Case Detail

FOIA Project Annotation: A federal court in Oregon has ruled that names of individuals that appeared in an investigation of the Cramer Fire, in which two Forest Service firefighters died, were properly withheld under Exemption 6 (invasion of privacy). Forest Service Employees for Environmental Ethics requested the investigation report and the Forest Service released the report with all names redacted except for that of incident commander Alan Hackett, who was the prime focus of the report. Finding first that the names fit within the Supreme Court's broad definition of "similar files," the court rejected plaintiffs' argument that disclosure would promote government accountability. The court noted that "USFS employees are publicly employed and work out in the open. The names of the employees in and of themselves hold little or no expectation of privacy. The expectation, however, increases when attached to stigmatizing personnel matters, especially when associated to such a tragic event. There are disciplinary proceedings ongoing against some of the employees and disclosure of their names attached to such private personnel matters presents a clearly unwarranted invasion of privacy." The court also rejected the plaintiffs' argument that, since some of the employees involved had been identified in the media, their identities could be deduced when compared to the investigation report. The court pointed out that "plaintiff argues that the privacy interest of these individuals no longer can provide a basis for withholding information. Nonetheless, as noted above, FOIA exempts disclosure by defendant."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2005-01-19	1	Original File, certified copy of transfer order and docket sheet received from District of Montana containing documents numbered 1-23. Transferor Court Case Number: CV 04-133-M-DWM. (sln, ) (Entered: 01/26/2005)
2005-01-19	2	Complaint originally filed on 7/8/04 in the USDC for the District of Montana.Filed by Forest Service Employees for Environmental Ethics against United States Forest Service.(sln, ) (Entered: 01/26/2005)
2005-02-02	3	Notice of Appearance of attorney James L. Sutherland. Filed by James L. Sutherland appearing on behalf of United States Forest Service.(sln, ) (Entered: 02/03/2005)
2005-04-14	4	Motion to Withdraw or Substitute an Attorney. Filed by Forest Service Employees for Environmental Ethics. (Bahr, David) (Entered: 04/14/2005)
2005-04-18	5	ORDER: by Judge Michael R Hogan. Granting Plaintiff's Motion for Withdrawal of Attorney Timohty Bechtold as counsel for plaintiff 4 . (sln, ) (Entered: 04/18/2005)
2005-04-28	6	Answer to Complaint. Filed by United States Forest Service.(sln, ) (Entered: 04/28/2005)
2005-05-05	7	Answer to Complaint. Filed by United States Forest Service.(sln, ) (Entered: 05/05/2005)
2005-05-10	8	Motion for Summary Judgment. Filed by Forest Service Employees for Environmental Ethics. (Bahr, David) (Entered: 05/10/2005)
2005-05-10	9	Concise Statement of Material Fact. Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 .)(Bahr, David) (Entered: 05/10/2005)
2005-05-10	10	Memorandum in Support. Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 .)(Bahr, David) (Entered: 05/10/2005)
2005-05-10	11	Declaration of David Bahr. Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 .) (Attachments: # 1 Exhibit H# 2 Exhibit I# 3 Exhibit J# 4 Exhibit K# 5 Exhibit L# 6 Exhibit M# 7 Exhibit N)(Bahr, David) (Entered: 05/10/2005)
2005-05-10	12	Declaration of James R. Furnish. Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 .)(Bahr, David) (Entered: 05/10/2005)
2005-05-10	13	Declaration of Jodi Heath. Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 .)(Bahr, David) (Entered: 05/10/2005)
2005-05-10	14	Declaration of Ryan Allen. Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 .)(Bahr, David) (Entered: 05/10/2005)
2005-05-10	15	Declaration of Andy Stahl. Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C1# 4 Exhibit C2# 5 Exhibit C3# 6 Exhibit C4# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G)(Bahr, David) (Entered: 05/10/2005)
2005-05-11	16	Motion for Summary Judgment. Filed by United States Forest Service. (sln, ) (Entered: 05/11/2005)
2005-05-11	17	Memorandum in Support. Filed by United States Forest Service. (Related document(s): Motion for Summary Judgment 16 .)(sln, ) (Entered: 05/11/2005)
2005-05-11	18	Concise Statement of Material Fact. Filed by United States Forest Service. (Related document(s): Motion for Summary Judgment 16 .)(sln, ) (Entered: 05/11/2005)
2005-05-12	19	CIVIL MINUTES: Record of Order by Michael R Hogan setting Plaintiff's Motion for Summary Judgment 8 and Defendant's Motion for Summary Judgment 16 for oral argument for 6/14/2005 at 11:00AM in Eugene before U. S. District Judge Michael R Hogan. (sln, ) (Entered: 05/12/2005)
2005-05-12	20	Certificate of Compliance With L.R. 7.1 . Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 .)(Bahr, David) (Entered: 05/12/2005)
2005-05-19	21	Joint Unopposed Motion to modify briefing schedule; motion to reset oral argument hearing. Filed by United States Forest Service. (sln, ) (Entered: 05/23/2005)
2005-05-19	22	Declaration of James L. Sutherland. Filed by United States Forest Service. (Related document(s): Motion to continue 21 .)(sln, ) (Entered: 05/23/2005)
2005-05-23	23	CIVIL MINUTES: Record of Order - Joint Motion #21 to Extend Briefing and to Continue 6/14/05 Oral Argument on Motions for Summary Judgment #8 and #16 - granted. Response due by 6/3/2005. Optional Reply due by 6/30/2005. Oral Argument on plaintiff's Motion for Summary Judgment 8 and defendant's Motion for Summary Judgment 16 continued from 6/14/05 to 7/26/2005 at 11:00AM in Eugene before U. S. District Judge Michael R Hogan. Ordered by Judge Michael R Hogan. (lf, ) (Entered: 05/23/2005)
2005-06-03	24	Response to Motion for Summary Judgment 16 . Filed by Forest Service Employees for Environmental Ethics.(Bahr, David) (Entered: 06/03/2005)
2005-06-03	25	Concise Statement of Material Fact ; Response Thereto . Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 16 .)(Bahr, David) (Entered: 06/03/2005)
2005-06-06	26	Response in Opposition (to Plaintiff's) to Motion for Summary Judgment 8 . Filed by all defendants.(Sutherland, James) (Entered: 06/06/2005)
2005-06-10	27	Second Declaration of Rita M. Morgan. Filed by all defendants. (Sutherland, James) (Entered: 06/10/2005)
2005-06-30	28	Unopposed Motion for Extension of Time Unopposed Motion to Reset Oral Argument . Filed by Forest Service Employees for Environmental Ethics. (Bahr, David) (Entered: 06/30/2005)
2005-06-30	29	Reply in Support to Motion for Summary Judgment 8 . Filed by Forest Service Employees for Environmental Ethics.(Bahr, David) (Entered: 06/30/2005)
2005-07-06	30	CIVIL MINUTES: Record of Order - Plaintiff's unopposed Motion #28 to Continue 7/26/05 Hearing on motions #8 and #16 for Summary Judgment is granted. Oral Argument on Plaintiff's Motion for Summary Judgment 8 and defendant's Motion for Summary Judgment 16 continued from 7/26/05 to 9/13/2005 at 11:00AM in Eugene before U. S. District Judge Michael R Hogan. Ordered by Judge Michael R Hogan. (lf, ) (Entered: 07/06/2005)
2005-09-09	31	CIVIL MINUTES: Record of Order - Continuing Plaintiff's Motion for Summary Judgment 8 and Defendant's Motion for Summary Judgment 16 from 9/13/05 to Oral Argument set for 9/20/2005 at 10:45AM in Eugene before U. S. District Judge Michael R Hogan. Ordered by Judge Michael R Hogan. (lf, ) (Entered: 09/09/2005)
2005-09-12	32	Unopposed Motion to Continue. Oral Argument requested Filed by Forest Service Employees for Environmental Ethics. (Bahr, David) (Entered: 09/12/2005)
2005-09-15	33	CIVIL MINUTES: Record of Order - Plaintiff's unopposed Motion to Continue 9/20/05 hearing on Motions #8 and #16 for Summary Judgment is granted. Oral Argument on Plaintiff's Motion for Summary Judgment 8 and defendant's Motion for Summary Judgment 16 reset for 10/11/2005 at 10:30AM in Eugene before U. S. District Judge Michael R Hogan. Ordered by Judge Michael R Hogan. (lf, ) (Entered: 09/15/2005)
2005-10-06	34	CIVIL MINUTES: Record of Order - Continuing defendant's Motion for Summary Judgment 16 and plaintiff's Motion for Summary Judgment 8 from 10/11/05 to Oral Argument on 10/26/2005 at 11:00AM in Eugene before U. S. District Judge Michael R Hogan. Ordered by Judge Michael R Hogan. (lf, ) (Entered: 10/06/2005)
2005-10-26	35	CIVIL MINUTES: Record of Proceedings: - Oral Argument held on Plaintiff's Motion #8 and Defendant's Motion #16 for Summary Judgment - MOTIONS TAKEN UNDER ADVISEMENT David Bahr present as counsel for plaintiff. James Sutherland present as counsel for defendant. Court Reporter: Deborah Wilhelm. Michael R Hogan presiding. (Related document(s): Motion for Summary Judgment 16 , Motion for Summary Judgment 8 .) (lf, ) (Entered: 10/28/2005)
2005-12-08	36	Notice re Motion for Summary Judgment 8 , Motion for Summary Judgment 16 Notice of Additional Authority . Filed by David A Bahr appearing on behalf of Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 , Motion for Summary Judgment 16 .)(Bahr, David) (Entered: 12/08/2005)
2005-12-08	37	Declaration of David Bahr in Support of Plaintiff's Notice of Additional Authority . Filed by Forest Service Employees for Environmental Ethics. (Related document(s): Motion for Summary Judgment 8 , Motion for Summary Judgment 16 .) (Attachments: # 1 Exhibit Plaintiff's Ex. O# 2 Exhibit Plaintiff's Ex. P# 3 Exhibit Plaintiff's Ex. Q)(Bahr, David) (Entered: 12/08/2005)
2005-12-20	38	Notice of Change of Address and telephone. Filed by James L. Sutherland appearing on behalf of United States Forest Service.(sln, ) (Entered: 12/21/2005)
2005-12-21	39	ORDER: Signed on 12/20/05 by Judge Michael R Hogan. Denying Plaintiff's Motion for Summary Judgment 8 and Granting defendant's Motion for Summary Judgment 16 .This suit is dismissed. (sln, ) (Entered: 12/21/2005)
2005-12-21	40	Judgment - this action is dismissed. signed 12/21/05 by Deputy Clerk (sln, ) (Entered: 12/21/2005)
2005-12-22	41	Notice of Appeal to the 9th Circuit. Filed by Forest Service Employees for Environmental Ethics. (Attachments: # 1 Civil Appeals Docketing Statement) (Bahr, David) (Entered: 12/22/2005)
2005-12-23		Notification of Appeal from Notice of Appeal 41 sent to USCA for the 9th Circuit and counsel along with a copy of the docket sheet. (Related Document(s): Notice of Appeal 41 ) (sln, ) (Entered: 12/23/2005)
2005-12-29	42	Transcript Designation and Order Form regarding Notice of Appeal 41 No Transcripts Designated/Ordered . Filed by Forest Service Employees for Environmental Ethics. (Related Document(s): Notice of Appeal 41 ) (Bahr, David) (Entered: 12/29/2005)
2005-12-30		Notice confirming Docketing Record on Appeal re Notice of Appeal 41 Case Appealed to Ninth Circuit Case Number 05-36221 assigned. (Related Document(s): Notice of Appeal 41 ) (sln, ) (Entered: 01/03/2006)
2005-12-30	43	Copy of Time Scheudle Order from USCA for the 9th Circuit re Notice of Appeal 41 . (Related Document(s): Notice of Appeal 41 ) (sln, ) (Entered: 01/03/2006)
2006-01-05	44	Certificate of Record transmitted to USCA for the 9th Circuit re Notice of Appeal 41 . (Related Document(s): Notice of Appeal 41 ) (sln, ) (Entered: 01/05/2006)
2006-08-18	45	Copy of Order from USCA for the 9th Circuit re Notice of Appeal 41 - reply brief due 8/25/06. (Related Document(s): Notice of Appeal 41 ) (sln) (Entered: 08/18/2006)
2007-10-31		Record on Appeal 05-36221 sent to the Ninth Circuit regarding Notice of Appeal 41 . (Related Document(s): Notice of Appeal 41 ) (sln) (Entered: 10/31/2007)
2008-06-25		Appeal Record Returned - 05-36221 returned from the Ninth Circuit regarding Notice of Appeal 41 . (2 Volumes) (cp) (Entered: 06/25/2008)
2008-06-27	46	MANDATE of USCA for the 9th Circuit re Notice of Appeal 41 . The Judgment of this court, entered 5/1/08, takes effect this date. CLERK (cw) (Entered: 06/27/2008)
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