Case Detail

FOIA Project Annotation: A federal court in Maryland has ruled that the Bureau of Alcohol, Tobacco and Firearms conducted an adequate search for personnel records requested by former employee Sim Moore. Moore requested his entire personnel file and when the agency failed to respond in a timely manner, he filed suit. After being told that his file was at the National Personnel Records Center, the agency finally produced his entire personnel file with redactions of third party personal information. Believing the agency's response was incomplete, Moore provided the agency with a list of six categories of records he believed should be in his personnel file pertaining to disciplinary actions, a signed settlement agreement, and medical records. But the Branch Chief of Payroll told the agency FOIA office that "the items listed by Mr. Moore are not the types of items that are filed in the [Official Personnel File]." The agency contended Moore was required to submit another FOIA request for the items in the list he provided to the agency, but Moore argued those documents were responsive to his original request. The court agreed with the agency, noting that "although Moore believes that additional documents are responsive to his request, agencies are not obligated to look beyond the 'four corners' of a FOIA request 'when formulating their searches, nor [are] they required to chase rabbit trails that may appear in documents uncovered during their search.' Moore's FOIA request, on its face, seeks only a copy of his 'complete' personnel file 'including' all the documents within it. ATF reasonably interpreted Moore's request to mean that he wanted a copy of his OPF, which it produced in full. If Moore wishes ATF to produce additional documents that were not in his OPF, he should submit a second FOIA request."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2013-08-13	1	COMPLAINT against United States of America ( Filing fee $ 400 receipt number 14637068856.), filed by Sim B. Moore, Jr. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(jnls, Deputy Clerk) (Entered: 08/13/2013)
2013-09-13	2	ORDER re service of process. Signed by Judge William D Quarles, Jr on 9/13/13. (c/m 9/13/13 jnls, Deputy Clerk) (Entered: 09/13/2013)
2013-09-13	3	Summons Issued 60 days as to U.S. Attorney and U.S. Attorney General (jnls, Deputy Clerk) (Entered: 09/13/2013)
2013-10-09	4	AFFIDAVIT by Sim B. Moore, Jr. (jnls, Deputy Clerk) (Entered: 10/09/2013)
2013-10-09	5	NOTICE of Filing by Sim B. Moore, Jr (jnls, Deputy Clerk) (Entered: 10/09/2013)
2013-11-18	6	MOTION for Extension of Time to File Answer by United States of America Responses due by 12/5/2013 (Lawrence, Victor) (Entered: 11/18/2013)
2013-11-18	7	MARGINAL ORDER granting 6 Motion of USA for Extension of Time to Answer United States of America answer due 12/18/2013.. Signed by Judge William D Quarles, Jr on 11/18/13. (c/m 11/18/13 jnls, Deputy Clerk) (Entered: 11/18/2013)
2013-11-22	8	SUMMONS Returned Executed as U.S. Attorney, Attorney General and ATF by Sim B. Moore, Jr. (jnls, Deputy Clerk) (Entered: 11/22/2013)
2013-12-16	9	MOTION to Dismiss for Failure to State a Claim , or in the Alternative , MOTION for Summary Judgment by United States of America Responses due by 1/2/2014 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Stephanie M. Boucher, # 3 Exhibit A - K of Declar. of Stephanie M. Boucher)(Lawrence, Victor) (Entered: 12/16/2013)
2013-12-16	10	Rule 12/56 letter mailed to Sim B. Moore, Jr. (c/m 12/16/13 jnls, Deputy Clerk) (Entered: 12/16/2013)
2014-01-06	11	RESPONSE in Opposition re 9 MOTION to Dismiss for Failure to State a Claim , or in the Alternative MOTION for Summary Judgment filed by Sim B. Moore, Jr. (jnls, Deputy Clerk) (Entered: 01/06/2014)
2014-01-23	12	REPLY to Response to Motion re 9 MOTION to Dismiss for Failure to State a Claim , or in the Alternative MOTION for Summary Judgment filed by United States of America. (Lawrence, Victor) (Entered: 01/23/2014)
2014-06-06	13	MEMORANDUM OPINION. Signed by Judge William D Quarles, Jr on 6/6/14. (c/m 6/6/14 jnls, Deputy Clerk) (Entered: 06/06/2014)
2014-06-06	14	ORDER granting 9 Motion of defendant for Summary Judgment; plaintiff may move for an award of costs within 21 days of the date of this order. Signed by Judge William D Quarles, Jr on 6/6/14. (c/m 6/6/14 jnls, Deputy Clerk) (Entered: 06/06/2014)
2014-07-02	15	ORDER dismissing complaint with prejudice; directing Clerk to close case. Signed by Judge William D Quarles, Jr on 7/2/2014. (c/m 7/2/2014 jf2, Deputy Clerk) (Entered: 07/02/2014)
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