EDDINGTON v. U.S. DEPARTMENT OF DEFENSE
1:20-cv-00442
D.D.C.Jan 25, 2021Background:
- Eddington alleges he emailed identical FOIA requests on July 18–19, 2019, to FOIA acceptance email addresses for 14 separate DOD components and saved PDFs of each sent email.
- The saved PDFs include date, time, destination email address, and the request as an attachment; Eddington received no bounce-backs or acknowledgments.
- DOD — via declarant Mark Herrington — contacted each component; each searched email files (including spam) and FOIA intake logs and reported no record of receiving the requests.
- Each component has a standard practice of acknowledging FOIA requests, but none produced an acknowledgment to Eddington.
- DOD moved for summary judgment on non-receipt grounds; Eddington relied on his declaration and the PDF copies and alternatively sought discovery.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DOD received the FOIA requests | Eddington contends he transmitted the requests by email and saved PDF copies showing transmittal | DOD components swore they have no record of receipt despite searching logs, mailboxes, and spam; FOIA obligations trigger only on receipt | Court held DOD did not receive the requests; granted summary judgment for DOD |
| Whether Eddington's PDFs and declaration create a genuine dispute | PDFs and sworn statement suffice to show he sent the emails and thus rebut non-receipt | PDFs are evidence of transmittal only (analogous to a stamped envelope); they do not overcome a detailed, non-conclusory agency declaration of non-receipt | Court held the PDFs/declaration were insufficient to rebut the presumption of good faith afforded to the agency declarations |
| Whether discovery should be permitted to probe receipt | Eddington sought discovery to investigate receipt | DOD argued discovery is unwarranted absent a showing of agency bad faith | Court denied discovery; FOIA discovery is rare and requires a showing of bad faith, which Eddington did not provide |
Key Cases Cited
- SafeCard Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (affords presumption of good faith to agency declarations)
- Ground Saucer Watch, Inc. v. CIA, 692 F.2d 770 (D.C. Cir. 1981) (agency declarations cannot be rebutted by purely speculative claims)
- Pinson v. U.S. Dep't of Justice, 69 F. Supp. 3d 108 (D.D.C. 2014) (agency entitled to summary judgment when it did not receive FOIA request and plaintiff offers no proof of receipt)
- In re: Clinton, 973 F.3d 106 (D.C. Cir. 2020) (discovery in FOIA cases is rare and permitted only on a showing of agency bad faith)