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Case TitleReddick v. United States Department of Energy
DistrictEastern District of Washington
CityRichland
Case Number4:2015cv05114
Date Filed2015-11-23
Date ClosedOpen
JudgeJudge Rosanna Malouf Peterson
PlaintiffJulie Reddick
Case DescriptionJulie Reddick, an employee of the Department of Energy, submitted a FOIA request to the agency for an employee concern investigation report pertaining to her. The agency withheld the report under Exemption 5 (privileges). Reddick appealed the agency's decision, which was denied. Reddick then submitted a second FOIA request for an employee concern investigation report prepared by a consultant. That report was released with redactions made under Exemption 5. Reddick again appealed the decision, which was upheld. Reddick then filed suit.
Complaint issues: Exemption 5 - Privileges, Litigation - Recovery of Costs

DefendantUnited States Department of Energy
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [32]
Opinion/Order [35]
FOIA Project Annotation: A federal court in Washington has dismissed the Department of Energy's request for reconsideration of its prior ruling that one of two reports requested by agency employee Julie Reddick, pertaining to concerns she submitted to the agency's Employee Concerns Program, was not protected by Exemption 5 (privileges). The court had previously found that one report was covered by Exemption 5, but that the other, referred to as the Van der Puy report, was not. The agency then asked the court to reconsider its decision. Rejecting the agency's motion, the court noted that "defendant's motion focuses on. . .whether the evidence would have changed the disposition of the summary judgment motion, while neglecting to address how the evidence is newly discovered and whether Defendant exercised 'due diligence' in bringing it to the Court's attention." The court observed that "here, DOE waited for the Court to issue its order to bring the information to the Court's attention, despite having had the documents and information in its possession since October 2016. Moreover, DOE provided no explanation for the delay in providing these documents." Alternatively, DOE asked the court to redact certain personally-identifying information under Exemption 6 (invasion of privacy). Rejecting that request as well, the court pointed out that "DOE has waived FOIA Exemption 6 by not asserting that Exemption 6 protected the Van der Puy report from disclosure in its original FOIA determinations. In addition, the Court notes that the Van der Puy report will be produced to Plaintiff subject to a protective order."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-231COMPLAINT against United States Department of Energy (Receipt # RIC001017) Filed by Julie Reddick. (Attachments: # 1 Civil Cover Sheet)(CV, Case Administrator) (Entered: 11/23/2015)
2015-11-232Summons Issued as to United States Department of Energy. (CV, Case Administrator) (Entered: 11/23/2015)
2015-11-23Notice of Judge Assignment. Chief Judge Rosanna Malouf Peterson assigned to case. (CV, Case Administrator) (Entered: 11/23/2015)
2015-11-233SUMMONS Returned Executed by Julie Reddick re United States Department of Energy. (CV, Case Administrator) (Entered: 11/24/2015)
2015-12-024MOTION to Obtain ECF Login and Password by Julie Reddick. Motion Hearing set for 1/4/2016 Without Oral Argument before Chief Judge Rosanna Malouf Peterson. (CV, Case Administrator) (Entered: 12/03/2015)
2015-12-035ORDER granting 4 Motion to Obtain ECF Login and Password. Signed by Chief Judge Rosanna Malouf Peterson. (CV, Case Administrator) (Entered: 12/04/2015)
2016-01-286Notice of Intent to Move for Entry of Default by Julie Reddick (CV, Case Administrator) (Entered: 01/29/2016)
2016-02-017SUMMONS Returned Executed by Julie Reddick re United States Department of Energy. (Attachments: # 1 US Attorney General Summons)(CV, Case Administrator) (Entered: 02/03/2016)
2016-02-038NOTICE of Appearance by Vanessa Ruth Waldref on behalf of United States Department of Energy (Attorney Vanessa Ruth Waldref added to party United States Department of Energy(pty:dft))(Waldref, Vanessa) (Entered: 02/03/2016)
2016-03-039United States Department of Energy's ANSWER to Complaint by United States Department of Energy.(Waldref, Vanessa) (Entered: 03/03/2016)
2016-03-0310SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference set for 4/12/2016 at 01:30 PM in Telephonic Argument before Judge Rosanna Malouf Peterson. (MF, Courtroom Deputy) (Entered: 03/03/2016)
2016-03-1711REPLY re 10 Scheduling Conference Notice Plaintiff's Rule 26(a)(1) Initial Disclosures by Julie Reddick. (Reddick, Julie) (Entered: 03/17/2016)
2016-03-2412LR 26.1 / LR 16.1 Attorney Report by United States Department of Energy. (Waldref, Vanessa) (Entered: 03/24/2016)
2016-04-1213Minute Entry for TELEPHONIC proceedings held before Judge Rosanna Malouf Peterson: Scheduling Conference held on 4/12/2016. (Reported/Recorded by: Ronelle F. Corbey) (MF, Courtroom Deputy) (Entered: 04/12/2016)
2016-04-1314BENCH TRIAL SCHEDULING ORDER: Bench Trial set for 12/15/2016 at 09:00 AM in Richland Courtroom 189 before Judge Rosanna Malouf Peterson. Signed by Judge Rosanna Malouf Peterson. (CV, Case Administrator) (Entered: 04/13/2016)
2016-05-2015MOTION for Summary Judgment by United States Department of Energy. Motion Hearing set for 9/26/2016 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: # 1 proposed order)(Waldref, Vanessa) (Entered: 05/20/2016)
2016-05-2016STATEMENT OF FACTS re 15 MOTION for Summary Judgment filed by United States Department of Energy. (Attachments: # 1 Biggs pgs 10-17, # 2 Exh 1 pgs 18-28, # 3 Laney pgs 29-31, # 4 Exh 1 pgs 32-33, # 5 Exh 2 pgs 34-45, # 6 Exh 3 pgs 46-49, # 7 Exh 4 pgs 50-54, # 8 Exh 5 pgs 55-58, # 9 Exh 6 pgs 59-65, # 10 Exh 7 pgs 66-68, # 11 Exh 8 pgs 69-73, # 12 Morris pgs 74-80, # 13 Exh A pgs 81-82, # 14 Exh B pgs 83-84, # 15 Exh C pgs 85-87, # 16 Exh D pgs 88-99, # 17 Exh E pgs 100-113, # 18 Exh F pg 114, # 19 Exh G pgs 115-158)(Waldref, Vanessa) (Entered: 05/20/2016)
2016-05-2017NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirements. Notice sent to: Julie Reddick. (CC, Case Administrator) (Entered: 05/20/2016)
2016-06-0318Cross MOTION for Summary Judgment and In Camera Review by Julie Reddick. Motion Hearing set for 9/26/2016 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: # 1 Text of Proposed Order Proposed Order for In Camera Review, # 2 Text of Proposed Order Proposed Order for Summary Judgment, # 3 Supplement Certificate of Service)(Reddick, Julie) (Entered: 06/03/2016)
2016-06-0319STATEMENT OF Plaintiff's Material FACTS re 18 Cross MOTION for Summary Judgment and In Camera Review filed by Julie Reddick. (Attachments: # 1 Supplement Attachment A, # 2 Supplement Attachment B, # 3 Supplement Attachment C, # 4 Supplement Attachment D, # 5 Supplement Attachment E, # 6 Supplement Attachment F, # 7 Supplement Attachment G, # 8 Supplement Attachment H, # 9 Supplement Attachment I, # 10 Supplement Attachment J, # 11 Supplement Attachment K, # 12 Supplement Attachment L, # 13 Supplement Attachment M, # 14 Exhibit Exhibit 1, # 15 Exhibit Exhibit 2, # 16 Exhibit Exhibit 3, # 17 Exhibit Exhibit 4, # 18 Exhibit Exhibit 5, # 19 Exhibit Exhibit 6, # 20 Exhibit Exhibit 7, # 21 Exhibit Exhibit 8, # 22 Exhibit Exhibit 9, # 23 Exhibit Exhibit 10, # 24 Exhibit Exhibit 11, # 25 Exhibit Exhibit 12, # 26 Supplement Certificate of Service)(Reddick, Julie) (Entered: 06/03/2016)
2016-07-1520RESPONSE to Motion re 18 Cross MOTION for Summary Judgment and In Camera Review , 15 MOTION for Summary Judgment filed by United States Department of Energy. (Waldref, Vanessa) (Entered: 07/15/2016)
2016-07-2821REPLY MEMORANDUM re 18 Cross MOTION for Summary Judgment and In Camera Review and re 20 Defendant's Joint Response filed by Julie Reddick. (Attachments: # 1 Exhibit EXH 1 pp 11-15, # 2 Exhibit EXH 2 pp 16-19, # 3 Exhibit EXH 3 pp 20-23, # 4 Exhibit EXH 4 pp 24-26, # 5 Exhibit EXH 5 pp 27-43, # 6 Exhibit EXH 6 pp 44-45, # 7 Exhibit EXH 7 pp 46-47, # 8 Exhibit EXH 8 pp 48-50, # 9 Exhibit EXH 9 pp 51-52, # 10 Exhibit EXH 10 pp 53-55, # 11 Appendix Certificate of Service p 56)(Reddick, Julie) (Entered: 07/28/2016)
2016-08-0122Letter from Julie Reddick to Clerk of the Court dated July 30, 2016. (CC, Case Administrator) (Entered: 08/01/2016)
2016-12-0223ORDER REGARDING IN CAMERA REVIEW - Defendants Motion for Summary Judgment, ECF No. 15 , is RESERVED. Plaintiffs Motion for Summary Judgment and In Camera Review, ECF No. 18 , is GRANTED IN PART AND RESERVED IN PART. The current trial date of 12/5/16 is stricken and will be reset. Signed by Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy) (Entered: 12/02/2016)
2016-12-0624NOTICE by United States Department of Energy re 23 Order,, Terminate Motions,, Terminate Deadlines and Hearings, Notice of United States' Compliance with Order Regarding In Camera Review (Waldref, Vanessa) (Entered: 12/06/2016)
2016-12-0925REPLY to Defendant's Question in ECF Doc 24 by Julie Reddick. (Reddick, Julie) (Entered: 12/09/2016)
2017-01-2326ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT - Motion granted in part and denied in part regarding 15 MOTION for Summary Judgment filed by United States Department of Energy. Motion denied regarding 18 Cross MOTION for Summary Judgment and In Camera Review filed by Julie Reddick. Telephonic Scheduling Conference set for 2/7/2017 at 02:00 PM via Telephonic Argument before Judge Rosanna Malouf Peterson. Signed by Judge Rosanna Malouf Peterson. (CC, Case Administrator) (Entered: 01/23/2017)
2017-01-2627NOTICE of Hearing - Text entry;no PDF document. - By Court: DATE AND TIME CHANGE. Telephonic Scheduling Conference set for 2/7/2017 is RESET to 2/10/2017 at 01:30 PM in Telephonic Argument before Judge Rosanna Malouf Peterson. The Court will be in trial and not available for the hearing on 2/7/2017. The parties shall call the Courts toll-free conference line at (888) 363-4749 and enter access code 6699898. Please listen carefully and follow the automated instructions so that you can be added to the conference in a timely manner. Cell phones and speaker phones are not compatible with the Courts sound system and may not be used.(MF, Courtroom Deputy) (Entered: 01/26/2017)
2017-02-0328MOTION for Reconsideration re 26 Order,,, Terminate Motions,,, Set Deadlines/Hearings,, by United States Department of Energy. Motion Hearing set for 3/6/2017 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: # 1 Affidavit Declaration of Andrew Lawrence, Deputy Associate Under Secretary (AU), # 2 Exhibit A - DOE O 442.1A, # 3 Exhibit B - ECP Letter of Finding, # 4 Text of Proposed Order)(Waldref, Vanessa) (Entered: 02/03/2017)
2017-02-0529MEMORANDUM in Opposition re 28 MOTION for Reconsideration re 26 Order,,, Terminate Motions,,, Set Deadlines/Hearings,, filed by Julie Reddick. (Attachments: # 1 Exhibit A_Email of 10-19-16, # 2 Exhibit B_Email of 07-07-16, # 3 Exhibit C_OSC Press Release, # 4 Exhibit D_DOE Employee Concerns Guide, # 5 Exhibit E_Doc 10 Amended QUI TAM Complaint)(Reddick, Julie) (Entered: 02/05/2017)
2017-02-1030Minute Entry for TELEPHONIC proceedings held before Judge Rosanna Malouf Peterson: Scheduling Conference held on 2/10/2017. (Reported/Recorded by: Ronelle F. Corbey) (MF, Courtroom Deputy) (Entered: 02/10/2017)
2017-02-1031BENCH TRIAL SCHEDULING ORDER: Bench Trial set for 5/10/2017 at 9:00 AM in Richland, Courtroom 189, before Judge Rosanna Malouf Peterson . Signed by Judge Rosanna Malouf Peterson. (PL, Case Administrator) (Entered: 02/10/2017)
2017-02-1032ORDER Denying 28 Motion for Reconsideration. Signed by Judge Rosanna Malouf Peterson. (PL, Case Administrator) (Entered: 02/10/2017)
2017-02-1333NOTICE by United States Department of Energy re 31 Scheduling Order Proposed Protective Order Regarding Van Der Puy Report (Attachments: # 1 Proposed Order)(Waldref, Vanessa) (Entered: 02/13/2017)
2017-02-1434REPLY re 33 Notice (Other), 30 Scheduling Conference Plaintiff's Response to Protective Order by Julie Reddick. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Protective Order)(Reddick, Julie) (Entered: 02/14/2017)
2017-02-1535PROTECTIVE ORDER signed by Judge Rosanna Malouf Peterson. (CC, Case Administrator) (Entered: 02/15/2017)
2017-02-1636NOTICE by United States Department of Energy re 35 Protective Order Compliance with Order (Waldref, Vanessa) (Entered: 02/16/2017)
2017-02-2437Witness List by United States Department of Energy. (Waldref, Vanessa) (Entered: 02/24/2017)
2017-02-2838Plaintiff's Motion to Seal a Document in Response to the Court's Protective Order by Julie Reddick. (Attachments: # 1 Text of Proposed Order)(CC, Case Administrator) (Entered: 02/28/2017)
2017-03-0440Witness List per Bench Trial Scheduling Order by Julie Reddick. (Reddick, Julie) (Entered: 03/04/2017)
2017-03-1641Exhibit List Plaintiff's by Julie Reddick. (Reddick, Julie) (Entered: 03/16/2017)
2017-03-2142MOTION to Dismiss as Moot by United States Department of Energy. Motion Hearing set for 5/10/2017 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: # 1 Exhibit Bill of Costs pages 5-11, # 2 Text of Proposed Order)(Waldref, Vanessa) (Entered: 03/21/2017)
2017-03-2243RESPONSE to Motion re 42 MOTION to Dismiss as Moot filed by Julie Reddick. (Reddick, Julie) (Entered: 03/22/2017)
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by FOIA Project Staff