Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that while some information concerning country-by-country surveys of Peace Corps volunteers is protected by Exemption 6 (invasion of privacy), the public interest in disclosure outweighs the minimal privacy interests. Sullivan also found the agency's invocation of Exemption 5 (deliberative process privilege) too broad because it protected information merely because it could be useful in agency policy deliberations. The case involved a request by former Peace Corps volunteer Charles Ludlam, an advocate for strengthening and revitalizing the Peace Corps. He requested a comprehensive survey of volunteers for 2009 and 2010, including country-by-country and program-by-program breakouts. The surveys consisted of questions requiring multiple choice answers. The agency withheld information from the surveys under both Exemption 5 and Exemption 6. Ludlam initially claimed that, since the agency's entire 2008 survey was public, the agency had waived its right to withhold similar information in 2009 and 2010 surveys. Sullivan rejected that claim, noting that "considering that the responses to the later surveys were provided by a different group of volunteers, regarding their experiences during a different time period, the responses will not be identical to those provided in 2008." Sullivan added that "while agency leaders may have disseminated the survey results within the agency, the plaintiff has not shown that Peace Corps officials were authorized to, or did, release 2009 or 2010 survey results to the general public outside the agency." The agency had withheld responses to questions pertaining to rating staff performance, insensitive or discriminatory conduct by individuals in the host country, and whether the volunteers had been victims of crime in the host country. Sullivan found the agency had met its burden for withholding personal information only as to rating staff performance. He noted that "the agency has explained that it withheld responses that rate specific staff positions, and at the country or project level, these positions are 'typically filled by one person or a few at most.'. . .[T]here is more than a 'mere possibility' that employment ratings data could be linked to a particular individual if this information were released." But noting that there were 7671 volunteers in 2009 and 8655 in 2010, Sullivan rejected the agency's claim that individuals could be identified by disclosure of ratings on how volunteers were treated in their host countries. He pointed out that mere assertions that individuals could be identified "unsupported by any information such as the number of Volunteers in any country or program, the typical size of the host families with whom Volunteers stay, or the size of the communities or workplaces in which volunteers are placed, is simply not enough for the agency to meet its burden to demonstrate that the exemption applies." Sullivan then found the public interest in the agency's ability to protect its volunteers, particularly in light of the 2011 passage of the Kate Puzey Peace Corps Volunteer Protection Act, weighed in favor of disclosing the performance ratings as well. Sullivan explained that "there is a strong public interest in monitoring the Peace Corps' protection of Volunteers' safety and security, which must necessarily include effective management within each country." Sullivan rejected the agency's Exemption 5 claims as too broad. He indicated that "to permit Defendant to assert the deliberative process privilege for every piece of information which could be used, in some way or another, in the continuous process of improving the Agency would set virtually no limit on the privilege. Exemption 5's protections do not reach nearly this far."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy

FOIA Project Annotation: Judge Emmet Sullivan has declined to reconsider his ruling that disclosure of program-by-program information, which pertains to job assignments of volunteers within a country, from a survey of Peace Corps volunteers is protected by Exemption 6 (invasion of privacy) while country-by-country information is not. Charles Ludlam argued that Sullivan's previous ruling had improperly decided an issue outside the scope of the litigation. Sullivan disagreed, noting that he previously found that "defendant met its burden for invoking Exemption 6 by demonstrating that an individual's privacy interest was implicated in both country-by-country and program-by-program survey results. Thus, the burden shifted to plaintiff to show that there is a significant public interest in the disclosure of both types of requested data. For country-by-country results, the Court credited the arguments and support presented by the plaintiff and found that the public interest in information about the performance of the Peace Corps staff outweighed the privacy interests that are implicated. However, the Court concluded that plaintiff failed to demonstrate a substantial public interest in program-by-program results to warrant disclosure. If breakdown of survey results at the country-by-country level presents a substantial likelihood that concrete facts about a particular individual could be inferred, as the Court previously found, it follows that the breakdown at the program-by-program level within a particular country presents even more risk of invading personal privacy."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2011-08-31	1	COMPLAINT against UNITED STATES PEACE CORPS ( Filing fee $ 350, receipt number 4616041848) filed by CHARLES LUDLAM, PAULA HIRSCHOFF. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 09/01/2011)
2011-08-31		SUMMONS (3) Issued as to UNITED STATES PEACE CORPS, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 09/01/2011)
2011-09-30	2	Consent MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiffs' Complaint by UNITED STATES PEACE CORPS (Borum, Marian) (Entered: 09/30/2011)
2011-10-03		MINUTE ORDER granting 2 Defendant's Consent Motion for Enlargement of Time. Defendant shall file its response to the complaint by no later than November 7, 2011. Signed by Judge Emmet G. Sullivan on October 3, 2011. (lcegs4) (Entered: 10/03/2011)
2011-10-04		Set/Reset Deadlines: Answer due by 11/7/2011, (clv, ) (Entered: 10/04/2011)
2011-10-07	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/6/2011. Answer due for ALL FEDERAL DEFENDANTS by 10/6/2011. (Koo, Brian) (Entered: 10/07/2011)
2011-10-07	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/06/2011. (Koo, Brian) (Entered: 10/07/2011)
2011-10-07	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants (Koo, Brian) (Entered: 10/07/2011)
2011-11-04	6	Consent MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiffs' Complaint by UNITED STATES PEACE CORPS (Borum, Marian) (Entered: 11/04/2011)
2011-11-04		MINUTE ORDER granting 6 Defendant's Consent Motion for Enlargement of Time. Defendant shall file its response to the complaint by no later than December 7, 2011. Signed by Judge Emmet G. Sullivan on November 4, 2011. (lcegs4) (Entered: 11/04/2011)
2011-11-09		Set/Reset Deadlines: Answer due by 12/7/2011, (clv, ) (Entered: 11/09/2011)
2011-12-06	7	Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint by UNITED STATES PEACE CORPS (Borum, Marian) (Entered: 12/06/2011)
2011-12-08		MINUTE ORDER granting 7 Defendant's Consent Motion for Enlargement of Time. Defendant shall file its response to the complaint by no later than January 23, 2012. Signed by Judge Emmet G. Sullivan on December 8, 2011. (lcegs4) (Entered: 12/08/2011)
2011-12-08		Set/Reset Deadlines: Answer due by 1/23/2012, (clv, ) (Entered: 12/08/2011)
2012-01-19	8	MOTION for Extension of Time to File Dispositive Motion by UNITED STATES PEACE CORPS (Borum, Marian) (Entered: 01/19/2012)
2012-01-23		MINUTE ORDER treating 8 Defendant's Motion for a Ten Day Extension of Time to File Dispositive Motion as opposed, and granting the motion over opposition. Defendant shall file its dispositive motion in this matter by no later than February 2, 2012. Signed by Judge Emmet G. Sullivan on January 23, 2012. (lcegs4) (Entered: 01/23/2012)
2012-01-24		Set/Reset Deadlines: Dispositive Motions due by 2/2/2012. (clv, ) (Entered: 01/24/2012)
2012-02-02	9	MOTION to Dismiss or, in the Alternative , MOTION for Summary Judgment by UNITED STATES PEACE CORPS (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Borum, Marian) (Entered: 02/02/2012)
2012-02-15	10	First MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment by PAULA HIRSCHOFF, CHARLES LUDLAM (Koo, Brian) (Entered: 02/15/2012)
2012-02-15		MINUTE ORDER granting 10 plaintiffs' unopposed motion for extension of time to respond to defendant's motion to dismiss or for summary judgment. Plaintiffs shall file their response by no later than March 2, 2012. Signed by Judge Emmet G. Sullivan on February 15, 2012. (lcegs4) (Entered: 02/15/2012)
2012-02-15		Set/Reset Deadlines: Response to Dispositive Motions due by 3/2/2012. (clv, ) (Entered: 02/15/2012)
2012-03-01	11	Second MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment by PAULA HIRSCHOFF, CHARLES LUDLAM (Koo, Brian) (Entered: 03/01/2012)
2012-03-01		MINUTE ORDER granting 11 Consent Motion for Second Extension of Time to File Response to Defendant's Motion to Dismiss or for Summary Judgment. Plaintiffs shall file their response by no later than March 7, 2012. SO ORDERED. Signed by Judge Emmet G. Sullivan on March 1, 2012. (lcegs4) (Entered: 03/01/2012)
2012-03-02		Set/Reset Deadlines: Response to Dispositive Motions due by 3/7/2012. (clv, ) (Entered: 03/02/2012)
2012-03-07	12	RESPONSE re 9 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment filed by PAULA HIRSCHOFF, CHARLES LUDLAM. (Attachments: # 1 Declaration Attachment A, # 2 Declaration Attachment B, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 13, # 16 Exhibit Exhibit 14, # 17 Exhibit Exhibit 15, # 18 Exhibit Exhibit 16, # 19 Exhibit Exhibit 17, # 20 Exhibit Exhibit 18)(Koo, Brian) (Entered: 03/07/2012)
2012-03-16	13	Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment by UNITED STATES PEACE CORPS (Borum, Marian) (Entered: 03/16/2012)
2012-03-16		MINUTE ORDER granting 13 consent motion for extension of time to reply in support of motion to dismiss or for summary judgment. Defendant shall file its reply by no later than April 3, 2012. Signed by Judge Emmet G. Sullivan on March 16, 2012. (lcegs4) (Entered: 03/16/2012)
2012-03-16		Set/Reset Deadlines: Reply to Dispositive Motions due by 4/3/2012. (clv, ) (Entered: 03/16/2012)
2012-04-03	14	REPLY to opposition to motion re 9 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment filed by UNITED STATES PEACE CORPS. (Borum, Marian) (Entered: 04/03/2012)
2012-08-01	15	NOTICE of Withdrawal of Brian B. Koo ( Counsel) by PAULA HIRSCHOFF, CHARLES LUDLAM (Kushan, Jeffrey) Modified on 8/2/2012 to correct docket event (jf, ). (Entered: 08/01/2012)
2012-08-09	16	NOTICE of Appearance by James Asa High, Jr on behalf of All Plaintiffs (High, James) (Entered: 08/09/2012)
2013-03-29	17	ORDER granting 9 Motion to Dismiss; granting in part and denying in part 9 Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on March 29, 2013. (lcegs4) (Entered: 03/29/2013)
2013-03-29	18	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on March 29, 2013. (lcegs4) (Entered: 03/29/2013)
2013-04-25	19	Joint MOTION for Extension of Time to File Joint Status Report by UNITED STATES PEACE CORPS (Borum, Marian) (Entered: 04/25/2013)
2013-04-26		MINUTE ORDER granting 19 joint request for extension of time to file joint status report. The parties shall file a joint status report, including a recommendation for further proceedings, by no later than May 31, 2013. Signed by Judge Emmet G. Sullivan on April 26, 2013. (lcegs4) (Entered: 04/26/2013)
2013-04-29		Set/Reset Deadlines: Joint Status Report due by 5/31/2013. (mac) (Entered: 04/29/2013)
2013-05-31	20	STATUS REPORT (JOINT) per 4/26/2013 minute order by CHARLES LUDLAM. (High, James) (Entered: 05/31/2013)
2013-06-02		NOTICE OF ERROR re 20 Status Report; emailed to jhigh@sidley.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature (jf, ) (Entered: 06/02/2013)
2013-06-03		MINUTE ORDER. In the parties' 20 joint status report, the Peace Corps agreed to produce, by the end of June, the documents ordered by the Court in its Opinion and Order dated March 29, 2013, and plaintiff stated his intention to move for reconsideration of the Court's partial grant of summary judgment for the Peace Corps in its Opinion and Order of the same date. In light of the foregoing, the Peace Corps is directed to produce, by no later than July 1, 2013, the information ordered by this Court's Opinion and Order dated March 29, 2013. Plaintiff's motion for reconsideration shall be filed by no later than July 15, 2013. In the event no motion for reconsideration is filed, the parties shall file a joint status report, including recommendations for further proceedings, by no later than July 18, 2013. SO ORDERED. Signed by Judge Emmet G. Sullivan on June 3, 2013. (lcegs4) (Entered: 06/03/2013)
2013-06-03		Set/Reset Deadlines: Peace Corps is directed to produce the information ordered by this Court's Opinion and Order dated 3/29/13 due by 7/1/201; Motion for reconsideration due by 7/15/2013; Status Report due by 7/18/2013 (clv, ) (Entered: 06/03/2013)
2013-07-15	21	MOTION for Reconsideration by CHARLES LUDLAM (Attachments: # 1 Declaration Ludlam July 12, 2013 Declaration, # 2 Declaration Hirschoff July 12, 2013 Declaration, # 3 Declaration High July 15, 2013 Declaration, # 4 Exhibit Ex. 19 (2009 AVS Senegal), # 5 Exhibit Ex. 20 (2009 AVS Botswana), # 6 Exhibit Ex. 21 (2009 AVS Ethiopia), # 7 Exhibit Ex. 22 (2010 AVS Micronesia))(High, James) (Entered: 07/15/2013)
2013-07-26	22	Unopposed MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Reconsideration by UNITED STATES PEACE CORPS (Borum, Marian) (Entered: 07/26/2013)
2013-07-26		MINUTE ORDER granting 22 unopposed motion for extension of time. Defendant shall file its opposition to the motion for reconsideration by no later than August 9, 2013. Signed by Judge Emmet G. Sullivan on July 26, 2013. (lcegs1) (Entered: 07/26/2013)
2013-07-29		Set/Reset Deadlines: Responses due by 8/9/2013 (clv, ) (Entered: 07/29/2013)
2013-08-09	23	RESPONSE re 21 MOTION for Reconsideration filed by UNITED STATES PEACE CORPS. (Borum, Marian) (Entered: 08/09/2013)
2013-08-16	24	REPLY to opposition to motion re 21 MOTION for Reconsideration filed by CHARLES LUDLAM. (High, James) (Entered: 08/16/2013)
2013-09-19	25	ORDER denying 21 Motion for Reconsideration, directing the Clerk of the Court to close this case. Signed by Judge Emmet G. Sullivan on September 19, 2013. (lcegs4) (Entered: 09/19/2013)
2013-09-19	26	MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on September 19, 2013. (lcegs4) (Entered: 09/19/2013)
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