Case Detail

FOIA Project Annotation: A federal court in California has ruled that the although the Department of the Navy has not yet shown that it conducted an adequate search for records of a sexual harassment complaint requested by Dennis Buckovetz, who was not a party to the complaint, but that it has shown that it properly redacted 18 pages under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Navy originally denied Buckovetz's request by claiming the complaint was protected by Exemption 5 (attorney-client privilege). However, after Buckovetz filed suit, the Navy disclosed 18 pages with redactions under Exemption 6 and Exemption 7(C). Buckovetz challenged the adequacy of the search. The agency had routed the request to two separate human resources offices at the Marine Corps Recruiting Depot. The request was also sent to the Human Resources Office at Camp Pendleton. Assessing the adequacy of the search, the court noted that "here, while it appears that [the agency] searched the three offices most likely to have records, [its] declaration fails to explain adequately how those searches were conducted. Rather, the declaration asserts in a conclusory manner that the [human resources offices] did not have responsive records. If [a second individual] conducted a search, the declaration provides no information about what records were searched and what processes were utilized." The court pointed out that "on the basis of [its] insufficient declaration, the Court cannot find whether the search method was reasonably calculated to uncover all relevant documents. The Court orders Defendant to submit a supplemental declaration regarding the adequacy of its search that cures the deficiencies noted above." Upholding the privacy exemption claims, the court observed that "the documents at issue relate to an investigation of a sexual harassment complaint. Defendant redacted the names of the complainant, accused co-workers, witnesses, and government employees involved in the investigation, as well as substantive information that could reveal the individuals' identities. . .These individuals have a legitimate interest in keeping this information from public view." As to the public interest in disclosure, the court indicated that "Plaintiff has failed to demonstrate that disclosure would advance the public knowledge of government operations. . .Rather, Plaintiff's focus appears to be on his own personal interest in the documents. But, Plaintiff's personal reasons for wanting the information are not legally cognizable factors in determining the propriety of withholding the documents."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Adequacy - Search, Exemption 6 - Invasion of privacy

FOIA Project Annotation: A federal court in California has ruled that the Marine Corps conducted an adequate search and properly withheld records under Exemption 5 (privileges) in response to Dennis Buckovetz's request for records concerning a sexual harassment complaint. Although Buckovetz was not a party to the complaint, he was reprimanded as a result of the investigation of the complaint. In its earlier ruling, the court found the Marine Corps had not sufficiently explained its search, but this time the court found the agency had provided an adequate justification. Buckovetz argued that the agency had not contacted him to clarify his request. But the court observed that "it is Plaintiff's responsibility to be specific in his request. He does not declare that he affirmatively sought to clarify his request. Plaintiff could have submitted other FOIA requests specifying the records he sought. Plaintiff is no novice to FOIA requests and has submitted several requests in connection with the sexual harassment complaint." Buckovetz also complained that the agency's search for emails was too narrow. The court noted that "as to whether Defendant needs to conduct a broader email search, Defendant argues that without additional detail from Plaintiff about what he sought, it would have been burdensome for the government to search the emails of all government employees during the time to determine whether any discussed the sexual harassment complaint."
Issues: Adequacy - Search, Request - Specificity

Date Filed	Doc #	Docket Text
2015-04-16	1	COMPLAINT against U.S. Department of the Navy ( Filing fee $ 400 receipt number 71999.), filed by Dennis M. Buckovetz. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:15-cv-838-BEN-BLM. Judge Roger T. Benitez and Magistrate Judge Barbara Lynn Major are assigned to the case.(nbp) (Additional attachment(s) added on 4/16/2015: # 2 Filing Fee Receipt) (nbp). (Entered: 04/16/2015)
2015-04-16	2	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (nbp) (Entered: 04/16/2015)
2015-04-16	3	NOTICE OF RELATED CASE(S) by Dennis M. Buckovetz of case(s) 14-cv-02115-BEN-MDD. Proposed Low Number Order not prepared - only Magistrate Judge reassigned. Magistrate Judge Mitchell D. Dembin added. Magistrate Judge Barbara Lynn Major no longer assigned to case. New case number 15-cv-00838-BEN-MDD. (All non-registered users served via U.S. Mail Service)(no document attached) (knb) (Entered: 04/16/2015)
2015-04-21	4	SUMMONS Returned Executed by Dennis M. Buckovetz. U.S. Department of the Navy served. (kcm) (Entered: 04/21/2015)
2015-04-21	5	SUMMONS Returned Executed by Dennis M. Buckovetz. U.S. Attorney's Office served. (kcm) (Entered: 04/21/2015)
2015-05-18	6	NOTICE OF RELATED CASE(S) by U.S. Department of the Navy of case(s) 14-cv-2115, 14-cv-2872 . (Attachments: # 1 Proof of Service)(Parker, Katherine) (No Low Number Order needed) (kcm). (Entered: 05/18/2015)
2015-05-18	7	ANSWER to 1 Complaint, by U.S. Department of the Navy. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party U.S. Department of the Navy(pty:dft) (kcm). (Entered: 05/18/2015)
2015-11-09	8	NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 12/2/2015 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 11/6/2015.(knb) (Entered: 11/09/2015)
2015-12-02	9	Minute Order for proceedings held before Magistrate Judge Mitchell D. Dembin:Early Neutral Evaluation Conference and Case Management Conference were held on 12/2/2015. Counsel for Defendant appeared. Plaintiff did not appear. Order to follow. (Defendant Attorney Katherine Parker). (All non-registered users served via U.S. Mail Service)(no document attached) (atk) (Entered: 12/02/2015)
2015-12-24	10	ORDER Following ENE/CMC. On or before 2/1/2016, Defendant shall provide the Vaughn Index to Plaintiff. The deadline for Defendant to file a motion for summary judgment is 3/1/2016. A further settlement conference will be scheduled upon joint request of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 12/24/2015.(All non-registered users served via U.S. Mail Service)(dls) (Entered: 12/24/2015)
2016-03-01	11	MOTION for Summary Judgment by U.S. Department of the Navy. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Cinthia Christopher, # 3 Exhibit to Christopher Decl.-Vaughn Index, # 4 Proof of Service)(Parker, Katherine) (knb). (Entered: 03/01/2016)
2016-03-28	12	MOTION to Deny Summary Judgment and Motion for in Camera Review by Dennis M. Buckovetz. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(knb) (Entered: 03/29/2016)
2016-04-04	13	REPLY to Response to Motion re 12 MOTION for Order, 11 MOTION for Summary Judgment filed by U.S. Department of the Navy. (Attachments: # 1 Proof of Service)(Parker, Katherine) (knb). (Entered: 04/04/2016)
2016-04-05	14	Minute Order issued by the Honorable Roger T. Benitez: Submitting 12 MOTION to Deny Summary Judgment and Motion for in Camera Review by Dennis M. Buckovetz, 11 MOTION for Summary Judgment . Court to issue written Order. Motion Hearing date of 4/11/2016 10:30AM is hereby vacated. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr) (Entered: 04/05/2016)
2016-04-14	15	ORDER: (1) Denying Defendant's 11 Motion for Summary Judgment; and (2) Denying Plaintiff's 12 Motion for in Camera Review. Before May 24, 2016, Defendant shall either release the requested documents to Plaintiff or file a renewed motion for summary judgment with adequate, detailed factual support for withholding such information. Signed by Judge Roger T. Benitez on 4/13/2016. (All non-registered users served via U.S. Mail Service)(knb) (jao). (Entered: 04/14/2016)
2016-05-24	16	MOTION for Summary Judgment by U.S. Department of the Navy. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Cinthia Christopher, # 3 Proof of Service)(Parker, Katherine) (Entered: 05/24/2016)
2016-06-20	17	Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Accepting Document: Motion to Deny Defendant's Renewed Motion for Summary Judgment, from Plaintiff Dennis M. Buckovetz. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, OTHER: New Motion Date and Hearing Time not on Calendar. Nunc Pro Tunc 6/17/2016. Signed by chambers of Judge Roger T. Benitez on 6/20/2016.(All non-registered users served via U.S. Mail Service)(knb) (Entered: 06/20/2016)
2016-06-20	18	RESPONSE in Opposition re 16 MOTION for Summary Judgment by Dennis M. Buckovetz. NUNC PRO TUNC 6/17/2016. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(knb) Modified to correct event used on 6/21/2016 (knb). (Entered: 06/20/2016)
2016-06-28	19	REPLY to Response to Motion re 18 MOTION for Summary Judgment filed by U.S. Department of the Navy. (Attachments: # 1 Declaration of Cinthia Christopher, # 2 Proof of Service)(Parker, Katherine) (Entered: 06/28/2016)
2016-06-30	20	MOTION for Leave to File a Surreply by Dennis M. Buckovetz. (knb) . (Entered: 07/01/2016)
2016-07-01	21	Minute Order issued by the Honorable Roger T. Benitez: Submitting 20 MOTION for Leave to File, 16 MOTION for Summary Judgment . Court to issue written Order. Motion Hearing date of 7/5/2016 10:30AM is hereby vacated. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr) (Entered: 07/01/2016)
2016-11-04	22	ORDER Holding Renewed Motion for Summary Judgment in Abeyance Until Record Supplemented, Granting 20 MOTION for Leave to File a Surreply. Defendant must supplement the record within 21 days of the signature date of this Order. Signed by Judge Roger T. Benitez on 11/4/2016.(All non-registered users served via U.S. Mail Service)(knb) (Entered: 11/07/2016)
2016-11-18	23	NOTICE Regarding Exhibit Attachment by U.S. Department of the Navy Supplemental Declarations in Response to Court's Order (Attachments: # 1 Declaration of Tina Broadaway, # 2 Declaration of Jalynn Peterson, # 3 Declaration of Jennifer Gazzo, # 4 Proof of Service)(Parker, Katherine) (Entered: 11/18/2016)
2016-11-18	24	Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Accepting Document: Plaintiffs Motion for Delay to File Response to Defendants Supplemental Declaration Regarding Adequacy of Search, from Plaintiff Dennis M. Buckovetz. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 11/17/2016. Signed by chambers of Judge Roger T. Benitez on 11/18/2016.(All non-registered users served via U.S. Mail Service)(knb) (Entered: 11/21/2016)
2016-11-18	25	Ex Parte MOTION for Extension of Time to File by Dennis M. Buckovetz. NUNC PRO TUNC 11/17/2016. (knb) (Entered: 11/21/2016)
2016-11-21	26	ORDER Granting 25 Ex Parte Motion for Extension of Time to File. Plaintiff's response, if any, is due no later than December 23, 2016. Signed by Judge Roger T. Benitez on 11/21/2016. (All non-registered users served via U.S. Mail Service)(knb) (Entered: 11/21/2016)
2016-12-23	27	RESPONSE to Motion re 16 MOTION for Summary Judgment filed by Dennis M. Buckovetz. (fth) (Entered: 12/27/2016)
2017-01-04	28	Ex Parte MOTION for Leave to File Response to Plaintiff's Submission by U.S. Department of the Navy. (Attachments: # 1 Proof of Service)(Parker, Katherine) (knb). (Entered: 01/04/2017)
2017-01-10	29	ORDER Granting 28 Ex Parte Application Requesting Leave To Respond To Arguments And Evidence Submitted By Plaintiff. It is ordered that a reply of no more than five pages must be filed no later than 1/13/2017. Signed by Judge Roger T. Benitez on 1/10/2017. (All non-registered users served via U.S. Mail Service)(dxj) (jao). (Entered: 01/10/2017)
2017-01-13	30	RESPONSE re 27 Response to Motion filed by U.S. Department of the Navy. (Attachments: # 1 Proof of Service)(Parker, Katherine) (Entered: 01/13/2017)
2017-01-17	31	Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Accepting Document: Ex Parte Application to Respond, from Plaintiff Dennis M. Buckovetz. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: No provisions for acceptance. Nunc Pro Tunc 1/17/2017. Signed by chambers of Judge Roger T. Benitez on 1/17/2017.(All non-registered users served via U.S. Mail Service)(knb) (Entered: 01/18/2017)
2017-01-17	32	Ex Parte MOTION Requesting Leave to Respond to Defendant's Response (Sur-Reply) by Dennis M. Buckovetz. NUNC PRO TUNC 1/17/2017. (knb) (Entered: 01/18/2017)
2017-01-19	33	ORDER Granting 32 Ex Parte MOTION Requesting Leave to Respond to Defendant's Response.A reply of no more than five pages must be filed no later than January 27, 2017. Signed by Judge Roger T. Benitez on 1/19/2017. (All non-registered users served via U.S. Mail Service)(knb) (Entered: 01/19/2017)
2017-01-27	34	REPLY to Response to Motion re 16 MOTION for Summary Judgment filed by Dennis M. Buckovetz. (knb) (Entered: 01/30/2017)
2017-02-03	35	ORDER Granting 16 Renewed Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 2/3/2017. (All non-registered users served via U.S. Mail Service)(knb) (jao). (Entered: 02/06/2017)
2017-02-08	36	CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Defendant's Renewed Motion for Summary Judgment is granted.(All non-registered users served via U.S. Mail Service)(knb) (jao). (Entered: 02/08/2017)
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