Gahagan v. United States Department of Justice et al

Filing 47

ORDER AND REASONS granting in part and denying in part 41 Motion for Summary Judgment. Signed by Chief Judge Kurt D. Engelhardt on 3/11/2016. (kac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MICHAEL GAHAGAN

CIVIL ACTION

VERSUS

NO: 13-5526

UNITED STATES DEPARTMENT OF JUSTICE, ET AL.

SECTION: “N” (3)

ORDER AND REASONS
Presently before the Court is a fourth motion for summary judgment (Rec. Doc. 41) filed by
Plaintiff Michael Gahagan. As with his prior motions, Plaintiff seeks relief regarding certain
requests for information he submitted, pursuant to the Freedom of Information Act (“FOIA”), 5
U.S.C. § 552, et seq., to Defendants United States Department of Justice (“DOJ”), United States
Department of Homeland Security (“DHS”), United States Immigration and Customs Enforcement
(“ICE”), and the Department of Justice’s Executive Office for Immigration Review (“EOIR”).
Having considered the parties’ latest submissions,1 the extensive record in this matter, and applicable
law, IT IS ORDERED, on the showing made, that the motion is GRANTED IN PART and
DENIED IN PART as stated herein. Specifically, Plaintiff's motion is granted to the extent that,
on or before Thursday, March 31, 2016, the United States Department of Justice, Executive Office
for Immigration Review (EOIR) must supplement its prior submissions with a declaration from
EOIR Disciplinary Counsel Jennifer J. Barnes. The declaration must describe the searches for
documents responsive to Plaintiff's requests that were conducted and/or supervised by Ms. Barnes.

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See Rec. Docs. 39, 40, 41, 42, and 46.
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In the interest of finally bringing this matter to a complete resolution, Government counsel and Ms.
Barnes are urged to ensure that the declaration provided by Ms. Barnes comprehensively addresses
the matters raised in Plaintiff's memoranda regarding the sufficiency of the record searches
conducted by Ms. Barnes and her staff. Except as specifically stated herein, Plaintiff's motion is
denied.
New Orleans, Louisiana, this 11th day of March 2016.

KURT D. ENGELHARDT
United States District Judge

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