Duggan v. US Securities & Exch ( 2008 )

Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 07-2494
GERALD BRYAN DUGGAN,
Plaintiff, Appellant,
v.
U.S. SECURITIES AND EXCHANGE COMMISSION,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Reginald C. Lindsay, U.S. District Judge]
Before
Lynch, Circuit Judge,
Selya, Senior Circuit Judge,
and Howard, Circuit Judge.
Gerald Bryan Duggan on brief pro se.
Kevin D. Solonsky, Senior Counsel, Brian G. Cartwright,
General Counsel, Melinda Hardy, Assistant General Counsel, on brief
for appellee.
May 15, 2008
Per Curiam. After carefully considering the record and
briefs on appeal, we affirm for substantially the reasons developed
in the district court.
The Securities and Exchange Commission made an adequate
showing at summary judgment that it had conducted a search that was
reasonably calculated to disclose requested documents. Gillin v.
IRS, 980 F.2d 819 (1st Cir. 1992); Maynard v. CIA, 986 F.2d 547(1st Cir. 1993). The appellant could not rely upon mere innuendo
and speculation to overcome that showing. Medina-Munoz v. R. J.
Reynolds Tobacco Co., 896 F.2d 5 (1st Cir. 1990). See also Davila
v. Corporacion De P.R. Para la Defusion Publica, 498 F.3d 9 (1st
Cir. 2007). Finally, the appellant made no showing that the
district court abused its broad discretion in ruling on his
discovery motions. Ayala-Gerena v. Bristol Myers-Squibb Co., 95
F.3d 86 (1st Cir. 1996).
Affirmed. 1st Cir. Loc. R. 27.0(c).
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