Micolo v. DOJ, No. 16-5635, 2018 WL 4636985 (E.D.N.Y. Sept. 27, 2018) (Seybert, J.)

Micolo v. DOJ, No. 16-5635, 2018 WL 4636985 (E.D.N.Y. Sept. 27, 2018) (Seybert, J.)

Re:  Request for records concerning robbery investigation involving plaintiff

Disposition:  Granting defendant's motion for summary judgment

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that "Plaintiff has received all of the documents previously withheld from the July 2015 Release[]" and dismisses that count.
   
• Litigation Considerations, Adequacy of Search:  "Based on the facts contained in [defendant's] [d]eclaration, the Court finds that the searches were adequate and reasonable and that Defendant has sustained its burden to show that it complied with FOIA."  The court relates that "[defendant's] [d]eclaration describes the FBI databases and records systems that were searched . . . and the specific steps taken by the FBI in response to each of Plaintiff's requests[.]"  "Specifically, for each request, the declaration outlines the electronic database(s) and/or paper files searched, the search types and terms, and the reasons for each of the steps taken by the bureau."  "[Defendant's] Declaration also details the additional searches conducted after the commencement of this action and explains how and why an additional five documents were located at that time."