McKinley v. FEDERAL DEPOSIT INSURANCE CORPORATION
807 F. Supp. 2d 1
D.D.C.2011Background
- McKinley, a private citizen and advisor on financial policy, filed FOIA requests with the FDIC seeking records about its October 2008 TGLP decision and November 2008 and January 2009 extensions to Citigroup and Bank of America.
- FDIC did not respond within statutory time limits, prompting McKinley to sue on March 15, 2010.
- FDIC produced 101 pages on April 15, 2010, but with redactions under FOIA and Sunshine Act exemptions.
- The court previously denied the FDIC’s motion to dismiss, granted partial summary judgment on search adequacy, and ordered new searches or adequate declarations and production.
- FDIC later released all initial withheld information and moved for summary judgment on search adequacy, supported by declarations from Fisch and Hammond detailing search scope and methods.
- The FDIC searched the Executive Secretary Section (ESS) for responsive records and produced meeting minutes and Board Case memoranda; McKinley argues for broader searches beyond ESS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search scope was reasonable for Board determinations | McKinley argues broader records exist beyond Board minutes and memos. | FDIC limited to Board minutes and Case Memoranda as the relevant records. | Reasonable to limit to Board minutes and Case Memoranda. |
| Whether limiting searches to ESS was reasonable | McKinley contends other records systems contain responsive materials. | ESS contained the only reasonable place for minutes and related memoranda. | Reasonable to limit searches to ESS. |
Key Cases Cited
- Iturralde v. Comptroller of the Currency, 315 F.3d 311 (D.C.Cir.2003) (detailed affidavit supports reasonable search terms)
- Yeager v. Drug Enforcement Admin., 678 F.2d 315 (D.C.Cir.1982) (records must be reasonably described to satisfy FOIA requests)
- Mason v. Callaway, 554 F.2d 129 (4th Cir.1977) (overbroad requests burden agencies)
- Latham v. U.S. Dep't of Justice, 658 F. Supp. 2d 155 (D.D.C.2009) (reasonableness of search scope and description)
- Dale v. Internal Revenue Serv., 238 F. Supp. 2d 99 (D.D.C.2002) (overbroad requests are not sufficiently detailed)
- Nation Magazine, Wash. Bureau v. U.S. Customs Serv., 71 F.3d 885 (D.C.Cir.1995) (duty to construe FOIA requests liberally when adequately described)
- Oglesby v. U.S. Dep't of Army, 920 F.2d 57 (D.C.Cir.1990) (search need not be exhaustive, but reasonably calculated to uncover relevant documents)
- Weisberg v. U.S. Dep't of Justice, 705 F.2d 1344 (D.C.Cir.1983) (scope of search must be reasonably calculated to uncover relevant documents)
- LaCedra v. Exec. Office for U.S. Attys, 317 F.3d 345 (D.C.Cir.2003) (distinguishing overly broad requests)