DeSilva v. HUD, No. 12-366, 2014 WL 1389571 (D.D.C. Apr. 10, 2014) (Walton, J.)

DeSilva v. HUD, No. 12-366, 2014 WL 1389571 (D.D.C. Apr. 10, 2014) (Walton, J.)

Re: Request for records concerning project at Skyland Shopping Center

Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for defendant to supplement its documents release

• Litigation Considerations, Adequacy of Search:  The court holds that "[b]ecause [defendant's] declarations, when considered together, address the likely location of responsive records, the search terms used, where the searches were conducted, . . . and aver that a 'thorough and exhaustive search for documents,' was conducted, . . . the Court finds that the defendant has sufficiently established that its search for responsive records was adequate."  The court also finds that "[b]ecause the plaintiff merely speculates about the existence of additional records, he has failed to overcome the presumption of good faith accorded to the defendant's declarations."

• Procedural Requirements, Agency Records:  The court "denies the plaintiff's motion for an order requiring the defendant to supplement its FOIA production."  The court finds that "the agency had neither obtained nor was in control of the documents [at issue in plaintiff's motion] when its FOIA production was completed, much less 'when the FOIA request [was] made.'"