When is Discovery Appropriate in a FOIA Case?

This is the question raised and answered in this opinion from U.S. District Judge Ricardo Urbina for the U.S. District Court for the District of Columbia.  Basically, discovery is usually only appropriate (and rarely then) when it is needed after the government moves for summary judgment.

If this case sounds familiar, it is.  It is the case that went before the Supreme Court a couple of years ago on the issue of res judicata (claims preclusion).  Following remand from the Supreme Court it is at the District Court.