Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that OSHA conducted an adequate search for records concerning work-related deaths at four D.C.-area construction companies. Ronald Bonfilio made two FOIA requests for records hoping to expose company wrongdoing. The agency found 11 files that might be responsive to Bonfilio's request. A search of the Baltimore-Washington Area Office located 10 of the files, three of which involved work-related injuries, but none of them involved a death. The agency disclosed 273 pages to Bonfilio with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Dissatisfied, Bonfilio pointed to news reports of the 2012 death of Leroy Cook, who worked for one of the construction companies. The OSHA investigator on that case explained that the company was in compliance with work-safety rules and that the records were thus subject to destruction after three years. Bonfilio filed an administrative appeal, but after the agency failed to respond within the statutory time limit, he filed suit. Bonfilio challenged the agency's search, arguing that since he knew of one death and the agency found no responsive records, its search must be inadequate. Cooper noted that "FOIA does not impose a duty on agencies to keep their records forever. . .[T[he destruction of documents in violation of statute or regulation would be a different story: a requester in that case might well have a remedy under FOIA. But here, the agency's record-retention protocols appear to allow it to destroy records related to workplace-safety investigations once a case has been closed for over three years." Bonfilio also requested discovery, but Cooper found he had not provided any evidence that the agency had acted in bad faith. While Bonfilio had also challenged the agency's redactions under the privacy exemptions in his administrative appeal, since he failed to raise them in his summary judgment motion Cooper found he had forfeited any claim that the exemptions were inappropriate.
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2017-02-14	1	COMPLAINT against OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION filed by RONALD J. BONFILIO. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 02/15/2017)
2017-02-14	2	SUMMONS (3) Issued as to OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION, U.S. Attorney and U.S. Attorney General (td) (Entered: 02/15/2017)
2017-03-02	3	NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 03/02/2017)
2017-03-13	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/27/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/27/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 3/29/2017.) (td) (Entered: 03/13/2017)
2017-03-13	5	AFFIDAVIT of Mailing of Summons and Complaint to Occupational Safety and Health Administration by RONALD J. BONFILIO. (td) (Entered: 03/13/2017)
2017-03-29	6	ANSWER to 1 Complaint by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION.(Rogers, Joshua) (Entered: 03/29/2017)
2017-04-24		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by May 9, 2017. Signed by Judge Christopher R. Cooper on 4/24/2017. (lccrc1) (Entered: 04/24/2017)
2017-04-24		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/9/2017. (lsj) (Entered: 04/24/2017)
2017-04-28	7	MOTION for Order to Strike Plaintiff's Subpoena by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/28/2017)
2017-05-01		MINUTE ORDER granting 7 Motion for Order to Strike Subpoena. Signed by Judge Christopher R. Cooper on 5/1/2017. (lccrc1) (Entered: 05/01/2017)
2017-05-03	8	Joint MOTION to Stay Proceedings by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/03/2017)
2017-05-03	9	NOTICE of Filing Error by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (Rogers, Joshua) (Entered: 05/03/2017)
2017-05-09		MINUTE ORDER granting 8 Motion to Stay: The proceedings in this case are hereby STAYED until June 8, 2017. On that date, the parties shall file a Joint Status Report with the Court. Signed by Judge Christopher R. Cooper on 5/9/2017. (lccrc1) (Entered: 05/09/2017)
2017-05-10		Set/Reset Deadlines: Joint Status Report due by 6/8/2017. (lsj) (Entered: 05/10/2017)
2017-06-08	10	Joint STATUS REPORT by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/08/2017)
2017-06-09		MINUTE ORDER: In light of 10 parties' Joint Status Report, it is hereby ORDERED that the proceedings in this case shall continue to be STAYED until July 25, 2017. On or by that date, the parties shall file a Joint Status Report informing the Court of the status of their discussions and, if necessary, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 6/9/2017. (lccrc2) (Entered: 06/09/2017)
2017-06-09		Set/Reset Deadlines: Joint Status Report due by 7/25/2017. (nbn) (Entered: 06/12/2017)
2017-06-09		Case Stayed. (nbn) (Entered: 06/12/2017)
2017-07-25	11	PROPOSED BRIEFING SCHEDULE by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/25/2017)
2017-07-27		MINUTE ORDER: Upon consideration of the parties' Joint Motion to Modify the Court's Scheduling Order, it is hereby ORDERED that this case shall proceed according to the following deadlines: Defendant's Motion for Summary Judgment shall be filed no later than September 8, 2017; Plaintiff's Opposition to Defendant's Motion for Summary Judgment shall be filed no later than October 8, 2017; Defendant's Reply shall be filed no later than October 23, 2017; and a Joint Appendix shall be filed no later than November 13, 2017. Signed by Judge Christopher R. Cooper on 7/27/2017. (lccrc1) (Entered: 07/27/2017)
2017-09-06	12	Consent MOTION for Extension of Time to File Motion for Summary Judgment by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/06/2017)
2017-09-06	13	ERRATA by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION 12 Consent MOTION for Extension of Time to File Motion for Summary Judgment filed by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/06/2017)
2017-09-07		MINUTE ORDER granting 12 Consent Motion for Extension of Time to Respond. Defendant's motion for summary judgment shall be due on or before October 9, 2017. Plaintiff's opposition shall be due on or before November 8, 2017. Defendant's reply shall be due on or before November 23, 2017. The joint appendix shall be due on or before December 13, 2017. Signed by Judge Christopher R. Cooper on 9/7/2017. (lccrc1) (Entered: 09/07/2017)
2017-09-08		Set/Reset Deadlines: Summary Judgment motions due by 10/9/2017. Response to Motion for Summary Judgment due by 11/8/2017. Reply to Motion for Summary Judgment due by 11/23/2017. Joint Appendix due by 12/13/2017. (lsj) (Entered: 09/08/2017)
2017-10-05	14	Consent MOTION for Extension of Time to File Motion for Summary Judgment by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/05/2017)
2017-10-06		MINUTE ORDER granting 14 Motion for Extension of Time to File Motion. Defendant's motion for summary judgment is due October 24, 2017; Plaintiff's opposition is due November 22, 2017; Defendant's reply is due December 7, 2017; and the joint appendix is due December 27, 2017. Signed by Judge Christopher R. Cooper on 10/6/2017. (lccrc1) (Entered: 10/06/2017)
2017-10-10		Set/Reset Deadlines: Summary Judgment motions due by 10/24/2017. Response to Motion for Summary Judgment due by 11/22/2017. Reply to Motion for Summary Judgment due by 12/7/2017. Joint Appendix due by 12/27/2017. (lsj) (Entered: 10/10/2017)
2017-10-24	15	MOTION for Summary Judgment by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Plick, # 5 Declaration Janack, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C (part 1), # 9 Exhibit C (part 2), # 10 Exhibit D)(Rogers, Joshua) (Entered: 10/24/2017)
2017-10-30	16	MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by RONALD J. BONFILIO (td) (Entered: 11/02/2017)
2017-11-07		MINUTE ORDER granting 16 Plaintiff's Motion for Extension of Time to File Response. Plaintiff's opposition to motion for summary judgment due by January 7, 2018. Defendant's reply is due by January 21, 2018. Signed by Judge Christopher R. Cooper on 11/7/2016. (lccrc1) (Entered: 11/07/2017)
2017-11-07		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/7/2018. Reply to Motion for Summary Judgment due by 1/21/2018. (lsj) (Entered: 11/07/2017)
2017-12-20	17	MOTION to Compel by RONALD J. BONFILIO (jf) (Entered: 12/26/2017)
2018-01-03	18	Memorandum in opposition to re 15 MOTION for Summary Judgment filed by RONALD J. BONFILIO. (Attachments: # 1 Exhibit Part 1 of 2, # 2 Exhibit Part 2 of 2)(td) (Entered: 01/04/2018)
2018-01-04	19	Cross MOTION for Limited Discovery Pursuant to Rule 56(d) of the Federal Rules of Civil Procedure and to Issue Supboenas, MOTION to Add Necessary Parties, MOTION to Compel OSHA to Provide Addresses of Director and Inspectors for Summons to be Served by RONALD J. BONFILIO; (See docket entry no. 18 to view document.) (td) (Entered: 01/04/2018)
2018-01-10	20	Consent MOTION for Extension of Time to File Response/Reply by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 01/10/2018)
2018-01-29		MINUTE ORDER granting 20 Defendant's Motion for Extension of Time. Defendant shall respond to Plaintiff's 17 motions by February 3, 2018. Defendant shall respond to Plaintiff's 18 and 19 motions by February 19, 2018. Signed by Judge Christopher R. Cooper on 1/29/2018. (lccrc1) Modified event title on 1/30/2018 (znmw). (Entered: 01/29/2018)
2018-01-30		Set/Reset Deadlines: Defendant's Responses to 17 due by 2/3/2018. Defendant's Replies to 18 and 19 due by 2/19/2018. (lsj) (Entered: 01/30/2018)
2018-02-05	21	MOTION for Extension of Time to File Response/Reply by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 02/05/2018)
2018-02-07		MINUTE ORDER granting 21 Defendant's Motion for Extension of Time to File Response. Defendant shall have until February 19, 2018 to respond to 17 Plaintiff's motions filed December 20, 2017. Signed by Judge Christopher R. Cooper on 2/7/2018. (lccrc1). Modified on 2/7/2018 (lccrc1). (Entered: 02/07/2018)
2018-02-08		Set/Reset Deadlines: Defendant's Responses due by 2/19/2018 (lsj) (Entered: 02/08/2018)
2018-02-20	22	REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION. (Rogers, Joshua) Modified link on 2/21/2018 (znmw). (Entered: 02/20/2018)
2018-02-20	23	RESPONSE re 17 MOTION to Compel, 19 MOTION for Discovery MOTION to Add Necessary Parties MOTION to Compel (Opposition to Various Discovery Motions) filed by OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION. (Rogers, Joshua) (Entered: 02/20/2018)
2018-08-21	24	ORDER granting 15 Defendant's Motion for Summary Judgment; denying 17 , 19 Plaintiff's various motions. See full Order for details. Signed by Judge Christopher R. Cooper on 8/21/2018. (lccrc1) (Entered: 08/21/2018)
2018-08-21	25	MEMORANDUM OPINION re 24 Order. Signed by Judge Christopher R. Cooper on 8/21/2018. (lccrc1) (Entered: 08/21/2018)
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