asserted opinion in an appeal document as to how the FAA should conduct its search does not create a new request, nor does it begin to run the 20 day period outside of which Plaintiff would not be required to pay the fees associated with the search of the disaster recovery tapes."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2013-01-04	1	COMPLAINT against Federal Aviation Administration (Filing fee $ 350, receipt number 14683033187 filed by David Pardo. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Receipt)(jlan) (Entered: 01/07/2013)
2013-01-04	2	Summons Issued to be served by certified mail as to Federal Aviation Administration, U.S. Attorney and U.S. Attorney General (jlan) (Entered: 01/07/2013)
2013-01-15	3	Certificate Reporting Service by Federal Aviation Administration. Federal Aviation Administration served on 1/7/2013, answer due 2/6/2013. (jlan) (Entered: 01/21/2013)
2013-01-16	4	SUMMONS Returned Executed by David Pardo. Federal Aviation Administration served on 1/8/2013, answer due 02/06/2013. (jlan) Modified on 1/21/2013 (jlan) (Entered: 01/18/2013)
2013-01-31	5	Consent MOTION for Extension of Time to File Answer by Federal Aviation Administration. (Attachments: # 1 Proposed Order)(Kimball, Kimere) (Entered: 01/31/2013)
2013-01-31	6	ORDER granting 5 Motion for Extension of Time to Answer. Federal Aviation Administration answer due 2/19/2013. Signed by Magistrate Judge John F. Anderson on 1/31/2013. (rban, ) (Entered: 02/01/2013)
2013-02-07	7	Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Initial Pretrial Conference set for 2/27/2013 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 6/20/2013 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 6/14/2013. Signed by District Judge Claude M. Hilton on 02/07/2013. (jlan) (Entered: 02/07/2013)
2013-02-12	8	MOTION for Leave to File Supplemental Complaint by David Pardo. (Attachments: # 1 Attachment 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(clar, ) (Entered: 02/14/2013)
2013-02-12	9	NOTICE of Hearing on Motion 8 MOTION for Leave to File Supplemental Complaint: Motion Hearing set for 3/1/2013 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) (Entered: 02/14/2013)
2013-02-14		MOTIONS REFERRED to Magistrate Judge: Anderson. 8 MOTION for Leave to File Supplemental Complaint (clar, ) (Entered: 02/14/2013)
2013-02-14	10	Joint MOTION to Amend/Correct Complaint by Federal Aviation Administration, David Pardo. (Attachments: # 1 Proposed First Amended Complaint, # 2 Proposed Order)(Kimball, Kimere) (Entered: 02/14/2013)
2013-02-14	11	Joint MOTION to Vacate 7 Order Rule 16(b) Scheduling Order, by Federal Aviation Administration, David Pardo. (Attachments: # 1 Proposed First Amended Complaint, # 2 Proposed Order)(Kimball, Kimere) (Entered: 02/14/2013)
2013-02-14	12	Joint MOTION to Set Briefing Schedule by Federal Aviation Administration, David Pardo. (Attachments: # 1 Proposed First Amended Complaint, # 2 Proposed Order)(Kimball, Kimere) (Entered: 02/14/2013)
2013-02-15	13	Errata filed by David Pardo. (jlan) (Entered: 02/19/2013)
2013-02-20	14	ORDER granting Joint Motion for Leave to File Amended Complaint,Vacate Scheduling Order, and Set Summary Judgment Briefing Schedule; ORDERED that Plaintiff file electronically with the Court the complaint attached as Exhibit 1 to the Joint Motion; It is further ORDERED that the 7 Scheduling Order of February 7, 2013 is VACATED (See order for details). Signed by Magistrate Judge John F. Anderson on 02/20/2013. (jlan) (Entered: 02/21/2013)
2013-02-25	15	FIRST AMENDED COMPLAINT against Federal Aviation Administration filed by David Pardo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(jlan) (Entered: 02/26/2013)
2013-02-28	16	Defendant's ANSWER to Complaint First Amended Complaint by Federal Aviation Administration.(Kimball, Kimere) (Entered: 02/28/2013)
2013-03-11	17	MOTION for Summary Judgment by Federal Aviation Administration. (Attachments: # 1 Hearing Notice, # 2 Roseboro Notice, # 3 Proposed Order)(Kimball, Kimere) (Entered: 03/11/2013)
2013-03-11	18	Memorandum in Support re 17 MOTION for Summary Judgment filed by Federal Aviation Administration. (Attachments: # 1 Exhibit DEX 1 Kreischer Declaration, # 2 Exhibit DEX 2 MacPherson Declaration, # 3 Exhibit DEX 3 West Declaration, # 4 Exhibit DEX 4 Head Declaration)(Kimball, Kimere) (Entered: 03/11/2013)
2013-03-13		Notice of Correction: The filing user has been notified to file the document separately for each pleading re 17 MOTION for Summary Judgment (jlan) (Entered: 03/13/2013)
2013-03-13	19	Notice of Hearing Date re 17 MOTION for Summary Judgment (Kimball, Kimere) (Entered: 03/13/2013)
2013-03-13	20	Roseboro Notice as to Motion for Summary Judgment by Federal Aviation Administration (Kimball, Kimere) (Entered: 03/13/2013)
2013-03-13		Set Deadline as to 17 MOTION for Summary Judgment . Motion Hearing set for 5/17/2013 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (stas) (Entered: 03/13/2013)
2013-03-14	21	CERTIFICATE of Service (Amended) re 19 Notice of Hearing Date, 20 Roseboro Notice by Kimere Jane Kimball on behalf of Federal Aviation Administration (Kimball, Kimere) (Entered: 03/14/2013)
2013-04-05	22	CROSS-MOTION for Summary Judgment by David Pardo. (Attachments: # 1 Proposed Order)(jlan) (Entered: 04/08/2013)
2013-04-05	23	Memorandum in Support re 22 CROSS-MOTION for Summary Judgment filed by David Pardo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(jlan) (Entered: 04/08/2013)
2013-04-05	24	NOTICE of Hearing on Motion 22 MOTION for Summary Judgment : Motion Hearing set for 5/17/2013 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (jlan) (Entered: 04/08/2013)
2013-04-22	25	REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by Federal Aviation Administration. (Attachments: # 1 Exhibit DEX 5 Roberts Decl., # 2 Exhibit DEX 6 Kreischer Supp. Decl., # 3 Exhibit DEX 7 Gulisano Decl.)(Kimball, Kimere) (Entered: 04/22/2013)
2013-04-22	26	Memorandum in Opposition re 22 MOTION for Summary Judgment filed by Federal Aviation Administration. (Attachments: # 1 Exhibit DEX 5 Roberts Decl., # 2 Exhibit DEX 6 Kreischer Supp. Decl., # 3 Exhibit DEX 7 Gulisano Decl.)(Kimball, Kimere) (Entered: 04/22/2013)
2013-05-02	27	Reply to Motion re 17 MOTION for Summary Judgment filed by David Pardo. (jlan) (Entered: 05/04/2013)
2013-05-17	28	Minute Entry for proceedings held before District Judge Claude M. Hilton: Motion Hearing held on 5/17/2013. Appearance of Pltf, Pro Se and Counsel for Defendant. Defendant's 17 Motion for Summary Judgment and Plaintiff's 22 Cross Motion for Summary Judgment - Argued and taken under advisement. (Court Reporter: Westfall)(tarm) (Entered: 05/17/2013)
2013-07-10	29	MEMORANDUM OPINION in re 17 MOTION for Summary Judgment. Signed by District Judge Claude M. Hilton on 07/10/2013. (jlan) (Entered: 07/12/2013)
2013-07-10	30	ORDER granting 17 Motion for Summary Judgment; denying 22 Motion for Summary Judgment. Signed by District Judge Claude M. Hilton on 07/10/2013. (jlan) (Entered: 07/12/2013)
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