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Abakporo v. EOUSA, No. 18-846, 2020 WL 4597054 (D.D.C. Aug. 11, 2020) (Kelly, J.)

Date

Abakporo v. EOUSA, No. 18-846, 2020 WL 4597054 (D.D.C. Aug. 11, 2020) (Kelly, J.)

Re:  Request for records concerning extensions of the term of grand jury that indicted plaintiff

Disposition:  Granting defendant's renewed motion for summary judgment

  • Litigation Considerations, Adequacy of Search & Mootness and Other Grounds for Dismissal:  The court holds that "EOUSA has now satisfied its obligations under FOIA to search for and disclose all responsive records."  The court finds that "[b]ecause the U.S. Attorney's Office prosecuted [plaintiff's] criminal case, EOUSA's declarant explains, records responsive to Plaintiff's FOIA request likely would be found there."  The court also notes that "[e]ven though EOUSA was required only to search its own records, . . . the U.S. Attorney's Office staff obtained from the District Court the specific grand jury records of interest to [plaintiff]:  court orders that presumably reflect the dates the grand juries were extended."  The court holds that "EOUSA has shown with sufficient detail that it 'made a good faith effort to conduct a search for the requested records, using methods which can be reasonably expected to produce the information requested.'"  Additionally, the court notes that "EOUSA has represented that it disclosed in full all the records [plaintiff] requested . . . ."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Adequacy of Search
Litigation Considerations, Mootness and Other Grounds for Dismissal
Updated September 11, 2020