837 F. Supp. 2d 331
S.D.N.Y.2011Background
- Plaintiffs seek CBP/ICE/DHS FOIA records about inter-city bus/train operations, focusing on the Buffalo Sector.
- Defendants oppose discovery but do not oppose summary judgment and request abeyance while processing more documents.
- Procedural history: FOIA requests (Feb 2009, Apr 2010); First Amended Complaint (May 2010); ongoing disputes over search adequacy (2010–2011).
- The court previously found Castillo and Barbagallo declarations sufficient but ordered further targeted searches.
- A sixth declaration from CBP’s eDiscovery team describes search structure but omits full details of file types, timeframes, and search terms; concerns about search scope persist.
- Plaintiffs allege the agency’s searches were incomplete and untimely (nearly 21 months for Apr 2010 request); the court requires a precise description of the search methods and scope.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the agency’s search for responsive records adequate under FOIA? | Families argues searches are incomplete and misdescribed. | CBP-Defendants contend searches are adequate and discovery unnecessary. | No; the search is inadequate and discovery may be allowed. |
| Should discovery be allowed given the alleged search deficiencies? | Plaintiffs seek targeted discovery to identify proper file systems and methods. | Defendants claim discovery is unnecessary if searches suffice. | Yes; discovery justified to address serious doubts about completeness. |
| Is there any need to abey the decision to permit CBP to complete its searches? | Discovery can proceed to facilitate a reasonable search. | CBP requests abeyance while processing documents. | Court grants limited discovery and denies abeyance, granting summary judgment. |
Key Cases Cited
- Families for Freedom v. United States Customs & Border Protection, 797 F. Supp. 2d 375 (S.D.N.Y. 2011) (FOIA search adequacy and discovery in FOIA cases; prior decision cited)
- Carney v. United States Dep't of Justice, 19 F.3d 812 (2d Cir. 1994) (agency bears burden to show search was adequate; discovery may be limited)
- Bloomberg L.P. v. Board of Governors of the Fed. Reserve Sys., 649 F. Supp. 2d 262 (S.D.N.Y. 2009) (FOIA discovery and balancing of burdens)
- Amnesty Int'l USA v. Central Intelligence Agency, 728 F. Supp. 2d 479 (S.D.N.Y. 2010) (screening of exemptions and discovery considerations)
- Roe v. City of Waterbury, 542 F.3d 31 (2d Cir. 2008) (summary judgment standard and burden on movant)