REGGIE B. WALTON, District Judge.
Teresa K. Kim, the plaintiff in this civil case and Legal Counsel to the Lieutenant Governor of the Commonwealth of Northern Mariana Islands (the "Commonwealth"), filed this Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (2006), action "for injunctive and other appropriate relief and seeking the disclosure and release of agency records [allegedly] improperly withheld from [the] plaintiff by defendant Department of the Interior ("Interior") and its component, the Office of Insular Affairs." Complaint ("Compl.") ¶ 1. Currently before the Court is the Defendant's Motion for Summary Judgment ("Def.'s Mot.") pursuant to Federal Rule of Civil Procedure 56. After careful consideration of the complaint, the defendant's motion, and all memoranda of law submitted in conjunction with that motion,
In 2009, Interior conducted a "census [for the purpose of identifying] aliens present in the Commonwealth." Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment ("Pl.'s Opp'n") at 4. In conducting the census, intake forms were used to collect the information Interior sought to acquire, and after all of the
The plaintiff initiated this action on September 15, 2010, asserting that this "case involves the intentional destruction by an Interior Department employee of more than 20,000 documents that were responsive to [the p]laintiff's ... []FOIA[] request." Pl.'s Opp'n at 1. Furthermore, the plaintiff argues that "[t]his intentional destruction of original records immediately prior to a [FOIA] request for these records by the Commonwealth requires remedial actions by the Interior Department and, because the Department refuses to undertake any remedial steps at all, it has not and cannot meet its burden of proof." Id. The plaintiff also claims that "the Department has failed to conduct a reasonable search under the circumstances, and [that] the Department has failed to produce all of the responsive records that it has," and accordingly, the defendant's motion should be denied. Id. Finally, the plaintiff states that "[t]he spreadsheets provided by Interior are not digital copies of the originals, ... [and b]y failing to provide exact digital copies of the originals, Interior has withheld records containing information to which [the p]laintiff is entitled," id. at 11, including the "birth dates of individuals who filed forms in connection with the December 2009 census,"
After this case was filed, "[a]dditional documents were received by ... [Interior's FOIA] Office on April 1, 2011." Def.'s Stmt. ¶ 9. "Those documents consisted of e-mails relating to the alien registration sent from the personal e-mail address of the federal ombudsman." Id. The e-mails were processed and released to the plaintiff with the exception of the personal e-mail address of the federal ombudsman. Id. This information was redacted based on "Exemption 6 of FOIA because the FOIA office determined that the privacy interest outweighed any public interest in that information." Id.
In resolving a motion for summary judgment under Federal Rule of Civil Procedure 56, a court must determine whether "the movant [has demonstrated] that there is no genuine dispute as to any material fact and [that] the movant is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(a). When considering a Rule 56 motion, the Court must view the evidence in the light most favorable to the non-moving party. Holcomb v. Powell, 433 F.3d 889, 895 (D.C.Cir.2006) (citing Reeves v. Sanderson Plumbing Prods., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000)). The Court must therefore draw "all justifiable inferences" in the non-moving party's favor and accept the non-moving party's evidence as true. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The non-moving party, however, cannot rely on "mere allegations or denials," Burke v. Gould, 286 F.3d 513, 517 (D.C.Cir.2002) (quoting Anderson, 477 U.S. at 248, 106 S.Ct. 2505) (internal quotation marks omitted), as "conclusory allegations unsupported by factual data will not create a triable issue of fact," Pub. Citizen Health Research Group v. FDA, 185 F.3d 898, 908 (D.C.Cir.1999) (internal brackets and quotation marks omitted). If the Court concludes that "the nonmoving party has failed to make a sufficient showing on an essential element of its case with respect to which it has the burden of proof," then the moving party is entitled to summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 317-18, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
In a FOIA suit, an agency is entitled to summary judgment once it meets its burden of demonstrating that no material facts are in dispute and that all information falling within the class of information requested has either been produced, is unidentifiable, or is exempt from disclosure. Students Against Genocide v. Dep't of State, 257 F.3d 828, 833 (D.C.Cir. 2001). Where, as here, the adequacy of an agency search is challenged, the "defending `agency must show beyond material doubt that it has conducted a search reasonably calculated to uncover all relevant documents.'" Morley v. CIA, 508 F.3d 1108, 1114 (D.C.Cir.2007) (alteration omitted) (quoting Weisberg v. U.S. Dep't of Justice, 705 F.2d 1344, 1351 (D.C.Cir. 1983)). Thus, a "FOIA search is sufficient if the agency makes `a good faith effort to
When a FOIA exemption is asserted by an agency as grounds for the non-disclosure of responsive documents, the Court may grant summary judgment to the agency based on the information provided in an agency's affidavits if they describe "the documents and the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith." Kurdyukov v. U.S. Coast Guard, 657 F.Supp.2d 248, 252-53 (D.D.C.2009) (Walton, J.) (quoting Military Audit Project v. Casey, 656 F.2d 724, 738 (D.C.Cir.1981)). "Agency affidavits [submitted in FOIA cases] are accorded a presumption of good faith, which cannot be rebutted by purely speculative claims about the existence and discoverability of other documents." SafeCard Servs., Inc. v. SEC, 926 F.2d 1197, 1200 (D.C.Cir.1991) (internal quotation marks and citation omitted).
As an initial matter, the Court will address the plaintiff's argument that destruction of the records was intentional, and therefore, the defendant's refusal to take any "remedial actions" precludes the defendant from being able to satisfy its burden of proof. Pl.'s Opp'n at 1. The Court agrees with the defendant that the plaintiff has offered no support for the suggestion that the defendant absolutely knew that a FOIA request would be made for production of the census forms, and thus the defendant had no duty to preserve the documents prior to the request that was made for their production. Defendant's Reply in Support of Motion for Summary Judgment ("Def.'s Reply") at 4. Therefore, although the plaintiff correctly points out that courts have occasionally sanctioned an agency for destroying responsive documents in FOIA litigation, in those cases the destruction occurred after the FOIA request was made. For example, in Landmark, the court held the Environmental Protection Agency in contempt because the agency destroyed documents after the court had already ordered the preservation of documents responsive to the plaintiff's FOIA request. Landmark Legal Found. v. EPA, 272 F.Supp.2d 59, 67 (D.D.C.2003). That is not the case here. Rather, the plaintiff made her initial FOIA request on May 14, 2010, Compl. ¶ 6, which was nearly five months after the census in-take forms were "shredded." Def.'s Mot., Declaration of Pamela Brown Blackburn ("Brown Blackburn Decl.") ¶ 4. Accordingly, the Court finds that the destruction of the actual census in-take forms was not done in bad faith and therefore does not merit any remedial action being ordered or preclude the Court from finding that the defendant conducted a reasonable search in the absence of such action.
Thus, "[t]here is no requirement that an agency search every record system" in which responsive documents might conceivably be found. Oglesby v. U.S. Dep't of Army, 920 F.2d 57, 68 (D.C.Cir.1990). Rather, an agency must demonstrate the adequacy of its search by providing a "reasonably detailed affidavit, setting forth the search terms and type of search performed, and averring that all files likely to contain responsive materials... were searched." Id. "Once the agency has shown that its search was reasonable, the burden [shifts to the plaintiff] to rebut [the defendant's] evidence ... either by contradicting the defendant's account of the search procedure or by raising evidence of the defendant's bad faith." Moore, 916 F.Supp. at 35-36 (citing Miller, 779 F.2d at 1383-84). As noted earlier, "[a]gency affidavits are accorded a presumption of good faith, which cannot be rebutted by purely speculative claims about the existence and discoverability of other documents." SafeCard Servs., Inc., 926 F.2d at 1200 (internal quotation marks omitted).
Here, the defendant has submitted declarations and supplemental declarations from Pamela Brown Blackburn and Jessica Charles, wherein they explain the various actions that were taken to comply with the plaintiff's FOIA request and the process employed by the defendant to conduct the search for responsive records. See generally Def.'s Mot., Brown Blackburn Decl.; id., Declaration of Jessica Charles; Def's Reply, Declaration of Pamela Brown Blackburn ("Supp. Brown Blackburn Decl."); id., Supplemental Declaration of Jessica Charles. The defendant makes a persuasive argument that the plaintiff's request was very narrow and specific, and that the defendant complied with that request. The Court therefore agrees with the defendant's position that despite the "[p]laintiff['s] conten[tion] that the destruction of the intake forms was an enormous change in circumstances that somehow alter[ed] the express terms of the FOIA request at issue," thus requiring a "search beyond that ombudsman's office specified in the request," Def.'s Reply at 7 (internal quotation marks and citation omitted), "[i]t is ... well established that an agency's duty under [the] FOIA is limited by the FOIA request" and an "agency
Although the plaintiff couches her challenge to the non-production of the in-take forms as an attack on the adequacy of the search, her primary concern appears to relate to the destruction of documents, as evidenced by the plaintiff's principle argument that this "case involves the intentional destruction by an Interior Department employee of more than 20,000 documents that were responsive to [the p]laintiff's ... []FOIA[] request." Pl.'s Opp'n at 1. Despite the fact that the plaintiff is aware that the in-take forms no longer exist, and despite the fact that the defendant has stated that "[a] caseworker in [the ombudsman's] office entered the data from the in-take forms onto master spreadsheets," Def.'s Mot., Brown Blackburn Decl. ¶ 4, the plaintiff continues to bemoan the fact that the documents were destroyed, Pl.'s Opp'n at 25. But as the defendant points out, "[o]nce the information on the in-take forms was entered onto the spreadsheets, the in-take forms were shredded since the forms only served a data collection function." Def.'s Mot., Brown Blackburn Decl. ¶ 4. With this explanation, and the detailed declarations the defendant submitted explaining the process and adequacy of the search, the defendant has demonstrated that it appropriately responded to the plaintiff's FOIA request by conducting a reasonable search. See CareToLive v. FDA, 631 F.3d 336, 341 (6th Cir.2011). And while the plaintiff attempts to rebut these declarations, her allegations that the defendant should have documents responsive to the request do not rise above the level of speculation and therefore are insufficient to overcome the presumption of good faith afforded to the government's declarations. See Steinberg, 23 F.3d at 552 ("mere speculation that as yet uncovered documents may exist does not undermine finding that the agency conducted a reasonable search" (quoting SafeCard Servs., Inc., 926 F.2d at 1201)).
Based on the foregoing reasons the Court will grant the defendant's motion for summary judgment.