In American Small Bus. League v. US Small Bus. Admin., No. 09-16756, 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, the court affirmed summary judgment for defendant 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.
As the court wrote: "Plaintiff American Small Business League ("ASBL") appeals the adverse summary judgment ruling denying its July 2008 request under the Freedom of Information Act, 5 U.S.C. § 552, to compel Defendant United States Small Business Administration to produce Verizon Wireless cell phone records that the agency no longer possessed. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm."