Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Department of Veterans Affairs properly withheld records concerning a complaint sent to the agency from an implant center complaining of the company's business practices in response to a FOIA request from Perioperative Services and Logistics under Exemption 6 (invasion of privacy). In response to the company's FOIA request, the VA located two responsive pages but told Perioperative Services that it would withhold the records under Exemption 5 (privileges). Perioperative Services filed an administrative appeal, which was upheld by the agency. However, in its appeals decision, the agency indicated that the records would be withheld under Exemption 6 rather than Exemption 5. Perioperative Services then filed suit. Berman Jackson agreed with the agency that Exemption 6 applied to protect the records. She noted that "the privacy interest here is clear, plaintiff specifically asked to be informed of the identity of the third party that filed a complaint with a federal agency. Other courts in this district have held that these complainants have a substantial privacy interest in their identity. This can be true 'even where such identifying information is otherwise available from public records,' and it is certainly true in this instance, where the complainant has never been publicly identified, and the plaintiff has been vociferous about its interest in 'unmasking' the source of the complaint." Perioperative Services argued that it had been harmed by the alleged allegations. But Berman Jackson observed that "advancing a personal vendetta is not a purpose FOIA was designed to serve."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2020-01-14	1	COMPLAINT against U.S. DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number ADCDC-6730451) filed by PERIOPERATIVE SERVICES AND LOGISTICS, LLC. (Attachments: # 1 Exhibit Exh. 1, # 2 Exhibit Exh. 2, # 3 Exhibit Exh. 3, # 4 Exhibit Exh. 4, # 5 Errata Exh. 5, # 6 Civil Cover Sheet, # 7 Summons The Honorable Jessi K. Liu, # 8 Summons The Honorable William Barr, # 9 Summons The Honorable Robert L. Wilkie)(Tolchin, Edward) (Entered: 01/14/2020)
2020-01-15		Case assigned to Judge Amy Berman Jackson. (zmc) (Entered: 01/15/2020)
2020-01-15	2	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 01/15/2020)
2020-01-29	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/27/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/26/2020. (Tolchin, Edward) (Entered: 01/29/2020)
2020-01-29	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF VETERANS AFFAIRS served on 1/27/2020 (Tolchin, Edward) (Entered: 01/29/2020)
2020-02-07	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/27/2020. (Tolchin, Edward) (Entered: 02/07/2020)
2020-02-26	6	NOTICE of Appearance by Brenda A. Gonzalez on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS (Gonzalez, Brenda) (Entered: 02/26/2020)
2020-02-26	7	ANSWER to Complaint by U.S. DEPARTMENT OF VETERANS AFFAIRS.(Gonzalez, Brenda) (Entered: 02/26/2020)
2020-02-27	8	ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before March 27, 2020. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/27/2020. (lcabj2) (Entered: 02/27/2020)
2020-03-24	9	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Gonzalez, Brenda) (Entered: 03/24/2020)
2020-03-24		MINUTE ORDER granting 9 Motion for Extension of Time. Defendant must file its dispositive motion by May 11, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/24/2020. (lcabj2) (Entered: 03/24/2020)
2020-05-11	10	MOTION for Leave to File Declaration of Brian Tierney in Support of Defendant's Motion for Summary Judgment for Ex Parte, In Camera Review by U.S. DEPARTMENT OF VETERANS AFFAIRS (Gonzalez, Brenda) (Entered: 05/11/2020)
2020-05-11	11	MOTION for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of M. Renee Baxter)(Gonzalez, Brenda) (Entered: 05/11/2020)
2020-05-13		MINUTE ORDER granting 10 Defendant's Motion for Leave to Provide Declaration for Ex Parte, In Camera Review. "The receipt of in camera affidavits...when necessary, [is] 'part of a trial judge's procedural arsenal.'" Arieff v. U.S. Dep't of Navy, 712 F.2d 1462, 1469 (D.C. Cir. 1983), quoting United States v. Southard, 700 F.2d 1, 11 (1st Cir. 1983). This ruling is without prejudice to possible reconsideration or further briefing after the Court has received and reviewed what it is that the defendant seeks to file. See Lykins v. U.S. Dep't of Justice, 725 F.2d 1455, 1465 (D.C. Cir. 1984) (stating that a court considering litigation materials filed in camera "should be certain to make the public record as complete as possible"). Signed by Judge Amy Berman Jackson on 5/13/20. (DMK) (Entered: 05/13/2020)
2020-05-14	12	NOTICE of In Camera Submission by U.S. DEPARTMENT OF VETERANS AFFAIRS (Gonzalez, Brenda) (Entered: 05/14/2020)
2020-05-26	13	MOTION for Reconsideration re 12 Notice (Other) by PERIOPERATIVE SERVICES AND LOGISTICS, LLC (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Text of Proposed Order)(Tolchin, Edward) (Entered: 05/26/2020)
2020-05-26	14	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by PERIOPERATIVE SERVICES AND LOGISTICS, LLC. (Tolchin, Edward) (Entered: 05/26/2020)
2020-05-27		MINUTE ORDER. No further briefing is required on plaintiff's 13 motion for reconsideration of order sealing declaration of Brian Tierney; the Court will consider the need for a seal once it has reviewed the document. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/27/2020. (lcabj2) (Entered: 05/27/2020)
2020-05-29	15	NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS (Tilghman, Michael) (Entered: 05/29/2020)
2020-05-29	16	MOTION for Extension of Time to Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 05/29/2020)
2020-06-01	17	NOTICE that Plaintiff Does Not Oppose the Relief Requested in Defendant's Motion for Extension of Time by U.S. DEPARTMENT OF VETERANS AFFAIRS re 16 MOTION for Extension of Time to Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment (Tilghman, Michael) (Entered: 06/01/2020)
2020-06-02		MINUTE ORDER granting 16 Motion for Extension of Time. Defendant must file its reply in support of its motion for summary judgment 11 by June 16, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/2/2020. (lcabj2) (Entered: 06/02/2020)
2020-06-16	18	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Declaration of Bruce McIntosh, # 2 Declaration of Ricky L. Lemmon)(Tilghman, Michael) (Entered: 06/16/2020)
2020-09-23	19	NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF VETERANS AFFAIRS. Attorney Brenda A Gonzalez terminated. (Gonzalez, Brenda) (Entered: 09/23/2020)
2021-09-15		MINUTE ORDER. Defendant is ORDERED to file the declaration that was submitted for in camera review on the docket. This filing must be EX PARTE and SEALED and must be filed by September 20, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/15/2021. (lcabj1) (Entered: 09/15/2021)
2021-09-30	21	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/30/2021. (lcabj1) (Entered: 09/30/2021)
2021-09-30	22	ORDER. For the reasons stated in the accompanying Memorandum Opinion, defendant's motion for summary judgment 11 is GRANTED and plaintiff's motion for reconsideration 13 is DENIED. Signed by Judge Amy Berman Jackson on 9/30/2021. (lcabj1) (Entered: 09/30/2021)
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