Alan R. Marks v. United States of Am. (Dep't of Just.), 578 F.2d 261 (9th Cir. 1978). · Go Syfert
Alan R. Marks v. United States of Am. (Dep't of Just.), 578 F.2d 261 (9th Cir. 1978). Cases Citing This Book View Copy Cite
“conclusory allegations 2 unsupported by factual data will not create a triable issue of fact.”
168 citation events (95 in the last 25 years) across 34 distinct courts.
Strongest positive: Hale v. Shinn (azd, 2023-04-03)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hale v. Shinn
D. Ariz. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations 2 unsupported by factual data will not create a triable issue of fact.
discussed Cited as authority (verbatim quote) Slack v. United Airlines, Inc.
D. Nev. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations 4 unsupported by factual data will not create a triable issue of fact.
discussed Cited as authority (rule) Musgrave v. Department of Justice
D.D.C. · 2025 · confidence medium
Citing various cases, Plaintiff argues that his request is reasonable because it is “significantly smaller” than “offices across the country,” “every field office,” and “every branch office, staff office [etc.].” Id. (first quoting Dale v. IRS, 238 F. Supp. 2d 99, 105 (D.D.C. 2002); then quoting Marks v. U.S. Dep’t of Just., 578 F.2d 261, 263 (9th Cir. 1978); finally quoting AFGE, 907 F.2d at 208 ).
discussed Cited as authority (rule) Peoples v. T-MOBILE USA, INC.
D. Nev. · 2025 · confidence medium
P. 56(c)). 26 Id. at 323 . 22 27 Id. at 322 . 23 28 Kaiser Cement Corp. v. Fischbach & Moore, Inc., 793 F.2d 1100, 1103 (9th Cir. 1986). 29 Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978). 1 A. T-Mobile is entitled to judgment as a matter of law on Peoples’s first cause of action. 2 Peoples pleads two causes of action in his complaint: “discrimination based on race in 3 violation of federal and state law” and “violation of civil rights under 42 U.S.C. § 1981 .”30 But 4 both parties argue as though Peoples is claiming disparate treatment, constructive discharge, and 5 hosti…
discussed Cited as authority (rule) Wright v. Southern Arizona Children's Advocacy Center
D. Ariz. · 2024 · confidence medium
“Conclusory allegations unsupported by factual data will not create a triable issue 16 of fact.” Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978). 17 Plaintiffs cite several cases where courts found that a policy could be inferred from 18 the evidence, but the cases are inapposite.
discussed Cited as authority (rule) Brodsky v. Federal Bureau of Investigations
N.D. Ill. · 2024 · confidence medium
“A reasonable description of records is one that would allow an agency employee to locate the records ‘with a reasonable amount of effort.’ ” Moore v. FBI, 283 F. App'x 397, 398 (7th Cir. 2008) (quoting Marks v. USDOJ, 578 F.2d 261, 263 (9th Cir. 1978)).
cited Cited as authority (rule) Bahrampour v. National Security Agency
D. Maryland · 2024 · confidence medium
Bur. of Investig., 283 F.App’x 397, 398 (7th Cir. 2008) (quoting Marks v. U.S. Dep’t of Just., 578 F.2d 261, 263 (9th Cir. 1978)).
cited Cited as authority (rule) Sherven, Matthew v. Central Intelligence Agency
W.D. Wis. · 2023 · confidence medium
Appx. 397, 399 (7th Cir. 2008) (quoting Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978)).
discussed Cited as authority (rule) Stevens v. United States Health and Human Services
N.D. Ill. · 2023 · confidence medium
"A reasonable description of records is one that would allow an agency employee to locate the records 'with a reasonable amount of effort.'" Moore v. FBI, 283 F. App'x 397, 398 (7th Cir. 2008) (quoting Marks v. U.S. Dep't of Just., 578 F.2d 261, 263 (9th Cir. 1978)); accord Truitt v. Dep't of State, 897 F.2d 540 , 545 n.36 (D.C.
discussed Cited as authority (rule) Caetano v. Internal Revenue Service
E.D. Cal. · 2023 · confidence medium
“Broad, 7 sweeping requests lacking specificity are not permissible,” nor are requests that would require the 8 agency to “engage in quite a bit of guesswork to execute.” Yagman, 868 F.3d at 1078 , 1081 9 (holding request for “[r]ecords/information” on “the names and company/organization affiliations 10 of any CIA employees, agents, operatives, contractors, mercenaries, and/or companies who are 11 alleged to have engaged in torture of persons” specifically, the names and affiliations of those “as 12 to whom President Obama stated that ‘we tortured some folks’ on August 1,…
discussed Cited as authority (rule) Boundy v. United States Patent and Trademark Office(USPTO)
E.D. Va. · 2023 · confidence medium
Although Plaintiff “seems to believe that there are other documents that he is entitled to, this belief, standing alone, is inadequate to withstand a motion for summary judgment.” Heily v. U.S. Dep’t of Com., 69 F. App’x 171, 174 (4th Cir. 2003) (citing Marks v. United States, 578 F.2d 261, 264 (9th Cir.1978); Fed.
discussed Cited as authority (rule) Caetano v. Internal Revenue Service
E.D. Cal. · 2023 · confidence medium
“Broad, 21 sweeping requests lacking specificity are not permissible,” nor are requests that would require the 22 agency to “engage in quite a bit of guesswork to execute.” Yagman, 868 F.3d at 1078 , 1081 23 (holding request for “[r]ecords/information” on “the names and company/organization affiliations 24 of any CIA employees, agents, operatives, contractors, mercenaries, and/or companies who are 25 alleged to have engaged in torture of persons” specifically, the names and affiliations of those “as 26 to whom President Obama stated that ‘we tortured some folks’ on August…
discussed Cited as authority (rule) Caetano v. Internal Revenue Service
E.D. Cal. · 2022 · confidence medium
“Broad, 27 sweeping requests lacking specificity are not permissible,” nor are requests that would require the 28 agency to “engage in quite a bit of guesswork to execute.” Yagman, 868 F.3d at 1078 , 1081 1 (holding request for “[r]ecords/information” on “the names and company/organization affiliations 2 of any CIA employees, agents, operatives, contractors, mercenaries, and/or companies who are 3 alleged to have engaged in torture of persons” specifically, the names and affiliations of those “as 4 to whom President Obama stated that ‘we tortured some folks’ on August 1, …
discussed Cited as authority (rule) Yassein v. El Paso Intelligence Center
S.D. Cal. · 2022 · confidence medium
In addition, FOIA requires that 16 federal agencies make records available “only upon a request which ‘reasonably 17 describes’ the records sought.” Yagman v. Pompeo, 868 F.3d 1075, 1081 (9th Cir. 2017) 18 (citing Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978)). 19 A plaintiff must exhaust administrative remedies before seeking judicial review. 20 Benhoff v. United States Dep’t of Justice, 2016 WL 6962859 , at *2 (S.D.Cal.
discussed Cited as authority (rule) Dean v. Allstate Insurance Company
W.D. Wash. · 2021 · confidence medium
Celotex Corp. v. Catrett, 477 U.S. 317 , 106 S.Ct. 2548, 2553 (1986); Marks v. United 3 States, 578 F.2d 261, 263 (9th Cir. 1978) (genuine issues are not raised by mere conclusory 4 allegations). 5 Once the moving party meets its initial responsibility, the burden shifts to the non- 6 moving party to establish that a genuine issue as to any material fact exists.
discussed Cited as authority (rule) Dean v. GEICO Insurance Agency Inc
W.D. Wash. · 2021 · confidence medium
Celotex Corp. v. Catrett, 477 U.S. 317 , 106 S.Ct. 2548, 2553 (1986); Marks v. United 19 States, 578 F.2d 261, 263 (9th Cir. 1978) (genuine issues are not raised by mere conclusory 20 allegations). 21 Once the moving party meets its initial responsibility, the burden shifts to the non- 22 moving party to establish that a genuine issue as to any material fact exists.
discussed Cited as authority (rule) Huggans v. Executive Office for United States Attorneys
D.D.C. · 2021 · confidence medium
There is a disconnect here between what Plaintiff actually seeks and what he claims is public record, and without more information, “this borders on the ‘all-encompassing fishing expedition’ on which a FOIA requester cannot embark.” Sack v. CIA, 53 F. Supp. 3d 154, 164 (citing Dale v. IRS, 238 F. Supp. 2d 99 , 104–05 (D.D.C. 2002) and Marks v. U.S. Dep't of Justice, 578 F.2d 261, 262, 263 (9th Cir.1978) (request for all records “under” a particular individual's name was a “broad, sweeping request[ ]” that did not reasonably describe the records it sought) (other citations omi…
discussed Cited as authority (rule) McFarland v. Carter
Bankr. E.D. Cal. · 2021 · confidence medium
Civ. 8 P. 56 (c)(1). 9 “A motion for summary judgment cannot be defeated by mere 10 conclusory allegations unsupported by factual data.” Angel v. 11 Seattle-First Nat’l Bank, 653 F.2d 1293, 1299 (9th Cir. 1981) (citing 12 Marks v. U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir. 1978)). 13 “Furthermore, a party cannot manufacture a genuine issue of material 14 fact merely by making assertions in its legal memoranda.” S.A. 15 Empresa de Viacao Aerea Rio Grandense v. Walter Kidde & Co., 690 F.2d 16 1235, 1238 (9th Cir. 1982). 17 B.
discussed Cited as authority (rule) Salven v. Nijjar
Bankr. E.D. Cal. · 2020 · confidence medium
Civ. 23 P. 56 (c)(1). 24 “A motion for summary judgment cannot be defeated by mere 25 conclusory allegations unsupported by factual data.” Angel v. 26 Seattle-First Nat’l Bank, 653 F.2d 1293, 1299 (9th Cir. 1981) (citing 27 Marks v. U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir. 1978)). 1 fact merely by making assertions in its legal memoranda.” S.A. 2 Empresa de Viacao Aerea Rio Grandense v. Walter Kidde & Co., 690 F.2d 3 1235, 1238 (9th Cir. 1982). 4 B.
discussed Cited as authority (rule) White v. Executive Office of US Attorneys
S.D. Ill. · 2020 · confidence medium
“A reasonable description of records is one that would allow an agency employee to locate the records ‘with a reasonable amount of effort.’” Moore v. F.B.I., 283 F. App’x 397, 398 (7th Cir. 2008) (quoting Marks v. United States DOJ, 578 F.2d 261, 263 (9th Cir. 1978)).
discussed Cited as authority (rule) Karam v. United States Department of Health and Human Services
D. Ariz. · 2020 · confidence medium
Once the agency establishes through sworn affidavits or declarations that the 25 search is adequate, the plaintiff is “obligated to controvert that showing.” Marks v. Dep’t 26 of Justice, 578 F.2d 261, 263 (9th Cir. 1978).
discussed Cited as authority (rule) Southern Inyo Healthcare District v. Optum Bank, Inc.
Bankr. E.D. Cal. · 2020 · confidence medium
Civ. 26 P. 56 (c)(1). 27 “A motion for summary judgment cannot be defeated by mere Angel v. 1 Seattle-First Nat’l Bank, 653 F.2d 1293, 1299 (9th Cir. 1981) (citing 2 Marks v. U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir. 1978)). 3 “Furthermore, a party cannot manufacture a genuine issue of material 4 fact merely by making assertions in its legal memoranda.” S.A. 5 Empresa de Viacao Aerea Rio Grandense v. Walter Kidde & Co., 690 F.2d 6 1235, 1238 (9th Cir. 1982). 7 Summary judgment may only be granted if there is no genuine 8 dispute as to a material fact and the party is entitle…
cited Cited as authority (rule) In re: Ingrim Family, LLC
9th Cir. BAP · 2019 · confidence medium
Nilsson v. City of Mesa, 503 F.3d 947 , 952 n.2 (9th Cir. 2007); Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978).
discussed Cited as authority (rule) New Orleans Workers' Center for Racial Justice v. United States Immigration and Customs Enforcement
D.D.C. · 2019 · confidence medium
Cir. 1990) (citing Marks v. U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir. 1978)), “[i]t is well- settled that if an agency has reason to know that certain places may contain responsive documents, it is obligated under FOIA to search [those places] barring an undue burden,” Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321, 327 (D.C.
cited Cited as authority (rule) Juan Zabala v. Okanogan County
Wash. Ct. App. · 2018 · confidence medium
Marks v. United States, Department of Justice, 578 F.2d 261, 263 (9th Cir. 1978); Freedom Watch, Inc. v. Central Intelligence Agency, 895 F. Supp. 2d 221, 228 (D.D.C. 2012).
discussed Cited as authority (rule) Sai v. Transportation Security Administration
D.D.C. · 2018 · confidence medium
A description is sufficient if it would enable “a professional employee of the agency who [is] familiar with the subject area of the request to locate the record with a reasonable amount of effort.” Dale v. IRS, 238 F. Supp. 2d 99, 104 (D.D.C. 2002) (quoting Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978)).
discussed Cited as authority (rule) Public Employees for Environmental Responsibility v. United States Environmental Protection Agency
D.D.C. · 2018 · confidence medium
The FOIA was enacted “to close those loopholes,” and “to avoid creating new ones.” Id.; see also Milner v. Dep’t of the Navy, 562 U.S. 562 , 565 (2011) (observing that FOIA was enacted “to permit access to official information long shielded unnecessarily from public view” due to “the public-disclosure section of the Administrative Procedure Act” being “plagued with vague phrases and gradually bec[oming] more a withholding statute than a disclosure statute”); Yagman v. Pompeo, 868 F.3d 1075, 1081 (9th Cir. 2017) (noting that “courts have been wary to prohibit this requir…
discussed Cited as authority (rule) Sai v. Transportation Security Administration
D.D.C. · 2018 · confidence medium
A description is sufficient if it would enable “a professional employee of the agency who [is] familiar with the subject area of the request to locate the record with a reasonable amount of effort.” Dale v. IRS, 238 F. Supp. 2d 99, 104 (D.D.C. 2002) (quoting Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978)).
discussed Cited as authority (rule) Wallick v. Agricultural Marketing Service
D.D.C. · 2017 · confidence medium
Cir. 1986) (search is not presumed “unreasonable simply because it fails to produce all relevant material”); Marks v. U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir. 1978) (no requirement that an agency search every division or field office on its own initiative in response to a FOIA request when the agency believes responsive documents are likely to be located in one place).
discussed Cited as authority (rule) Stephen Yagman v. Michael Pompeo
9th Cir. · 2017 · confidence medium
As we observed in Marks, “FOIA requires that federal agencies make records available only upon a request which ‘reasonably describes’ the records sought.” Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978) (quoting 5 U.S.C. § 552 (a)(3)).
discussed Cited as authority (rule) Pinson v. United States Department of Justice
D.D.C. · 2017 · confidence medium
FOIA requests must describe the desired records in a way sufficient to “enable[] a professional employee of the agency who was familiar with the subject area of the request to locate the record with a reasonable amount of effort.” Dale v. IRS, 238 F.Supp.2d 99, 104 (D.D.C. 2002) (quoting Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978)).
discussed Cited as authority (rule) Pinson v. U.S. Department of Justice
D.D.C. · 2017 · confidence medium
The Court thus finds that the BOP has met its burden and need not perform áfiditional searches because Pinson did hot describe the desired records in a way sufficient to “enable[ ] a professional employee of the agency who was familiar with the subject area of the request to locate, the record with a reasonable amount,of effort.” Dale v. IRS, 238 F.Supp.2d 99, 104 (D.D.C. 2002) (quoting Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978)). 26 .
discussed Cited as authority (rule) Ford, Jr. v. Massarone
D.D.C. · 2016 · confidence medium
P. 56(e). “[C]onelusory allegations unsupported by factual data will not create a triable issue of fact.” Exxon Corp. v. FTC, 663 F.2d 120, 127 (D.C.Cir.1980) (citing Marks v. *105 U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978)).
discussed Cited as authority (rule) Shapiro v. Central Intelligence Agency
D.D.C. · 2016 · confidence medium
The CIA insists that Shapiro’s request does not reasonably describe the relevant records because it would not “enable[ ] a professional employee of the agency who was familiar with the subject area of the request to locate the record with a reasonable amount of effort.” Dale v. IRS, 238 F.Supp.2d 99, 104 (D.D.C.2002) (quoting Marks v. United States, 578 F.2d 261, 263 (9th Cir.1978)).
discussed Cited as authority (rule) Public.Resource.org v. United States Internal Revenue Service
N.D. Cal. · 2015 · confidence medium
But see Trentadue v. FBI, 572 F.3d 794, 797 (10th Cir.2009) (FOIA cannot "be read to demand that an agency provide every nonexempt requested document regardless of the cost of locating it”); Nation Magazine v. United States Customs Serv., 71 F.3d 885, 892 (D.C.Cir.1995) (requiring agency to search through 23 years of unindexed files would impose an unreasonable burden on the agency); Marks v. United States, 578 F.2d 261, 263 (9th Cir.1978) ("all-encompassing search” of the records of every field office of the FBI not required; must search only where requestor reasonably describes records t…
cited Cited as authority (rule) Amini Innovation Corp. v. McFerran Home Furnishings, Inc.
C.D. Cal. · 2014 · confidence medium
Hansen v. United States, 7 F.3d 137, 138 (9th Cir.1993) (citing Marks v. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978)).
discussed Cited as authority (rule) National Security Counselors v. Central Intelligence Agency
D.D.C. · 2013 · confidence medium
Fed’n of Gov’t Emps., 907 F.2d at 209 . 30 The plaintiffs February 26, 2011 FOIA request to the CIA was overly broad because it would require the CIA to “search every office for any documents containing the word Watson’ ” because “any component is equally likely to have responsive records.” First Lutz Deck ¶ 31; see, e.g., Oglesby, 920 F.2d at 68 (“There is no requirement that an agency search every record system.”); Marks v. U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978) (holding that “the FOIA does not mandate that [an agency] comply” with a request that wou…
discussed Cited as authority (rule) DG Cogen Partners, LLC v. Lane Powell PC
D. Or. · 2013 · confidence medium
In the Ninth Circuit, “[c]onclusory allegations unsupported by factual data will not create a triable issue of fact.” Marks v. United States, 578 F.2d 261, 263 (9th Cir.1978); see also United States v. Wilson, 881 F.2d 596, 601 (9th Cir.1989) (self-serving and conclusory declarations of fact are insufficient to raise a genuine issue of fact); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (“summary judgment motion cannot be defeated by relying solely on conclusory allegations unsupported by factual data”); Calif. ex rel.
discussed Cited as authority (rule) Donald Burchett v. Robert Bromps (2×)
9th Cir. · 2012 · confidence medium
Marks v. United States, 578 F.2d 261, 263 (9th Cir. 1978).
cited Cited as authority (rule) August Parker v. Alberto Zavala
9th Cir. · 2011 · confidence medium
Marks v. United States, 578 F.2d 261, 263 (9th Cir.1978).
cited Cited as authority (rule) Hokto Kinoko Co. v. Concord Farms, Inc.
C.D. Cal. · 2011 · confidence medium
Hansen v. United States, 7 F.3d 137, 138 (9th Cir.1993) (citing Marks v. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978)).
cited Cited as authority (rule) National Union Fire Insurance v. Ready Pac Foods, Inc.
C.D. Cal. · 2011 · confidence medium
Hansen v. United States, 7 F.3d 137, 138 (9th Cir.1993) (citing Marks v. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978)).
cited Cited as authority (rule) Ayala v. Infinity Insurance
C.D. Cal. · 2010 · confidence medium
Hansen v. United States, 1 F.3d 137, 138 (9th Cir.l993)(eiting Marks v. Department of Justice, 578 F.2d 261, 263 (9th Cir.1978)).
discussed Cited as authority (rule) Schoenman v. Federal Bureau of Investigation (2×) also: Cited "see"
D.D.C. · 2009 · confidence medium
“There is no requirement that an agency search every record system.” Oglesby II, 920 F.2d at 68 (citing Marks v. DOJ, 578 F.2d 261, 263 (9th Cir. 1978) (no requirement that an agency search every division or field office on its own initiative in response to a FOIA request when the agency believes responsive documents are likely to be located in one place)).
examined Cited as authority (rule) Moore, Percy E. v. Hardy, David M. (3×) also: Cited "see"
7th Cir. · 2008 · confidence medium
A reasonable description of records is one that would allow an agency employee to locate the records “with a reasonable amount of effort.” Marks v. U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir. 1978).
examined Cited as authority (rule) Moore v. Federal Bureau of Investigation (3×) also: Cited "see"
7th Cir. · 2008 · confidence medium
A reasonable description of records is one that would allow an agency employee to locate the records “with a reasonable amount of effort.” Marks v. U.S. Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978).
discussed Cited as authority (rule) Ray v. Federal Bureau of Investigation
D.D.C. · 2006 · confidence medium
See Oglesby v. United States Dep’t of the Army, 920 F.2d 57, 68 (D.C.Cir.1990) (“There is no requirement that an agency search every record system.”); Church of Scientology v. Internal Revenue Serv., 792 F.2d 146, 150 (D.C.Cir.1986) (when agency regulations require that FOIA request be submitted to specific office and requester does not follow regulations, agency not obligated to search additional offices); Marks v. United States Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978) (no duty for FBI to search field offices when FOIA request directed only to headquarters); Matrera v. Unite…
cited Cited as authority (rule) Griffin v. J-RECORDS
E.D. Wash. · 2005 · confidence medium
Celotex, 477 U.S. at 324, 106 S.Ct. 2548 ; Marks v. United States, 578 F.2d 261, 263 (9th Cir.1978).
cited Cited as authority (rule) National Treasury Employees Union v. Chertoff
D.D.C. · 2005 · confidence medium
Exxon Corp. v. F.T.C., 663 F.2d 120, 127 (D.C.Cir.1980) (citing Marks v. United States Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978)).
cited Cited as authority (rule) McRae v. Olive
D.D.C. · 2005 · confidence medium
Exxon Corp. v. F.T.C., 663 F.2d 120, 127 (D.C.Cir.1980)(citing Marks v. United Stated Dep’t of Justice, 578 F.2d 261, 263 (9th Cir.1978)).
Retrieving the full opinion text from the archive…
Alan R. MARKS, Plaintiff-Appellant,
v.
UNITED STATES of America (DEPARTMENT OF JUSTICE), Defendant-Appellee
78-1201.
Court of Appeals for the Ninth Circuit.
Jul 12, 1978.
578 F.2d 261
Alan R. Marks in pro per.
Anderson, Browning, Carter.
Cited by 127 opinions  |  Published
JAMES M. CARTER, Circuit Judge:

Alan R. Marks appeals the district court’s grant of summary judgment in favor of the U.S. Department of Justice in his suit challenging the sufficiency of the FBI’s response to a Freedom of Information Act request. The sole issue is whether Marks rebutted the evidentiary showing made by the Department of Justice in favor of summary judgment. Marks’ response did not establish the existence of a genuine issue of material fact. We affirm.

I. FACTS

On February 5, 1976, pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, Alan R. Marks requested from the Washington, D.C. office of the FBI all files and documents maintained under his name. On December 20, 1976, the FBI sent Marks four pages of documents produced by a search of FBI records, including the “Central Records System” and the Electronic Surveillance (ELSUR) Indices. Certain deletions were made from these documents in accordance with the exemption provisions of 5 U.S.C. § 552. The only other documents pertaining to Marks were records of the instant litigation.

Upon receipt of these records Marks inquired whether any entire document had been deleted under an exemption, and further requested a search of the records of the San Francisco field office, from 1966 to date. The FBI informed Marks that no entire documents had been deleted from disclosure. They also searched the San Francisco field office records and advised Marks that there was no record identifiable with him in that office. Marks was further advised that if he believed other agencies or offices contained records concerning him, he should write directly to them.

Unwilling to believe that full disclosure had been made, Marks instituted the present litigation, in pro per, seeking release of documents allegedly undisclosed by the FBI. Marks availed himself of extensive discovery, including four depositions and three sets of requests for admissions, but obtained scant substantiation for his claim. In August 1977, the Department of Justice moved for summary judgment, supported by sworn affidavits from record custodians in Washington, D.C. and San Francisco that Marks had received all documents uncovered in response to his request. Marks filed two affidavits in opposition. On November 3, 1977, the district court, concluding that Marks was relying on “the sheerest speculation”, granted the motion for summary judgment.

II.. SUMMARY JUDGMENT

Appellate review of summary judgment is limited to a determination whether there is a genuine issue of material fact. Fed.R.Civ.P. 56. The burden is on the moving party to establish the absence of any such fact. Weinberger v. Hynson, Westcott & Dunning, 412 U.S. 609, 622 n. 18, 93 S.Ct. 2469, 37 L.Ed.2d 207 (1973); California Pacific Bank v. Small Business Administration, 557 F.2d 218, 220 (9 Cir. 1977); 6 J. Moore, Federal Practice ¶ 56.15[1.-00] at 56-405 (2d ed. 1970). We must draw all inferences in a light most favorable to Marks. Adickes v. S. H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); California Pacific Bank v. Small Business Administration, supra, 557 F.2d at 220.

To prevail, the Department of Justice must show that each document in existence which has been requested either has been produced, is unidentifiable, or is wholly exempt under the Act. National Cable Television Association, Inc. v. F. C. [*263] C., 156 U.S.App.D.C. 91, 94, 479 F.2d 183, 186 (1973). However, once the Department established through sworn affidavits that no undisclosed documents regarding Marks were contained in its relevant files, Marks was obligated to controvert that showing. Mutual Fund Investors v. Putnam Management Co., 553 F.2d 620, 624 (9 Cir. 1977). Conclusory allegations unsupported by factual data will not create a triable issue of fact. California ex rel. Department of Transportation v. United States, Etc., 561 F.2d 731, 733 n. 4 (9 Cir. 1977).

Marks makes three arguments in opposition to the Department’s showing. First, he maintains the Department’s affidavits are inadequate by themselves to support summary judgment because they refer only to the Washington, D.C. and the San Francisco records. No showing has been made regarding documents in other FBI offices. However, Marks did not request the FBI to search every file throughout all its field offices. Until this appeal, Marks appeared satisfied with a search of the agency’s central files in Washington, D.C. and its field office records in San Francisco. The suggestion that the FBI should conduct an open-ended search throughout all its field offices is merely an afterthought.

Moreover, even if Marks is considered to have requested an all-encompassing search of the records of every field office of the FBI, the FOIA does not mandate that the FBI comply. The FOIA requires that federal agencies make records available only upon a request which “reasonably describes” the records sought. 5 U.S.C. § 552(a)(3). A description “would be sufficient if it enabled a professional employee of the agency who was familiar with the subject area of the request to locate the record with a reasonable amount of effort.” H.Rep.No.93-876 93rd Cong., 2d Sess. 6 (1974), U.S.Code Cong. & Admin.News 1971, p. 6271. Accord Bristol-Myers Co. v. F.T.C., 138 U.S.App.D.C. 22, 25, 424 F.2d 935, 938 (1970), cert. denied, 400 U.S. 824, 91 S.Ct. 46, 27 L.Ed.2d 52 (1970); S.Rep.No.813 89th Cong., 1st Sess. 8 (1965).

Although courts have been wary to prohibit this requirement from becoming a loophole through which federal agencies can deny the public access to legitimate information, it has been held that broad, sweeping requests lacking specificity are not permissible. See, e. g., Mason v. Callaway, 554 F.2d 129 (4 Cir. 1977), cert. denied, 434 U.S. 877, 98 S.Ct. 229, 54 L.Ed.2d 157 (1977), reh. denied, 434 U.S. 935, 98 S.Ct. 424, 54 L.Ed.2d 295 (1977) (Request for “all correspondence, documents, memoranda, tape recordings, notes, and any other material pertaining to the atrocities committed against plaintiffs . . ., including, but not limited to the files of [various government offices]” is not reasonably descriptive.); Irons v. Schuyler, 151 U.S.App.D.C. 23, 465 F.2d 608 (1972), cert. denied, 409 U.S. 1076, 93 S.Ct. 682, 34 L.Ed.2d 664 (1972) (Request is too broad which seeks “all unpublished manuscript decisions of the Patent Office, together with such indices as are available . . . .”); Fonda v. C. I. A., 434 F.Supp. 498 (D.D.C.1977) (Request for all documents filed under plaintiff’s name or which “concern her” but do not mention her name is too broad.).’

The requirement of reasonable description relates not only to subject matter, but as implied in Mason v. Callaway, supra, also relates to place of search. It would be an unreasonable interpretation of the FOIA to construe it to require a search of the kind envisioned by Marks every time a request for disclosure was filed. This is particularly true when the agency has made a good faith effort to comply. Here the FBI searched its “Central Records System”, its “Electronic Surveillance (ELSUR) Indices” and its San Francisco field records, and indicated its willingness to search the records of other specific field offices upon further request. This is adequate compliance with Marks’ request.

Second, Marks contends the FBI’s affidavits state only that at present no documents relating to him exist. He argues that relevant documents could have been destroyed or removed. As the district court pointed out, this allegation assumes, without the slightest factual basis, that records were either destroyed or secreted. Such a conclusory allegation does not raise a genuine issue for trial.

[*264] Finally, Marks asserts there must be undisclosed records relating to him because he had been employed by the government in a “sensitive” position and because he was the subject of an unsolicited report to the FBI by a private citizen. He suggests it is a matter of common knowledge, subject to judicial notice, that files are always maintained by the FBI on such persons. Again, we agree with the district court:

“But plaintiff has failed to submit any evidence that reports on such individuals are always or even routinely prepared in writing by the FBI. The mere fact that a portion of the record system is devoted to such reports cannot support any inference to that effect. Even if reports are prepared, there is no evidence as to how long they are preserved or in what department of the government they are kept. None of these facts is appropriate for judicial notice.” Memorandum of Opinion, No. C-76-0933-CBR at 4.

III. CONCLUSION

None of the Marks’ allegations reveal a genuine issue of material fact. The judgment of the district court is AFFIRMED.