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McKanney v. Dep’t of Navy, No. 13 Civ. 1535, 2013 WL 2913380 (S.D.N.Y. November 4, 2013) (Forrest, J.)
November 4th, 2013 Posted by

Re: Request for requester’s “‘closed or sealed military field service jacket’”

Disposition: Granting defendant’s motion to dismiss or, alternatively, for defendant’s motion for summary judgment

  • Litigation Considerations, Adequacy of Search:  The court holds that “[defendant's] exhaustive searches in response to plaintiff’s FOIA request, coupled with its post-complaint review of its prior search process and additional searches of other sources, more than satisfies the ‘reasonably calculated searches’ standard to prevail on a motion for summary judgment required in this and other circuits.”  The court specifically points to the fact that defendant “‘determined . . . the most likely place to locate the [records],” and “conducted searches of its records,” but “did not locate the records plaintiff alleges exist.”  The court also noted that defendant “confirmed that it had produced all of [plaintiff's] personnel records in response to an earlier FOIA request.”
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