Facts

Dennis Buckovetz brought an action against the Department of the Navy.

On December 18, 2014, Buckovetz was copied on an email chain between Major General James W. Bierman and others regarding the sale of commemorative coins that caused Buckovetz concern because he understood that the sales diverted revenue from the Marine Corps Community Services.

Buckovetz requested the Department of the Navy to produce emails, pursuant to the Freedom Information Act (FOIA), concerning the alleged scheme by officers at the Marine Corps Recruit Depot (MCRD) to sell commemorative coins and other Marine Corps memorabilia.

MCRD sent Buckovetz a letter responding to the FOIA request and providing 384 responsive emails. The production did not contain the email chain on which Buckovetz had been copied on December 18.

Marine Corps Headquarters responded to the portion of Buckovetz's FOIA request that had been referred from MCRD. In its production, Marine Corps Headquarters produced five additional responsive emails, including the chain of four emails on which Buckovetz had been copied on December 18.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant violated FOIA by deliberately concealing or destroying responsive emails upon receipt of the FOIA request and before production. Plaintiff argued that careful scrutiny demonstrated that deletion of the emails was the only plausible reason why MCRD failed to produce the five missing emails. Plaintiff contended additional discovery was necessary to determine whether the deletion of the emails was intentional. Plaintiff contended that MCRD's production of other emails did not demonstrate a lack of intent because the December 18 emails were uniquely inculpatory.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions and argued that it conducted a search reasonably calculated to uncover all documents responsive to plaintiff's FOIA request.

Result

Summary judgment was granted in favor of the defendant.