United States Ninth Circuit

In a request under the Freedom of Information Act (FOIA) to compel Defendant United States Small Business Administration (SBA) to produce Verizon Wireless cell phone records that the agency no longer possessed, summary judgment for defendant is affirmed where: 1) the SBA did not actually possess the records in July 2008, and SBA had no obligation either to retain the records or to seek the records once they were no longer in its possession; and 2) Verizon did not maintain the phone records pursuant to a records-management contract with SBA.

Appellate Information

• Decided 10/15/2010
• Published 10/15/2010

Judges

• Per Curiam

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert E. Belshaw, Tony West