Bory v. U.S. Railroad Retirement Board

933 F. Supp. 2d 1353, 2013 WL 1174154, 2013 U.S. Dist. LEXIS 38793
CourtDistrict Court, M.D. Florida
DecidedMarch 20, 2013
DocketCase No. 3:09-cv-1149-J-12MCR
StatusPublished
Cited by1 cases

This text of 933 F. Supp. 2d 1353 (Bory v. U.S. Railroad Retirement Board) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bory v. U.S. Railroad Retirement Board, 933 F. Supp. 2d 1353, 2013 WL 1174154, 2013 U.S. Dist. LEXIS 38793 (M.D. Fla. 2013).

Opinion

ORDER

HARVEY E. SCHLESINGER, District Judge.

This cause is before the Court on cross-motions for summary judgment and supporting documents. See Docs. 68, 69, 71, 72,75, 76, 77, 79 and 89.1 On December 5, 2012, the Court conducted a hearing on the motions.2 The parties have agreed that this Freedom of Information Act (“FOIA”) case may be finally and completely resolved on their cross-motions for summary judgment, in lieu of a non-jury trial. The Court has considered the record in this case, argument of counsel, and applicable law. For the reasons set forth below, the Court will grant summary judgment in favor of Plaintiffs.

Factual Background

Plaintiffs’ Amended Complaint for Relief (Amended Complaint, Doc. 17) seeks relief for Defendant’s alleged violation of the FOIA. It is undisputed that on October 23, 2008, Defendant advised Plaintiffs that each of their monthly pension benefits would be reduced. See Docs. 30-3 at 35-37 and 67-69, and 30-^1 at 42-44. After they appealed the recalculations, Defendant advised them on January 8, 2009, that they previously had been overpaid, based upon their last pre-retirement employer, without specific explanation of how the calculations were made. See Doc. 18,, Exh. 1 at 43-49.

On January 20, and February 2, 2009, respectively, Plaintiffs Joseph and Maureen Bory each submitted two FOIA requests seeking “any documentation on paper, e-mail or microfiche that were used to calculate” their original and adjusted Railroad Retirement Board benefit amounts, and the rules and regulations pertaining to them. Docs. 30-1 at 5-6 and 30-2 at 7-8. Plaintiffs submitted the FOIA requests “seeking an explanation for [Defendant’s] [1357]*1357decision to reduce their monthly benefits. Amended Complaint, Doc. 17 at ¶ 15.

On February 2 and IS, 2009, within the applicable 20-day response period, Defendant provided what it described as “a complete copy of the records maintained by the Railroad Retirement Board regarding you.” Docs. 25-4 and 25-5. On April 2, 2010, Defendant provided Plaintiffs with forms containing information regarding the payment of annuities and directed them to Defendant’s website where “Agency Procedural Manuals” could be viewed. Doc. 25-8. After receiving documents from Defendant, Plaintiffs’ attorney wrote several letters to Defendant claiming that the information provided was inadequate to determine the basis for the reduction in Plaintiffs’ benefits. See Doe. 68-1 at 1-6.

While Plaintiffs pursued information regarding their benefit calculations via . their FOIA request, they also pursued administrative appeals of Defendant’s decision reducing their benefits. They also submitted a second FOIA request in 2011, which is not the subject of this suit.

Plaintiffs allege that the documents Defendant provided were unresponsive and incomplete in that they did not provide information sufficient to determine how their original and reduced benefit amounts had been determined, or what if any investigation had been conducted before doing so.3 See Amended Complaint, Doc. 17 at p. 4-5. They contend that additional documents responsive to their initial FOIA requests provided subsequent to Defendant’s initial document release establish that Defendant did not comply with its obligations under the FOIA. Plaintiffs also assert that they have constructively exhausted their administrative remedies under the FOIA because Defendant failed to notify Plain-' tiffs of their right to appeal.

Defendant maintains that it is entitled to summary judgment because the record establishes that its . initial release of documents resulted from a search reasonably calculated to uncover all relevant records in compliance with the FOIA. Defendant argues that subsequent disclosures of additional documents demonstrate its good faith in attempting to comply with the FOIA. It also maintains that its release of additional documents,. does not establish that it improperly withheld records because these later-released documents would not have been released in response Plaintiffs’ initial FOIA request as exempt internal memoranda or agency'communications, were non-existent at the time of Plaintiffs’ request, or were non-responsive in providing an explanation regarding the reduction in Plaintiffs’ benefits. Defendant has submitted the affidavits of Steven A. Bartholow (Doc. 25-1) (“Bartholow Affidavit”) and Eric T. Wooden (Doc. 77-1) (“Wooden Affidavit”) to establish that its search for records was reasonably calculated to discover all responsive documents, that it provided a compete copy of its records concerning Plaintiffs in response to their FOIA requests, and that because it did so, it was not required to. advise Plaintiffs of a right to appeal. See Bartholow Affidavit, Doc. 25-1 and Wooden Affidavit, Doc. 77-1. Defendant also asserts that Plaintiffs did not file a formal appeal of Defendant’s response to their initial FOIA request, so they have failed to exhaust their administrative remedies as required under the FOIA.

[1358]*1358The Court will review the summary' judgment standard to be applied in this FOIA case, then will analyze the facts under the relevant law and explain why summary judgment in favor of Plaintiffs is warranted. Finally, the Court will address the exhaustion requirement.

Summary Judgment Standard Under The FOIA

“The Freedom of Information Act (FOIA) vests jurisdiction in federal district courts to enjoin an ‘agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.’ ” Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 139, 100 S.Ct. 960, 63 L.Ed.2d 267 (1980) (citing 5 U.S.C.-§ 552(a)(4)(B)).

The FOIA represents a carefully balanced scheme of public rights and agency obligations designed to foster greater access to agency records than existed prior to its enactment. That statutory scheme authorizes federal courts to ensure private access to requested materials when three requirements have, been met.. Under 5 U.S.C. § 552(a)(4)(B) federal jurisdiction is dependent upon a showing that an agency has (1) “improperly”; (2) “withheld”; (3) “agency records.” Judicial authority to devise remedies and enjoin agéncies can only be invoked, under the jurisdictional grant conferred by § 552, if the agency has contravened all three components of this obligation.

id. at 150, 100 S.Ct. 960. “Most courts which have considered the question'have concluded that the FOIA is only directed at requiring agencies to disclose those ‘agency records’ for which they have chosen to retain possession or control.” id. at 152, 100 S.Ct. 960 (citations omitted). That means that “[t]he Act does not obligate agencies to create or retain documents; it only obligates them to provide access to those which it in fact has created and retained.” id. The FOIA requires the requester to adequately identify the records which . are sought. 5 U.S.C. § 552(a)(3)(A); Kissinger, 445 U.S. at 157, 100 S.Ct. 960.

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933 F. Supp. 2d 1353, 2013 WL 1174154, 2013 U.S. Dist. LEXIS 38793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bory-v-us-railroad-retirement-board-flmd-2013.