Case Detail

FOIA Project Annotation: A federal magistrate judge in Oregon has ruled that emails sent from the work computer of an Army Corps of Engineers employee to his fiancé are personal records not subject to FOIA. Augustus Fennerty, an FBI employee, divorced his wife Erin in 2010. In 2011, she began dating Erik Peterson, an Army Corps of Engineers employee, and the two were married later that year. Peterson, concerned that several of his interactions with Augustus Fennerty were threatening, talked to an attorney at his office and shared the emails with him. The attorney helped Peterson prepare a memorandum about Fennerty's behavior and a complaint was filed with the FBI. During a custody dispute, Fennerty learned of emails sent by Peterson to Erin Fennerty using his work computer. Fennerty made a FOIA request for copies of Peterson's emails. The agency withheld three emails under Exemption 6 (invasion of privacy) and told Finnerty the rest of the emails were personal records and not agency records subject to FOIA. The court agreed with the agency's decision, noting that "the e-mails were personal to Peterson and he intended to maintain control over the records. The e-mails were not intended to be used by the Corps to carry out its business. Nor were the e-mails integrated into official files or records. Although Peterson did not have an expectation of privacy over the e-mails and shared them with other agency employees, such expectations and conduct do not convert the e-mails concerning personal matters into agency records." The court added that "a lack of privacy does not equate to a lack of control. Peterson states that the e-mails and photos have nothing to do with his job or the business of the Corps and that because he is allowed to use Corps' computers for personal e-mails, he intended to retain control. Indeed, Peterson and the other authors of the documents were free to dispose of the documents at any time without violating the Corps' policies."
Issues: Agency Record, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2014-01-09	1	Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3541809 Jury Trial Requested: No. Filed by Augustus IV Fennerty against Augustus IV Fennerty (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Smith, Robert) (Entered: 01/09/2014)
2014-01-10	2	Notice of Case Assignment to Magistrate Judge Thomas M. Coffin and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 5/12/2014. Joint Alternate Dispute Resolution Report is due by 6/9/2014. Pretrial Order is due by 6/9/2014. Ordered by Magistrate Judge Thomas M. Coffin. (Attachments: # 1 Summons Issued) (kf) (Entered: 01/10/2014)
2014-01-10	3	Corrected to add case number on Summons Issued Electronically as to Department of the Army, Corps of Engineers. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (kf) (Entered: 01/10/2014)
2014-01-17	4	Summons Returned Executed. as to All Defendants Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 01/17/2014)
2014-03-18	5	Answer to 1 Complaint, . Filed by Thomas P Bostick, Department of the Army, Department of the Army, Corps of Engineers, John M McHugh. (Simmons, Timothy) (Entered: 03/18/2014)
2014-03-19	6	Scheduling Order by Magistrate Judge Thomas M. Coffin. Rule 16 Conference is set for 4/8/2014 at 10:30AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 03/19/2014)
2014-04-07	7	Notice of Attorney Substitution:Attorney Kevin Danielson is substituted as counsel of record in place of Attorney Timothy W. Simmons Filed by John M McHugh, Thomas P Bostick, Department of the Army, Department of the Army, Corps of Engineers (Danielson, Kevin) (Entered: 04/07/2014)
2014-04-08	8	MINUTES of Proceedings: Telephone Rule 16 Conference. Amended complaint is due by 4/18/2014. Answer to amended complaint is due 14 days after the amended complaint has been filed. Discovery is to be completed by 6/2/2014. Defendants' dispositive motion is due by 7/17/2014. Plaintiff's dispositive motion and response to defendants' dispositive motion is due 21 days after defendants' dispositive motion has been filed. Defendants' response to plaintiff's dispositive motion and reply in support of defendants' dispositive motion is due 21 days after plaintiff's dispositive motion has been filed. Plaintiff's reply in support of its dispositive motion is due 14 days after defendant has filed a response to plaintiff's dispositive motion. Robert Smith present as counsel for plaintiff. Kevin Danielson present as counsel for defendants. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 04/10/2014)
2014-04-18	9	Amended Complaint . Filed by Augustus Fennerty, IV against All Defendants. (Smith, Robert) (Entered: 04/18/2014)
2014-04-24	10	Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (kf) (Entered: 04/24/2014)
2014-05-02	11	Answer to 9 Amended Complaint . Filed by John M McHugh, Thomas P Bostick, Department of the Army, Department of the Army, Corps of Engineers. (Danielson, Kevin) (Entered: 05/02/2014)
2014-07-15	12	Unopposed Motion for Extension of Time . Filed by All Defendants. (Danielson, Kevin) (Entered: 07/15/2014)
2014-07-17	13	ORDER: Granting Motion for Extension of Time 12 . Defendant's Dispositive Motions are due by 7/24/2014. Plaintiff's Dispositive Motions are due by 8/14/2014. All briefing on the motions is ordered to be completed with the schedule set forth by the court's order on 4/8/2014 (ECF No. 8). Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 07/17/2014)
2014-07-24	14	Motion for Summary Judgment . Filed by All Defendants. (Danielson, Kevin) (Entered: 07/24/2014)
2014-07-24	15	Declaration of Jennifer R. RIchman . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 14 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Danielson, Kevin) (Entered: 07/24/2014)
2014-07-24	16	Declaration of Erik Petersen . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 14 .) (Danielson, Kevin) (Entered: 07/24/2014)
2014-08-13	17	Unopposed Motion for Extension of Time to File a Response/Reply and dispositive motion and respond to Motion for Summary Judgment 14 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 08/13/2014)
2014-08-15	18	ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment 14 filed by John M McHugh, Thomas P Bostick, Department of the Army, Corps of Engineers, Department of the Army.Plaintiff's Response to defendants' motion for summary judgment (and responsive motion for summary judgment) is due by 8/28/2014. Defendants' Reply and Plaintiff's response is due by 9/18/2014. Plaintiff's reply is due by 10/2/2014. Motions for summary judgment are taken under advisement as of 10/6/2014. Ordered by Magistrate Judge Thomas M. Coffin. (cw) (Entered: 08/15/2014)
2014-08-28	19	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 14 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 08/28/2014)
2014-08-29	20	ORDER: Granting Motion for Extension of Time to File Response to Motion for Summary Judgment 14 filed by John M McHugh, Thomas P Bostick, Department of the Army, Corps of Engineers, Department of the Army. Plaintiff's dispositive motions and response to defendants' dispositive motion is due by 9/11/2014. Defendants' response to plaintiff's dispositive motion and reply in support of its dispositive motions is due by 10/9/2014. Plaintiff's reply in support of his dispositive motions is due by 10/16/2014. Motion is taken under advisement as of 10/20/2014. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 08/29/2014)
2014-09-10	21	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 14 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 09/10/2014)
2014-09-17	22	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 14 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 09/17/2014)
2014-09-24	23	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 14 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 09/24/2014)
2014-09-29	24	ORDER: Denying as Moot Motions for Extension of Time 21 and 22 . Granting Motion for Extension of Time 23 . Response to Motion for Summary Judgment 14 and plaintiff's motion for summary judgment is due by 10/2/2014. Reply in support of Motion for Summary Judgment 14 and response to plaintiff's motion for summary judgment is due by 10/29/2014. Reply in support of plaintiff's motion for summary judgment is due by 11/5/2014. Motions are taken under advisement as of 11/10/2014. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 09/29/2014)
2014-10-02	25	Motion for Summary Judgment And Response to Defendants' Motion for Summary Judgment . Filed by Augustus Fennerty, IV. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Exhibit) (Smith, Robert) (Entered: 10/02/2014)
2014-10-07	26	Amended Response in Opposition to Motion for Summary Judgment 14 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 10/07/2014)
2014-10-29	27	Unopposed Motion for Extension of Time . Filed by All Defendants. (Danielson, Kevin) (Entered: 10/29/2014)
2014-11-12	28	Reply Defendants' Combined Reply in Support of its Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment to Motion for Summary Judgment 14 . Filed by Thomas P Bostick, Department of the Army, Department of the Army, Corps of Engineers, John M McHugh. (Danielson, Kevin) (Entered: 11/12/2014)
2014-11-26	29	Unopposed Motion for Extension of Time to File a Response/Reply to Response to Motion for Summary Judgment 14 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 11/26/2014)
2014-12-01	30	ORDER: Granting Motion for Extension of Time 27 ; Granting Motion for Extension of Time to File Reply in support of Motion for Summary Judgment And Response to Defendants' Motion for Summary Judgment 25 29 filed by Augustus Fennerty, IV. Reply is due by 12/3/2014. Motions 14 and 25 are taken under advisement as of 12/8/2014. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 12/01/2014)
2014-12-03	31	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 14 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 12/03/2014)
2014-12-04	32	ORDER: Granting Motion for Extension of Time to File Reply in support of Motion for Summary Judgment 25 31 filed by Augustus Fennerty, IV. Reply is due by 12/10/2014. Motions for Summary Judgment 14 and 25 are taken under advisement as of 12/15/2014. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 12/04/2014)
2014-12-10	33	Reply to Defendants' Response to to Motion for Summary Judgment And Response to Defendants' Motion for Summary Judgment 25 . Filed by Augustus Fennerty, IV. (Smith, Robert) (Entered: 12/10/2014)
2015-01-26	34	ORDER: Denying Plaintiff's Motion for Summary Judgment 25 ; Granting Defendants' Motion for Summary Judgment 14 . This action is dismissed. Signed on 1/26/2014 by Magistrate Judge Thomas M. Coffin. (plb) Corrected date filed on 1/27/2015 (plb). (Entered: 01/27/2015)
2015-01-27	35	Judgment. This action is dismissed. Signed on 1/27/2015 by the Clerk. (plb) (Entered: 01/27/2015)
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