Case Detail

FOIA Project Annotation: The court ruled that the EEOC properly withheld its rationale for deciding not to pursue Joseph Kennedy's employment discrimination complaint under Exemption 5 (privileges). Kennedy had filed a complaint with the EEOC against his employer, Stericycle. The agency informed Stericycle of Kennedy's complaint, but did not require the company to take any action. The agency ultimately found Kennedy had filed his complaint too late. Kennedy then requested records concerning his complaint. The agency withheld information concerning the investigator's rationale for recommending that Kennedy's complaint be closed. Upholding the agency's decision, the court noted that "the Investigator's initial assessment of Mr. Kennedy's Charge of Discrimination and the EEOC codes that convey that assessment to the Investigator's supervisor are undisputedly related to the process by which the EEOC reached a final decision on how Mr. Kennedy's Charge of Discrimination should be resolved. This type of information is precisely the type of deliberative information that Exemption 5 covers. . ."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2014-03-11	1	COMPLAINT against UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, filed by JOSEPH ROBERT KENNEDY. (No fee paid with this filing) (Attachments: # 1 Exhibit A Charge of Discrimination, # 2 Exhibit B Dismissal and Notice of Rights, # 3 Exhibit C letter received 12/09/2013, # 4 Exhibit D FOIA copy, # 5 Exhibit E letter of appeal, # 6 Exhibit F letter dated 02/12/2014, # 7 Exhibit G Notice of Charge of Discrimination)(DJH) (Entered: 03/12/2014)
2014-03-11	2	MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JOSEPH ROBERT KENNEDY. (DJH) (Entered: 03/12/2014)
2014-03-11	3	MOTION Requesting Service of Process by the Court filed by Plaintiff JOSEPH ROBERT KENNEDY. (DJH) (Entered: 03/12/2014)
2014-03-11	4	MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 03/12/2014)
2014-03-14	5	ENTRY Granting In Forma Pauperis Status and Directing Issuance of Process: The plaintiff's motion to proceed in forma pauperis [dkt. 2] is granted. The plaintiff's motion requesting assistance with service of process [dkt. 3] is granted. The clerk shall issue process, consisting of a summons, which the Marshal for this District or his Deputy shall serve, together with a copy of the complaint and the attachments thereto, and a copy of this Entry, on the defendant and on the officials designated pursuant to Fed. R. Civ. P. 4(i))(2), at the expense of the United States. Copy to Plaintiff via US Mail. Copy to USMS. Signed by Judge Jane Magnus-Stinson on 3/14/2014. (SWM) (Entered: 03/17/2014)
2014-03-17	6	Summons Issued as to USA - UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (SWM) (Entered: 03/17/2014)
2014-03-31	7	RETURN of USM Service UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION c/o US Attorney, Indianapolis, IN served on 3/26/2014. (DW) (Entered: 04/01/2014)
2014-04-24	8	NOTICE of Appearance by Shelese M. Woods on behalf of Defendant UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Woods, Shelese) (Entered: 04/24/2014)
2014-04-24	9	MOTION for Extension of Time to 30 days , filed by Defendant UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 04/24/2014)
2014-04-25	10	ORDER granting Defendant's 9 Motion for Extension of Time to File response to Plaintiff's Brief to 5/27/2014. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 4/25/2014. (SWM) (Entered: 04/25/2014)
2014-05-06	11	RETURN of USM Service UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION c/o US Attorney General, Washington DC served by CMRRR on 4/1/2014. (DW) (Entered: 05/07/2014)
2014-05-06	12	RETURN of USM Service UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION served by CMRRR on 3/31/2014. (DW) (Entered: 05/07/2014)
2014-05-08	13	RESPONSE in Opposition to 9 Defendant's Motion for Extension of Time, filed by Plaintiff JOSEPH ROBERT KENNEDY. (JKS) (Entered: 05/09/2014)
2014-05-21	14	ANSWER to 1 Complaint , filed by UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(Woods, Shelese) (Entered: 05/21/2014)
2014-05-22	15	SCHEDULING ORDER- Initial Pretrial Conference set for 6/18/2014 11:00 AM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 5/22/2014 (dist made)(CBU) (Entered: 05/23/2014)
2014-05-27	16	WITHDRAWN PER DKT. 25 MOTION for Stay of Discovery and for Entry of Proposed Briefing Schedule , filed by Defendant UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) Modified on 5/28/2014 (JKS). Modified on 6/20/2014 (NLR). (Entered: 05/27/2014)
2014-05-28	17	NOTICE of Change of Address for JOSEPH ROBERT KENNEDY. (JKS) (Entered: 05/28/2014)
2014-05-28	18	RESPONSE to Answer, filed by Plaintiff JOSEPH ROBERT KENNEDY. (SWM) (Entered: 05/29/2014)
2014-05-28	19	RESPONSE in Opposition re 16 MOTION for Stay of Discovery and Entry Proceedings, filed by Plaintiff JOSEPH ROBERT KENNEDY. (SWM) (Entered: 05/29/2014)
2014-05-28	20	MOTION for Summary Judgment, filed by Plaintiff JOSEPH ROBERT KENNEDY. (DW) (Entered: 05/29/2014)
2014-05-29	21	SCHEDULING ORDER- Motion Hearing (on motion for stay discovery) set for 6/18/2014 11:00 AM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 5/29/2014.(CBU) Modified on 6/2/2014 (CBU) (dist made) (Entered: 06/02/2014)
2014-06-20	22	Cross MOTION for Summary Judgment , filed by Defendant UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # (1) Exhibit 1, Smith Decl., # (2) Exhibit 2, Garner Decl., # (3) Exhibit 3, EEOC Charge, # (4) Exhibit 4, Notice of Charge, # (5) Exhibit 5, Dismissal and Notice of Rights)(Woods, Shelese) Modified on 6/24/2014 (CBU)***Exhibits 2 and 3 are under seal until further order) (Entered: 06/20/2014)
2014-06-20	23	BRIEF/MEMORANDUM in Support re 20 MOTION for Summary Judgment, 22 Cross MOTION for Summary Judgment , filed by Defendant UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Woods, Shelese) (Entered: 06/20/2014)
2014-06-20	24	NOTICE to Pro Se Litigant , filed by Defendant UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Woods, Shelese) (Entered: 06/20/2014)
2014-06-20	25	MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: On 6/18/2014 Plaintiff appeared pro se and Defendant appeared by counsel for a hearing on the EEOC's motion to stay discovery and enter a briefing schedule. [Dkt. 16.] Subsequent to the filing of that motion, the pro se Plaintiff filed a motion for summary judgment. [Dkt. 20.] As a result, the EEOC moved to withdraw its motion to stay discovery, which the Court will Grant. The clerk is directed to show Dkt. 16 as withdrawn. A case schedule will be issued after a ruling on the Motion For Summary Judgment. Signed by Magistrate Judge Mark J. Dinsmore. (mailed to plaintiff) (NLR) (Entered: 06/20/2014)
2014-06-23	26	MOTION to Seal Document 22 Cross MOTION for Summary Judgment , filed by Defendant UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Woods, Shelese) (Entered: 06/23/2014)
2014-06-23	27	REDACTION to 22 Cross MOTION for Summary Judgment Ex. 2, Garner Declaration by UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Woods, Shelese) (Entered: 06/23/2014)
2014-06-23	28	REDACTION to 22 Cross MOTION for Summary Judgment Ex. 3, Kennedy Charge of Discriminiation by UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Woods, Shelese) (Entered: 06/23/2014)
2014-06-24	29	ORDER granting 26 Motion to Seal exhibits 2 and 3 to its motion for summary judgment are placed under seal until further order of this Court. Signed by Magistrate Judge Mark J. Dinsmore on 6/24/2014 (dist made) (CBU) (Entered: 06/24/2014)
2014-07-07	30	ENTRY SETTING FORTH BRIEFING SCHEDULE: The parties have submitted cross-motions for summary judgment. It is the Court's preference that such motions proceed on a four brief schedule as opposed to a six brief schedule. Accordingly, it is ORDERED that Plaintiff shall file a combined Reply Brief in Support of Summary Judgment and a Response to Defendant's Motion for Summary Judgment (combined pleading) by July 21, 2014. Defendant shall file any reply brief in support of their Motion for Summary Judgment within 14 days after the filing of the combined response/reply brief. Signed by Judge Jane Magnus-Stinson on 7/7/2014. Copy sent via US Mail.(DW) (Entered: 07/07/2014)
2014-07-17	31	REPLY in Support of Motion re Plaintiff's 20 MOTION for Summary Judgment, filed by Plaintiff JOSEPH ROBERT KENNEDY. No c/s. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ADH) (Entered: 07/18/2014)
2014-07-30	32	REPLY in Support of Motion re 22 Cross MOTION for Summary Judgment and In Opposition to Plaintiff's Motion for Summary Judgment , filed by Defendant UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Woods, Shelese) (Entered: 07/30/2014)
2014-09-29	33	ORDER: Mr. Kennedy's Motion for Summary Judgment is DENIED, [Filing No. 20]. The EEOC's Cross Motion for Summary Judgment is GRANTED, [Filing No. 22]. Final Judgment shall issue accordingly. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/29/2014. (SWM) (Entered: 09/30/2014)
2014-09-29	34	CLOSED FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58: Consistent with the Court's Order entered this date, the Court now enters FINAL JUDGMENT in this matter in favor of Defendant such that Plaintiff shall take nothing by way of the Complaint. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/29/2014.(SWM) (Entered: 09/30/2014)
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