Reyes
Reyes v. United States Department of the Interior, Bureau of Indian Affairs
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EMILIO REYES, Case No.: 17cv01612 JAH-RBB
Plaintiff,
ORDER DIRECTING DEFENDANTS
v. TO LODGE MATERIALS FOR IN
CAMERA REVIEW
UNITED STATES DEPARTMENT OF THE INTERIOR, et. al. 15 Defendants. 16 17 Pending before the Court is Defendants’ motion for summary judgment. Courts considering a motion for summary judgment in a Freedom of Information Act (“FOIA”) case conduct a two-step inquiry. See Berman v. CIA, 501 F.3d 1136, 1139 (9th Cir. 2007). The first step assesses whether the agency demonstrates it met its obligation under FOIA to conduct an adequate search for responsive records. See Zemansky v. U.S. EPA, 767 F.2d 569, 571 (9th Cir. 1985). If the agency meets the initial burden, the second step requires the court to consider whether the agency adequately demonstrates that any information not disclosed is protected by at least one of the enumerated exemptions. See 5 U.S.C. § 552(a)(4)(B); U.S. Dep’t of…