📧 to USDOJ: "confirming today's conferral"

To confirm our call this afternoon: you stated that the DOJ intends to move to dismiss on three grounds: (1) standing, because the name on the FOIA requests differs from the plaintiff's; (2) failure to exhaust administrative remedies as to the Civil Rights Division; and (3) alleged alteration of the To line in the email exhibits to the Complaint. You also stated that you will not respond to my September 23 email regarding the adequacy of NSD's search (including United States v. McNeil, No. 5:15-cr-00446 (N.D. Ohio)) and will rest on NSD's search and final response.

I oppose the motion on each ground. As to exhaustion specifically, CRD's April 14 letter stated that it was "not denying any records at this time" and would "continue processing" upon receipt of my response. I responded the same day. No determination issued, so there was nothing to appeal.