Strunk Response 1

That the Jacobsen Affidavit affirms his own FOIA request for
passports records that the DOS provided within the same time frame prior
to 1967 (1953 through 1985) and that type of records requested conflicts
with the Defendants’ allegations and partial provision of records to Plaintiff.
That there is a matter of denial of substantive due process and equal
treatment under the law injuring Plaintiff when the July 29, 2010 letter of
Jonathan M. Rolbin fails to provide sufficient evidence of record disposition.
That with regard to Defendants’ supporting declarations of Alex
Galovich Acting Director of the Office of Information and Programs and
Services of the DOS and Dorothy Pullo Director of the Freedom of
Information Division, Office of international Trade, U.S. Customs and CBP
based upon the above contentions Defendants have failed to proved
sufficient facts to which Plaintiff may respond without a more definite
statement provided and accordingly reserves the right to amend and extend
Plaintiff’s response at the appropriate time or before trial is had.
That as a matter of denial of equal treatment, substantive due
process and spoliation Defendants injures Plaintiff in the handling of the
October 2008 and November 22, 2008 FOIA requests through the present
There is an equal protection issue with substantive due process and
spoliation injury to Plaintiff and others similarly situated described by the AP
Plaintiff’s MOL Page 3 of 4