Case Detail

FOIA Project Annotation: A federal court in North Carolina has ruled that personally-identifying information in records about Social Security disability adjudications are protected by Exemption 6 (invasion of privacy). Clarence McGuffin requested information about productivity rates of disability adjudicators. The agency responded to his request, but withheld identifying information in productivity reports of individual adjudicators that included the employee's name, the employee's available hours to write decisions, the percentage of time worked on decisions, and the learning curve that applies to each employee. The court first found that the data qualified as "similar files" under Exemption 6. The court noted that 'the productivity reports of individual decision writers from which the information was redacted contains the names of individual employees as well as information about their personal on-the-job productivity. The reports comfortably fit the definition of 'similar files.'" The court pointed out that "federal employees have a 'substantial' privacy interest in employee evaluations, because 'disclosure of even favorable information may well embarrass an individual or incite jealousy in his or her co-workers.'" McGuffin argued that there was a public interest in knowing about the productivity of disability adjudicators because Congress had shown an interest in the issue. Rejecting McGuffin's claim, the court observed that "although that interest may well be a public one, McGuffin has cited nothing suggesting how the information redacted from the individual-level productivity reports 'would produce any relevant information that is not set forth in the documents that have already been produced.' For example, McGuffin does not show how the individual-level productivity reports further this interest in a way office-level reports do not."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2016-10-07	1	COMPLAINT against Social Security Administration ( Filing fee $ 400 receipt number 0417-3855525.), filed by Clarence Andrew McGuffin. (Attachments: # 1 Civil Cover Sheet Completed JS-44 Civil Cover Sheet, # 2 Exhibit EFOIA Request Case AQ2261 - June 15 2016, # 3 Exhibit SSA OIG Report A-02-09-19068, # 4 Exhibit Astrue Testimony -- Senate Finance Committee - May 23 2007, # 5 Exhibit SSA OIG Report A-12-15-15005, # 6 Exhibit Astrue Testimony House Ways & Means June 27 2012, # 7 Exhibit FCIP Chairwoman Jacksteit Order & Decision, # 8 Exhibit Plaintiff's Email Correspondence (FOIA) with Defendant) (McGuffin, Clarence) (Entered: 10/07/2016)
2016-10-12	2	Notice filed by Clarence Andrew McGuffin regarding 1 Complaint,, Proposed Summons . (McGuffin, Clarence) (Entered: 10/12/2016)
2016-10-12		NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Clarence Andrew McGuffin. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Briggeman, N.) (Entered: 10/12/2016)
2016-10-12	3	Summons Issued as to Social Security Administration, U.S. Attorney and U.S. Attorney General. Plaintiff is reminded to print summons and effect service. (Briggeman, N.) (Entered: 10/12/2016)
2016-10-14	4	Financial Disclosure Statement by Clarence Andrew McGuffin (McGuffin, Clarence) (Entered: 10/14/2016)
2016-11-10	5	MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Social Security Administration. (Attachments: # 1 Exhibit A - Declaration of Mary Ann Zimmerman, # 2 Text of Proposed Order) (Ramirez, Roberto) (Entered: 11/10/2016)
2016-11-10	6	Notice of Appearance filed by Roberto F. Ramirez on behalf of Social Security Administration. (Ramirez, Roberto) (Entered: 11/10/2016)
2016-11-14		Motion Referred to Julie Richards Johnston, Clerk of Court regarding: 5 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Briggeman, N.) (Entered: 11/14/2016)
2016-11-14	7	ORDER granting 5 Motion for Extension of Time to Answer Social Security Administration answer due 12/14/2016. Signed by Julie Richards Johnston, Clerk of Court on 11/14/2016. (Briggeman, N.) (Entered: 11/14/2016)
2016-12-14	8	Second MOTION for Extension of Time to File Response/Reply as to 1 Complaint,, up to and including December 28, 2016 filed by Social Security Administration. (Attachments: # 1 Text of Proposed Order) (Ramirez, Roberto) (Entered: 12/14/2016)
2016-12-14	9	Memorandum in Opposition filed by Clarence Andrew McGuffin. (Attachments: # 1 Exhibit Emails to Defense Counsel, # 2 Exhibit Attorney General Memorandum 2009, # 3 Text of Proposed Order Proposed Order Denying Motion for Enlargement of Time) (McGuffin, Clarence) (Entered: 12/14/2016)
2016-12-15		Motion Submitted to Chief Judge James C. Dever III: regarding 8 Second MOTION for Extension of Time to File Response/Reply as to 1 Complaint, up to and including December 28, 2016 . (Briggeman, N.) (Entered: 12/15/2016)
2016-12-22	10	MOTION to Dismiss for Lack of Jurisdiction Alternative, , MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) (Entered: 12/22/2016)
2016-12-22	11	Memorandum in Support regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) (Entered: 12/22/2016)
2016-12-22	12	Statement of Material Facts regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) (Entered: 12/22/2016)
2016-12-22	13	DISREGARD. Re-filed at 15 . Appendix to the Statement of Facts regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) Modified on 12/27/2016 (Briggeman, N.). (Entered: 12/22/2016)
2016-12-22	14	Roseboro Letter - Right to Respond regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment sent to Clarence Andrew McGuffin at 216 Brandon Court Raleigh, NC 27609 via US Mail. Response due by 1/12/2017. (Briggeman, N.) (Entered: 12/22/2016)
2016-12-27	15	Appendix to the Statement of Facts regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment (REFILED) filed by Social Security Administration. (Attachments: # 1 Exhibit 1 - Complaint for Injunctive Relief filed October 7, 2016, # 2 Exhibit 2 - Declaration of Mary Ann Zimmerman dated December 9, 2016, # 3 Exhibit 3 - Response Letter from Social Security Administration dated November 23, 2016, # 4 Exhibit 4 - Response Letter from Social Security Administration dated November 7, 2016, # 5 Exhibit 5 - Sample Decision Writer Reports for the Charlotte Office) (Ramirez, Roberto) (Entered: 12/27/2016)
2016-12-28	16	ORDER granting 8 Motion for Extension of Time to File Response. Defendant's motion for an extension of time to allow her response to plaintiffs complaint is GRANTED and defendant's motion to dismiss is deemed timely filed. Signed by Chief Judge James C. Dever III on 12/28/2016. (Briggeman, N.) (Entered: 12/28/2016)
2017-01-18		Motion Submitted to Chief Judge James C. Dever III: regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment. (Briggeman, N.) (Entered: 01/18/2017)
2017-01-23	17	DISREGARD. Plaintiff has correctly re-filed at 18 . RESPONSE in Opposition regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Clarence Andrew McGuffin. (McGuffin, Clarence) Modified on 1/27/2017 (Briggeman, N.). (Entered: 01/23/2017)
2017-01-23		NOTICE OF DEFICIENCY regarding: 17 Response in Opposition to Motion. Exhibits should be filed as attachments to the main document. Pursuant to Section (L)(2) of the CM/ECF Policy Manual, attachments and exhibits must be identified with a clear and complete description of the document. Further, when filing a document with more than five (5) attachments, the first attached document must be an index of all subsequently attached documents. Plaintiff is directed to re-file the Response with each exhibit filed as separate attachments and properly identified. (Briggeman, N.) (Entered: 01/23/2017)
2017-01-27	18	Memorandum in Opposition regarding 10 Defendant's Motion to Dismiss filed by Clarence Andrew McGuffin. (Attachments: # 1 Index, # 2 Exhibit 1 - NTEU Letter, # 3 Exhibit 2 - AFGE Arbitration Settlement, # 4 Exhibit 3 - Union K Sidebar, # 5 Exhibit 4 - FLRA Opinion & Decision, # 6 Exhibit 5 - Thompson Deposition Testimony, # 7 Exhibit 6 - Strong Deposition Testimony, # 8 Exhibit 7 - DOJ FOIA Guide Exemption 6, # 9 Exhibit 8 - Presidential Memo & AG FOIA Policy, # 10 Exhibit SSA OIG Report on DW Initiatives) (McGuffin, Clarence) Modified on 1/27/2017 - added document relationship to 10 . (Briggeman, N.) (Entered: 01/27/2017)
2017-02-10	19	REPLY to Response to Motion regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) (Entered: 02/10/2017)
2017-03-06		Motion Submitted to Chief Judge James C. Dever III: regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment. (Briggeman, N.) (Entered: 03/06/2017)
2017-07-18	20	ORDER granting 10 Motion for Summary Judgment. Signed by Chief Judge James C. Dever III on 7/17/2017. (Briggeman, N.) (Entered: 07/18/2017)
2017-07-18	21	JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the SSA properly withheld theredacted information under FOIA's Exemption 6. Accordingly, the court GRANTS the SSA's motion for summary judgment [D.E. 10]. Signed by Peter A. Moore, Jr., Clerk of Court on 7/18/2017. (Briggeman, N.) (Entered: 07/18/2017)
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