Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the Department of Energy conducted an adequate search and properly withheld records under Exemption 5 (privileges) and Exemption 6 (invasion privacy) in response to a request from Clarence Baldwin. Baldwin worked as a loan specialist for the Department of Energy from February 2017 until his termination during his probationary period in January 2018. Baldwin submitted a FOIA request for email exchanges he had with seven named employees. The agency searched the Loan Programs Office and the Office of the Chief Human Capital Officer, after concluding those were the two offices most likely to have responsive records. Those searches yielded 39 documents from LPO and six documents from the HC staff. The agency disclosed responsive in three batches. Its first disclosure consisted of 13 documents containing 63 pages, which were disclosed in their entirety. The second batch consisted of six documents containing 23 pages, which were also disclosed in their entirety. However, the third batch consisted of 25 responsive documents, of which the agency disclosed seven in their entirety, withholding the remaining 18 documents under Exemption 5 and Exemption 6. Sullivan found the agency had properly withheld records under Exemption 5, citing the deliberative process privilege and the attorney-client privilege. As to the agency's attorney-client privilege claim, Sullivan noted that "the declarant explains that DOE employees sought legal advice which outside counsel provided 'regarding withdrawal of funds under a loan agreement.' If such information were released, the declarant states, DOE staff would be deprived 'of the benefit of confidential advice. . .in legal matters and agency decision-making which would have a chilling effect' on their ability to discuss matters frankly and openly with outside legal counsel." The agency withheld mobile phone numbers and conference call numbers from email chains under Exemption 6. Agreeing with the agency that the numbers potentially qualified for protection, Sullivan pointed out that "in the face of individuals' privacy interest, plaintiff has identified no public interest in disclosure, and the Court finds that no public interest is readily apparent. Accordingly, the Court concludes that DOE properly withheld the mobile telephone number and conference call number from the email chains described in the Vaughn index."
Issues: Adequacy - Search, Exemption 5 - Privileges, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2018-08-09		Initiating Pleading & IFP Application Received on 08/09/2018. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 08/09/2018)
2018-08-09	1	COMPLAINT against U.S. DEPARTMENT OF ENERGY filed by CLARENCE E. BALDWIN. (Attachment: # 1 Exhibit) (zsb) (Entered: 08/09/2018)
2018-08-09	2	MOTION for Leave to Proceed in forma pauperis by CLARENCE E. BALDWIN (zsb) (Entered: 08/09/2018)
2018-08-21	3	ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED". Signed by Judge Rudolph Contreras on 8/17/18. (zsth) (Entered: 08/23/2018)
2018-08-21		Case Reassigned to Judge Emmet G. Sullivan. Unassigned is no longer assigned to the case. (zsth) (Entered: 08/23/2018)
2018-08-24	4	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/24/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/24/2018)
2018-10-22	5	Civil Statement from Plaintiff. (Attachments: # 1 Exhibit)(jf) (Entered: 10/24/2018)
2018-10-25		MINUTE ORDER. The Court received 5 plaintiff's "statement of material facts as to which there is no genuine issue," which is a filing that accompanies a motion for summary judgment. See 4 Standing Order. It does not appear that the Department of Energy has been served. The plaintiff is directed to serve the defendant and allow the defendant to respond before filing a dispositive motion. Serving the United States requires that a party (1) "deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought--or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk--or send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office," Fed. R. Civ. P. 4(i)(1)(A)(i), (ii), and (2) "send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C." Fed. R. Civ. P. 4(i)(1)(B). "To serve a United States agency... a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency." Fed. R. Civ. P. 4(i)(2). A plaintiff must serve a defendant within 90 days after the complaint is filed. Fed. R. Civ. P. 4(m). The Clerk is directed to send a copy of this Minute Order to Mr. Baldwin's address of record by first-class mail, certified receipt. Signed by Judge Emmet G. Sullivan on 10/25/2018. (lcegs3) (Entered: 10/25/2018)
2018-10-30	6	SUMMONS (3) Issued as to U.S. DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 10/30/2018)
2018-10-31		MINUTE ORDER. The Court hereby VACATES its October 25, 2018 Order directing the plaintiff to serve the defendant. Because the Court granted Mr. Baldwin's motion to proceed in forma pauperis, the United States Marshal serves the defendant on the plaintiff's behalf. That notwithstanding, it is premature for Mr. Baldwin to file a "statement of material facts as to which there is no genuine issue" at this time, as the defendant has not yet been served. The Clerk is directed to send a copy of this Minute Order to Mr. Baldwin's address of record by first-class mail, certified receipt. Signed by Judge Emmet G. Sullivan on 10/31/2018. (lcegs3) (Entered: 10/31/2018)
2018-10-31	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/2018. (jf) (Main Document 7 replaced on 11/13/2018) (zjf). Modified date of service on 11/13/2018 (znmw). (Entered: 11/01/2018)
2018-11-01	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 10/31/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/30/2018.) (jf) (Entered: 11/05/2018)
2018-11-21	9	NOTICE of Appearance by Wyneva Johnson on behalf of All Defendants (Johnson, Wyneva) (Entered: 11/21/2018)
2018-11-30	10	ANSWER to Complaint by U.S. DEPARTMENT OF ENERGY.(Johnson, Wyneva) (Entered: 11/30/2018)
2018-12-06	11	ORDER directing the parties, by January 7, 2019, to meet, confer, and to propose a scheduling order fur further proceedings in this case. Signed by Judge Emmet G. Sullivan on 12/6/18. (ms) (Entered: 12/06/2018)
2018-12-06		Set/Reset Deadlines: Proposed Scheduling Order due by 1/7/2019. (mac) (Entered: 12/06/2018)
2019-01-07	12	Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/07/2019)
2019-01-09		MINUTE ORDER granting 12 unopposed motion to stay in light of lapse of appropriations. Defendant is directed to notify the Court when appropriations are restored or if a continuing resolution is enacted. Signed by Judge Emmet G. Sullivan on 1/9/2019. (lcegs3) (Entered: 01/09/2019)
2019-02-08	13	NOTICE of Restored Government Funding by U.S. DEPARTMENT OF ENERGY (Johnson, Wyneva) (Entered: 02/08/2019)
2019-02-08		MINUTE ORDER: On consideration of the 13 Notice filed by U.S. DEPARTMENT OF ENERGY, it is hereby ORDERED that the stay entered pursuant to the Court's January 9, 2019 minute order is LIFTED. It is further ORDERED that the parties shall meet, confer, and file a joint proposed scheduling order by March 8, 2019. Signed by Judge Emmet G. Sullivan on 2/8/19. (ms) (Entered: 02/08/2019)
2019-03-07	14	STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Johnson, Wyneva) (Entered: 03/07/2019)
2019-04-22	15	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment on April 26, 2019 by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 04/22/2019)
2019-04-24		MINUTE ORDER: "Before filing any nondispositive motion in a civil action, counsel shall discuss the anticipated motion with opposing [non-incarcerated party appearing pro se] in a good-faith effort to determine whether there is any opposition to the relief sought." Local Civil Rule 7(m). Counsel states that she was "unable" to reach the plaintiff without stating what effort, if any, she made to consult the plaintiff prior to filing the motion. It is hereby ORDERED that Defendant's Motion for an Extension of Time 15 is denied without prejudice. Signed by Judge Emmet G. Sullivan on 4/24/19. (ms) (Entered: 04/24/2019)
2019-04-26	16	NOTICE to Court by U.S. DEPARTMENT OF ENERGY (Johnson, Wyneva) (Entered: 04/26/2019)
2019-04-26	17	MOTION for Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Alexander C. Morris, with Exhibits, # 4 Exhibit A to Morris Decl., # 5 Exhibit B to Morris Decl., # 6 Exhibit C to Morris Decl., # 7 Exhibit D to Morris Decl., # 8 Exhibit E to Morris Decl., # 9 Exhibit F to Morris Decl., # 10 Supplement Vaughn Index, # 11 Text of Proposed Order)(Johnson, Wyneva) (Entered: 04/26/2019)
2019-04-29	18	VACATED PURSUANT TO MINUTE ORDER FILED 6/24/19.....Order advising plaintiff to respond by 5/29/2019 to 17 the MOTION for Summary Judgment filed by U.S. DEPARTMENT OF ENERGY. Signed by Judge Emmet G. Sullivan on 4/29/19. (ms) Modified on 6/27/2019 (znmw). (Entered: 04/29/2019)
2019-04-29		Set/Reset Deadlines: Plaintiff Response To 17 Motion For Summary Judgment due by 5/29/2019. (mac) (Entered: 04/29/2019)
2019-06-20	19	NOTICE of Amended Service by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Supplement ECF 17)(Johnson, Wyneva) (Entered: 06/20/2019)
2019-06-24	20	Order vacating 18 Fox/Neal Order and advising plaintiff to respond by 7/26/2019 to 17 Defendant's Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 6/24/19. (ms) (Entered: 06/24/2019)
2019-06-24		Set/Reset Deadlines: Plaintiff Response to 17 Defendant's Motion For Summary Judgment due by 7/26/2019. (mac) (Entered: 06/24/2019)
2019-06-24		Set/Reset Deadlines: Plaintiff Cross Motion To Defendant's Summary Judgment due by 7/26/2019. (mac) (Entered: 06/24/2019)
2019-08-01	21	NOTICE OF SUBSTITUTION OF COUNSEL by Paul A. Mussenden on behalf of U.S. DEPARTMENT OF ENERGY Substituting for attorney Wyneva Johnson (Mussenden, Paul) (Entered: 08/01/2019)
2019-08-29		MINUTE ORDER: It is hereby ORDERED that the deadline for plaintiff's response to 17 Defendant's Motion for Summary Judgment is extended to September 24, 2019. All other provisions of the Court's June 24, 2019 Order 20 remain in effect. Signed by Judge Emmet G. Sullivan on 8/29/19. (ms) (Entered: 08/29/2019)
2019-08-29		Set/Reset Deadlines: Plaintiff's Response to 17 Defendant's Motion for Summary Judgment due by 9/24/2019. (mac) (Entered: 08/29/2019)
2020-01-23	22	MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 1/23/20. (ms) (Entered: 01/23/2020)
2020-01-23	23	ORDER granting 17 Defendant's Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Emmet G. Sullivan on 1/23/20. (ms) (Entered: 01/23/2020)
2020-01-23		Set/Reset Deadlines: Petitioner To Inform The Court due by 1/27/2020. (mac) (Entered: 01/23/2020)
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