1. Must a plaintiff facing a motion for
summary judgment provide evidence that the movant
has acted in bad faith before obtaining discovery
under Rule 56(d), where the sole reason that bad faith
is being required is that the case arises under the
Freedom of Information Act (FOIA)?

2. If there is a FOIJA-specific requirement
that a plaintiff provide evidence of agency bad faith
before obtaining discovery under Rule 56(d), does the
requirement extend to situations in which the
government agency has failed to meet its initial
burden of proof under the summary judgment
standard?

Must a plaintiff facing a motion for summary judgment provide evidence that the movant has acted in bad faith before obtaining discovery under Rule 56(d) in a FOIA case?