Judge Reggie B. Walton issued a minute order on April 29 granting Interior until May 27 to file its reply memorandum in support of motion for summary judgment.
Assistant U.S. Attorney Jeremy S. Simon, representing Interior, said he did not have an opportunity to review the plaintiff’s opposition to the defendant’s motion for summary judgment as he was on scheduled leave and had other commitments that would prevent him to respond as of April 28.
Interior filed a motion for summary judgment on April 27 stating that “subject to limited redactions, DOI produced all relevant records maintained by the agency at the time of the FOIA request.”
At the center of the dispute are information gathered by Interior’s federal labor ombudsman in the CNMI from nonresidents which were eventually shredded.
Interior said it had produced all responsive documents in the possession of the ombudsman at the time of the Freedom of Information Act request filed by Teresa K. Kim, legal counsel of Lt. Gov. Eloy S. Inos.
Simon said declarations established the facts necessary to sustain the withholding of exempt information and showed the agency conducted a reasonable search and produced all non-exempt, responsive records with the exception of birthdates and the ombudsman’s personal email address withheld under FOIA Exemption 6.
“There are no disputes of material facts. Accordingly, a summary judgment is appropriate,” said Simon in a memorandum of points and authorities in support of the defendant’s motion for summary judgment.
Simon also argued, “Where no genuine dispute exists as to any material fact, summary judgment is required.”
The plaintiff argued through its counsel Deanne Siemer that Interior had not conducted a reasonable search for responsive records and withheld records covered by Kim’s FOIA request for which no exemption is claimed or available.
Siemer said it could be reasonably inferred that the willful destruction of records was intended to obstruct the CNMI’s ability to object to Interior’s policy proposals.
The plaintiff is entitled to interim remedies, she said.
Kim filed a complaint on Sept. 15, 2010, an action under Freedom of Information Act, 5 USC §552 for injunctive and other appropriate relief. She sought disclosure and release of agency records “improperly” withheld by Interior.
She requested the court to order Interior to disclose the requested records in their entireties, waive fees as the plaintiff has requested, provide for expeditious proceedings in this action, award the plaintiff costs and reasonable attorney’s fees incurred in this action and grant such other relief as the court may deem just and proper.
