Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that OPM has so far failed to show that it conducted an adequate search for records pertaining to any federal employment actions taken as a result of an individual's failure to register with Selective Service. Responding to a request from Leah Nicholls for any records, including appeals, the agency searched its government-wide workforce information database and concluded that no action code existed that would allow the agency to locate information concerning whether an individual was dismissed from federal employment as a result of failure to register with Selective Service. Nicholls argued that the agency's Public Liaison had told her that responsive records might be held by the Federal Investigative Services and that the agency had provided no explanation as to why it did not search there as well. Boasberg noted that "Defendant's Opposition Reply never addresses this point, and OPM offers nothing to dispute Plaintiff's theory beyond a conclusory statementâ€"unsupported by declarationâ€"that 'FIS does not have responsive records.' Defendant's failure to refute Plaintiff's argument that it should have checked with FIS precludes summary judgment on this issue." But Boasberg agreed with the agency that there was no likelihood that responsive records could be found by a further search of its paper records. He observed that "this is particularly true because Plaintiff is seeking aggregate data about types of governmental actionâ€"i.e., the sort of information contained in databasesâ€"rather than individual records themselves. . .Plaintiff's conjecture that aggregate information might be located in non-electronic records does not undermine the agency's position." Nicholls claimed OPM had interpreted her request for appeals information too narrowly by informing her that there was no appeal right for such a determination. Nicholls said the word "appeal" was "functionally equivalent to the words 'adjudication' and 'reconsideration,' a claim Boasberg indicated was "half right." He pointed out that "OPM reads Plaintiff's request too narrowly. Plaintiff sought documents 'relating to appeals. . .regarding the termination, denial of employment, or withdrawal of employment.' She did not, as OPM sometimes suggests in its briefs, request documents related to 'appeals from' employment actions. Plaintiff's use of words like 'relating to' and 'regarding' plainly indicate that she sought information about appeals lodged at any point during the process, not only those taken after the relevant employment action. Instances of reconsideration by another authority, whether before or after the termination, are still connected to that termination. OPM thus cannot avoid disclosure on the ground that reconsiderations may have taken place prior to any formal employment action."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2011-09-13	1	COMPLAINT against UNITED STATES OFFICE OF PERSONNEL MANAGEMENT ( Filing fee $ 350, receipt number 4616042199) filed by LEAH M. NICHOLLS. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf, ) (Entered: 09/14/2011)
2011-09-13		SUMMONS (3) Issued as to UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 09/14/2011)
2011-09-14	2	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/13/2011. Answer due for ALL FEDERAL DEFENDANTS by 10/13/2011. (Wolfman, Brian) (Entered: 09/14/2011)
2011-09-28	3	NOTICE of Appearance by Claire M. Whitaker on behalf of UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Whitaker, Claire) (Entered: 09/28/2011)
2011-10-12	4	Consent MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/12/2011)
2011-10-12		MINUTE ORDER granting 4 Consent Motion for Extension of Time to Answer. The Court ORDERS that Defendant shall answer or otherwise respond to Plaintiff's Complaint on or before November 14, 2011. Signed by Judge James E. Boasberg on 10/12/2011. (lcjeb1) (Entered: 10/12/2011)
2011-10-13		Set/Reset Deadlines: Defendant shall answer or otherwise respond to Plaintiff's Complaint on or before 11/14/2011. (ad) (Entered: 10/13/2011)
2011-11-14	5	ANSWER to 1 Complaint by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT.(Whitaker, Claire) (Entered: 11/14/2011)
2011-11-15	6	ORDER. The parties shall consult and file a joint proposed briefing schedule on or before December 15, 2011. Signed by Judge James E. Boasberg on 11/15/2011. (lcjeb1) (Entered: 11/15/2011)
2011-11-16		Set/Reset Deadlines: The parties shall consult and file a joint proposed briefing schedule on or before 12/15/2011. (ad) (Entered: 11/16/2011)
2011-12-13	7	NOTICE of the Parties' Proposed Briefing Schedule by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT re 6 Order (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/13/2011)
2011-12-15	8	SCHEDULING ORDER. The Court ORDERS that the following schedule shall govern further proceedings in this case: (1) Defendant shall file its Motion for Summary Judgment on or before February 16, 2012; (2) Plaintiff shall file her Opposition and any Cross-Motion for Summary Judgment on or before March 20, 2012; (3) Defendant's Reply and any Opposition to Plaintiff's Cross-Motion shall be filed on or before April 20, 2012; and (4) any Reply in support of Plaintiff's Cross-Motion shall be filed on or before May 11, 2012. Signed by Judge James E. Boasberg on 12/15/2011. (lcjeb1) (Entered: 12/15/2011)
2011-12-15		Set/Reset Deadlines: : (1) Defendant shall file its Motion for Summary Judgment on or before 2/16/2012; (2) Plaintiff shall file her Opposition and any Cross-Motion for Summary Judgment on or before 3/20/2012; (3) Defendant's Reply and any Opposition to Plaintiff's Cross-Motion shall be filed on or before 4/20/2012; and (4) Any Reply in support of Plaintiff's Cross-Motion shall be filed on or before 5/11/2012. (ad) (Entered: 12/15/2011)
2012-02-16	9	Consent MOTION for Extension of Time to due date for dispositive motion and oppo/cross motion by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/16/2012)
2012-02-17		MINUTE ORDER granting 9 Motion for Extension of Time. The Court ORDERS that the Scheduling Order governing this case is modified as follows: 1) Defendant shall file its Motion for Summary Judgment on or before February 23, 2012; and 2) Plaintiff shall file her Opposition and any Cross-Motion for Summary Judgment on or before March 27, 2012. Signed by Judge James E. Boasberg on 2/17/2012. (lcjeb1) (Entered: 02/17/2012)
2012-02-17		Set/Reset Deadlines: Defendant shall file its Motion for Summary Judgment on or before 2/23/2012; Plaintiff shall file her Opposition and any Cross-Motion for Summary Judgment on or before 3/27/2012. (ad) (Entered: 02/17/2012)
2012-02-23	10	MOTION to Dismiss, MOTION for Summary Judgment by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Attachments: # 1 Attachment 1 - Dec. of Ryan Witt, # 2 Attachment 2 - Dec. of Gary Lukowski, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/23/2012)
2012-03-27	11	Cross MOTION for Summary Judgment by LEAH M. NICHOLLS (Attachments: # 1 Declaration Declaration of Leah M. Nicholls with Exhibit A, # 2 Exhibit Newspaper article, # 3 Text of Proposed Order)(Wolfman, Brian) (Entered: 03/27/2012)
2012-03-27	12	Memorandum in opposition to re 10 MOTION to Dismiss MOTION for Summary Judgment filed by LEAH M. NICHOLLS. (Attachments: # 1 Declaration Declaration of Leah M. Nicholls with Exhibit A, # 2 Exhibit Newspaper article, # 3 Text of Proposed Order)(Wolfman, Brian) (Entered: 03/27/2012)
2012-03-27	13	Memorandum in opposition to re 10 MOTION to Dismiss MOTION for Summary Judgment filed by LEAH M. NICHOLLS. (Wolfman, Brian) (Entered: 03/27/2012)
2012-04-19	14	Consent MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss MOTION for Summary Judgment, 11 Cross MOTION for Summary Judgment by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/19/2012)
2012-04-20		MINUTE ORDER granting 14 Consent Motion for Extension of Time. The Court ORDERS that the Scheduling Order governing this case is modified as follows: 1) Defendant shall file its Opposition to Plaintiffs Cross Motion for Summary Judgment and its Reply to Plaintiffs Opposition to Defendants Motion for Summary Judgment on or before April 24, 2012; and 2) Plaintiff shall file her Reply to Defendants Opposition to Plaintiffs Cross Motion for Summary Judgment on or before May 13, 2012. Signed by Judge James E. Boasberg on 4/20/12. (lcjeb4) (Entered: 04/20/2012)
2012-04-20		Set/Reset Deadlines: Defendant shall file its Opposition to Plaintiffs Cross Motion for Summary Judgment and its Reply to Plaintiffs Opposition to Defendants Motion for Summary Judgment on or before 4/24/2012; Plaintiff shall file her Reply to Defendants Opposition to Plaintiffs Cross Motion for Summary Judgment on or before 5/13/2012. (ad) (Entered: 04/20/2012)
2012-04-24	15	REPLY to opposition to motion re 10 MOTION to Dismiss MOTION for Summary Judgment filed by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Whitaker, Claire) (Entered: 04/24/2012)
2012-04-24	16	Memorandum in opposition to re 11 Cross MOTION for Summary Judgment filed by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Attachments: # 1 Statement of Facts)(Whitaker, Claire) (Entered: 04/24/2012)
2012-05-09	17	REPLY to opposition to motion re 11 Cross MOTION for Summary Judgment filed by LEAH M. NICHOLLS. (Wolfman, Brian) (Entered: 05/09/2012)
2012-05-29	18	ORDER denying Defendant's 10 Motion for Summary Judgment and granting in part and denying in part Plaintiff's 11 Cross Motion for Summary Judgment. Defendant shall search for responsive documents possessed by the Federal Investigative Services and Defendant shall produce non-exempt records relating to reconsiderations of decisions of termination, denial of employment, or withdrawal of an employment offer pursuant to 5 U.S.C. § 3328. Signed by Judge James E. Boasberg on 5/29/12. (lcjeb4) (Entered: 05/29/2012)
2012-05-29	19	MEMORANDUM OPINION to 18 Order. Signed by Judge James E. Boasberg on 5/29/12. (lcjeb4) (Entered: 05/29/2012)
2012-05-29	20	MOTION for Attorney Fees and Costs by LEAH M. NICHOLLS (Wolfman, Brian) (Entered: 05/29/2012)
2012-06-18	21	Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Attorney's Fees by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/18/2012)
2012-06-19		MINUTE ORDER: Defendant's 21 Unopposed Motion for Extension of Time to File it's Opposition to Plaintiff's Motion for Attorney's Fees is hereby GRANTED. Defendant's Opposition shall be filed on or before June 26, 2012. Signed by Judge James E. Boasberg on 6/19/12. (lcjeb4) (Entered: 06/19/2012)
2012-06-20		Set/Reset Deadline: Defendant's Opposition shall be filed on or before 6/26/2012. (ad) (Entered: 06/20/2012)
2012-06-25	22	Unopposed MOTION for Extension of Time to file Opposition to Motion for Attorney's Fees to 8/1/12 by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/25/2012)
2012-06-25		MINUTE ORDER: granting 22 Defendant's Unopposed Motion to Extend the due date for Defendant's Opposition to Plaintiff's Motion for Attorney's Fees is hereby GRANTED. Defendant shall file its Opposition on or before August 1, 2012. Signed by Judge James E. Boasberg on 6/25/12. (lcjeb4) (Entered: 06/25/2012)
2012-06-26		Set/Reset Deadline: Defendant shall file its Opposition on or before 8/01/2012. (ad) (Entered: 06/26/2012)
2012-06-29	23	Amended MOTION for Attorney Fees and Costs by LEAH M. NICHOLLS (Wolfman, Brian) (Entered: 06/29/2012)
2012-08-01	24	STIPULATION (Stipulation of Settlement of Attorney's Fees) by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Whitaker, Claire) (Entered: 08/01/2012)
2012-08-02		MINUTE ORDER: Per the Parties' 24 Stipulation, the Court ORDERS that this case is DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 8/2/12. (lcjeb4) (Entered: 08/02/2012)
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