Zhao v. Dep't of State, No. 16-7108, 2018 WL 3546177 (E.D.N.Y. July 23, 2018) (Donnelly, J.)

Zhao v. Dep't of State, No. 16-7108, 2018 WL 3546177 (E.D.N.Y. July 23, 2018) (Donnelly, J.)

Re:  Request for research documents

Disposition:  Granting defendant's motion for summary judgment

• Procedural Requirements, Searching for Responsive Records: The court holds that the defendant conducted an adequate search for documents that the plaintiff claims he provided to the U.S. Embassy in Thailand.  The defendant searched two offices' paper and electronic files at the Bureau of Near Eastern Affairs because one office "coordinates NEA briefing materials for the State Department concerning the Near East, and [the other office] monitors developments in Iraq."  At the U.S. Embassy, the defendant searched two additional offices' paper and electronic files.  The court explains that the defendant "would have considered the plaintiff's unsolicited research materials . . .'temporary' records, which were likely destroyed 90 days after receipt."  The court rejects the plaintiff's arguments that the defendant "should have used specific search terms and should have produced a video tape of him delivering his research materials."