Frost v. United States Department of Justice

Filing 119

ORDER ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT WITH RESPECT TO ADEQUACY OF FBI SEARCH. Signed by Judge Joseph C. Spero on March 13, 2019. (jcslc1S, COURT STAFF) (Filed on 3/13/2019) (Additional attachment(s) added on 3/13/2019: # 1 Certificate/Proof of Service) (klhS, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

VINTON P. FROST,

Case No. 17-cv-01240-JCS

Plaintiff,
8
v.
9
UNITED STATES DEPARTMENT OF
JUSTICE,

11

United States District Court
Northern District of California

10

Defendant.

ORDER GRANTING SUMMARY
JUDGMENT IN FAVOR OF
DEFENDANT WITH RESPECT TO
ADEQUACY OF FBI SEARCH
Re: Dkt. No. 65

12
13
14
15

Defendant in this FOIA action brought a motion for summary judgment, which the Court

16

granted in part in its April 4, 2018 Order, Docket No. 95. The Court held in abeyance the question

17

of whether the FBI conducted an adequate search for responsive records, ordering Defendant to

18

provide an additional declaration addressing the adequacy of its efforts. Before the supplemental

19

declaration had been filed, however, Plaintiff filed a notice of appeal, thereby divesting this Court

20

of jurisdiction until the appeal had been decided or dismissed. Nonetheless, Defendant provided

21

the supplemental declaration by the deadline set by the undersigned and Plaintiff filed a response.

22

See Docket Nos. 107, 110. The Court of Appeals dismissed Plaintiff’s appeal on the basis that the

23

order challenged in the appeal was not final or appealable, and the mandate has now issued. See

24

Docket Nos. 116, 117. Therefore, the Court may decide the final issue that it left unresolved in its

25

summary judgment order.

26

The Court has reviewed the supplemental declaration of Mr. Hardy (Docket No. 107) and

27

finds that it is sufficient to show that the FBI conducted an adequate search with respect to

28

Plaintiff’s FOIA request. Accordingly, the Court GRANTS summary judgment in favor of

1

Defendant on that question. The Clerk is instructed to enter judgment in favor of Defendant and

2

close the case.

3
4

IT IS SO ORDERED.
Dated: March 13, 2019

5
6
7

______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2