Case Detail

FOIA Project Annotation: A federal court in New Jersey has ruled that the Department of Veterans Affairs conducted an adequate search for records requested by Dom Wadhwa, but that it has not yet justified withholding an 827-page report under Exemption 6 (invasion of privacy). The court approved of the agency's use of a Glomar response neither confirming nor denying the existence of disciplinary records related to named individuals, but rejected the use of a Glomar response for non-specific individuals. Wadhwa requested a number of items pertaining to Title VII violations that occurred at the Philadelphia VA Medical Center, including disciplinary records for several identified individuals. His request was handled by several people in the VA and the agency responded by withholding records under Exemption 6 and Exemption 5 (privileges) as well as issuing Glomar responses for those parts of Wadhwa's request for disciplinary records. While he challenged the agency's search, the court noted that "he objects to the reasons the documents were withheld, a matter wholly separate from whether or not the FOIA officers conducted an adequate and reasonable search." The bulk of the exemption claims related to the agency's decision to withhold the 827-page file of discrimination complaints. But the court pointed out that "without more information that reasonably describes the contents of the 827 pages, the Court cannot say as a matter of law that withholding the documents was appropriate under Exemption 6. For this same reason, the Court similarly cannot determine whether the Department properly withheld documents under Exemption 5." The court agreed with the use of a Glomar response for requests for disciplinary records on named individuals. The court observed that "if the Department were to confirm the existence of responsive documents, it necessarily reveals that the individuals have been the subject of disciplinary proceedings." But as to Wadhwa's more generic requests for disciplinary-related information, the court indicated that "Plaintiff is not seeking records for a named individual but rather is seeking records for any individual. Although the Court can imagine that such records would contain personally identifiable information exempt under at least one FOIA exemption, it is unclear why, as the Department argues, confirming or denying the existence of documents responsive to the 'removal or proposed removal, or any other incident/disciplinary action cited as Title VII violation of any employee. . .would cause harm to a named individual when Plaintiff does not name any individual in [his request]. Even if a Glomar response is appropriate, or if a FOIA exception otherwise applies, the Department has not met its burden in demonstrating as much to the Court."
Issues: Determination - Glomar response, Exemption 6 - Invasion of privacy

FOIA Project Annotation: A federal court in New Jersey has ruled that Dom Wadhwa is entitled to discovery in his case against the Department of Veterans Affairs because the agency has failed to explain the basis for several of its exemption claims. Wadhwa, a physician formerly employed by the Philadelphia VA Medical Center, made a series of FOIA requests for records concerning the decision made by the Office of Employment Discrimination Complaint Adjudication in an employment discrimination violation. The agency sought clarification from Wadhwa on several items in his multi-part request and eventually withheld a number of records under Exemption 5 (privileges) and Exemption 6 (invasion of privacy), including issuing a Glomar response neither confirming nor denying the existence of records based on personal privacy. Awarding discovery, the court noted that even though it ordered the agency to provide further explanations for some of its withholding decisions, it had not done so. The court observed that "because Defendant has not produced any additional explanations as to why Items 1-4, 9, and 12 should not be produced, the Court will grant Plaintiff's Motion to Compel Discovery."
Issues: Litigation - Discovery

Date Filed	Doc #	Docket Text
2015-04-20	1	COMPLAINT against DEPARTMENT OF VETERANS AFFAIRS ( Filing and Admin fee $ 400 receipt number CAM5680) with JURY DEMAND, filed by DOM WADHWA, MD. (Attachments: # 1 Letter Re: Summons, # 2 Appendix, # 3 Notice to Receive NEF, # 4 Civil Cover Sheet, # 5 Cover Letter, # 6 Envelope)(nz, ) (Entered: 04/21/2015)
2015-04-20	2	SUMMONS ISSUED as to DEPARTMENT OF VETERANS AFFAIRS, U.S. ATTORNEY'S OFFICE, and ATTORNEY GENERAL OF THE UNITED STATES. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Nicholas Zotti* (nz, ) (Entered: 04/21/2015)
2015-05-04	3	SUPPLEMENT TO INITIAL BRIEF 1 by DOM WADHWA, MD. (Attachments: # 1 Exhibit (Doc. #1))(tf, ) (Entered: 05/04/2015)
2015-05-04	4	SUMMONS Returned Executed by DOM WADHWA, MD. DEPARTMENT OF VETERANS AFFAIRS served on 4/25/2015, answer due 5/18/2015. (tf, ) (Entered: 05/04/2015)
2015-05-21	5	Application and Proposed Order for Clerk's Order to extend time to answer as to Secretary, Dept. of Veterans Affairs. Attorney DANIEL J. GIBBONS for DEPARTMENT OF VETERANS AFFAIRS added. (GIBBONS, DANIEL) (Entered: 05/21/2015)
2015-05-26		Clerk's Text Order - The document 5 Application for Clerk's Order to Ext Answer/Proposed Order submitted by DEPARTMENT OF VETERANS AFFAIRS has been GRANTED. The answer due date has been set for 7/6/2015. (dmr) (Entered: 05/26/2015)
2015-07-06	6	MOTION for Summary Judgment by DEPARTMENT OF VETERANS AFFAIRS. Responses due by 7/20/2015 (Attachments: # 1 Brief in support of motion for summary judgment, # 2 Declaration of Jeffery Adamson, # 3 Declaration of Lauren Russo, # 4 Declaration of Laurie Karnay, # 5 Statement of undisputed facts, # 6 Text of Proposed Order)(GIBBONS, DANIEL) (Entered: 07/06/2015)
2015-07-07		Set/Reset Deadlines as to 6 MOTION for Summary Judgment. Motion set for 8/3/2015 before Judge Robert B. Kugler. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr) (Entered: 07/07/2015)
2015-07-27	7	MOTION for Oral Argument and Brief to Deny the Defendant's Motion for Summary Judgment by DOM WADHWA, MD. (dmr) (Entered: 07/29/2015)
2015-07-27		Set/Reset Deadlines as to 7 MOTION for Oral Argument and Brief to Deny the Defendant's Motion for Summary Judgment. Motion set for 9/8/2015 before Judge Robert B. Kugler. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr) (Entered: 07/29/2015)
2015-08-05	8	REPLY BRIEF to Opposition to Motion filed by DEPARTMENT OF VETERANS AFFAIRS re 6 MOTION for Summary Judgment (Attachments: # 1 Certification of Service)(GIBBONS, DANIEL) (Entered: 08/05/2015)
2015-10-02	9	MOTION for Oral Argument, Motion to Compel Discovery, and Motion to Deny Summary Judgment by DOM WADHWA, MD. (Attachments: # 1 Verification of Service, # 2 Cover Letter)(dmr) (Entered: 10/06/2015)
2015-10-06		Set/Reset Deadlines as to 9 MOTION for Oral Argument, Motion to Compel Discovery, and Motion to Deny Summary Judgment. Motion set for 11/2/2015 before Judge Robert B. Kugler. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr) (Entered: 10/06/2015)
2016-03-11	10	OPINION. Signed by Judge Robert B. Kugler on 3/11/2016. (tf, ) (Entered: 03/11/2016)
2016-03-11	11	ORDER granting in part and denying in part without prejudice 6 Motion for Summary Judgment; denying without prejudice Plaintiff's motion for oral argument and to compel discovery 7 & 9 . Signed by Judge Robert B. Kugler on 3/11/2016. (tf, ) (Entered: 03/11/2016)
2016-03-24	12	MOTION to Compel Discovery on the Agency Officials at PVAMC by DOM WADHWA, MD. (dmr) (Entered: 03/24/2016)
2016-03-24		Set/Reset Deadlines as to 12 MOTION to Compel. Motion set for 4/18/2016 before Magistrate Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 03/24/2016)
2016-03-24		Set/Reset Deadlines as to 12 MOTION to Compel. Motion set for 4/18/2016 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 03/24/2016)
2016-11-22	13	***VACATED***OPINION. Signed by Judge Robert B. Kugler on 11/22/2016. (tf, ) Modified on 3/23/2017 (tf, ). (Entered: 11/22/2016)
2016-11-22	14	***VACATED***ORDER that Plaintiff's 12 Motion to Compel Discovery is GRANTED as to Items 1-4, 9, and 12; Plaintiff's Motion to Deny Resubmission of Summary Judgment is DENIED AS MOOT; Plaintiff's Motion for Reconsideration is DENIED. Signed by Judge Robert B. Kugler on 11/22/2016. (tf, ) Modified on 3/23/2017 (tf, ). (Entered: 11/22/2016)
2016-12-09	15	TEXT ORDER The Court has scheduled an On the Record In-Person Status Conference for January 13, 2017 at 11:30 a.m. in Courtroom 5C - Camden. Ordered by Magistrate Judge Karen M. Williams on 12/9/2016. (Ramos, Nicole) (Entered: 12/09/2016)
2016-12-29	16	MOTION for postponement of Status Conference re 15 TEXT ORDER by DOM WADHWA, MD. (Attachments: # 1 Certificate of Service)(tf, ) (Entered: 12/29/2016)
2016-12-29		Set/Reset Deadlines as to 16 MOTION postponement of Status Conference re 15 TEXT ORDER. Motion set for 2/6/2017 before Magistrate Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) (Entered: 12/29/2016)
2016-12-29	17	MOTION for Judgment by Default as to 14 Order by DOM WADHWA, MD. (tf, ) (Entered: 12/29/2016)
2016-12-29		Set/Reset Deadlines as to 17 MOTION for Judgment by Default as to 14 ORDER. Motion set for 2/6/2017 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) (Entered: 12/29/2016)
2017-01-03	18	TEXT ORDER Upon letter application dated December 29, 2016, the Court hereby GRANTS the request to reschedule the On the Record In-Person Status Conference previously set for January 13, 2017. The new date and time of the On the Record In-Person Status Conference is January 19, 2017 at 10:00 AM in Courtroom 5C - Camden. Ordered by Magistrate Judge Karen M. Williams on 1/3/17. (Ramos, Nicole) (Entered: 01/03/2017)
2017-01-03	19	NOTICE of Appearance by ANTHONY J. LABRUNA, JR on behalf of DEPARTMENT OF VETERANS AFFAIRS (LABRUNA, ANTHONY) (Entered: 01/03/2017)
2017-01-13	20	Supplement Brief for Motion to Compel Discovery In Response to Court's Order dated 11/22/16 filed by DOM WADHWA, M.D.. (dmr) (Entered: 01/13/2017)
2017-01-13	21	Letter re 20 Brief. (LABRUNA, ANTHONY) (Entered: 01/13/2017)
2017-01-19	23	Minute Entry for proceedings held before Magistrate Judge Karen M. Williams: In-Person Initial Conference held on 1/19/2017. Order to be entered. (Court Reporter/Recorder ECR.) (dmr) (Entered: 01/20/2017)
2017-01-20	22	SCHEDULING ORDER: Deft is to file a motion for summary judgment on or before 2/10/2017 with opposition to the motion due by 2/21/2017 and replies due by 2/21/2017. Signed by Magistrate Judge Karen M. Williams on 1/20/2017. (dmr) (Entered: 01/20/2017)
2017-01-20	24	MOTION for Judgment by Default and Motion to Deny Summary Judgment in Response to Agency Counsel's Letter dated 1/13/2017 by DOM WADHWA, MD. (dmr) (Entered: 01/20/2017)
2017-01-20		Set/Reset Deadlines as to 24 MOTION for Judgment by Default and Motion to Deny Summary Judgment in Response to Agency Counsel's Letter dated 1/13/2017. Motion set for 2/21/2017 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 01/20/2017)
2017-01-23	25	Exhibit B to 24 Motion for Default Judgment by DOM WADHWA, MD. (tf, ) (Entered: 01/23/2017)
2017-02-08	26	MOTION for Summary Judgment and to Vacate Order Compelling Discovery by DEPARTMENT OF VETERANS AFFAIRS. Responses due by 2/24/2017 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Declaration of Nigel Collie, # 4 Exhibit 1 to Declaration of Nigel Collie, # 5 Exhibit 2 to Declaration of Nigel Collie, # 6 Declaration of James Killens, # 7 Attachment to Declaration of James Killens, # 8 Declaration of Lauren Russo, # 9 Supplemental Declaration of Lauren Russo)(LABRUNA, ANTHONY) (Entered: 02/08/2017)
2017-02-08	27	CERTIFICATE OF SERVICE by DEPARTMENT OF VETERANS AFFAIRS re 26 MOTION for Summary Judgment and to Vacate Order Compelling Discovery (LABRUNA, ANTHONY) (Entered: 02/08/2017)
2017-02-09		Set/Reset Deadlines as to 26 MOTION for Summary Judgment and to Vacate Order Compelling Discovery . Motion set for 3/6/2017 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 02/09/2017)
2017-02-16	28	MOTION to Impose Sanctions by DOM WADHWA, MD. (Attachments: # 1 Exhibits A-K3, # 2 Cover Letter)(dmr) (Entered: 02/16/2017)
2017-02-16		Set/Reset Deadlines as to 28 MOTION to Impose Sanctions. Motion set for 3/20/2017 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 02/16/2017)
2017-02-23	29	REPLY to Response to Motion filed by DEPARTMENT OF VETERANS AFFAIRS re 28 MOTION for Sanctions, 26 MOTION for Summary Judgment and to Vacate Order Compelling Discovery (LABRUNA, ANTHONY) (Entered: 02/23/2017)
2017-02-27	30	CERTIFICATE OF SERVICE by DEPARTMENT OF VETERANS AFFAIRS re 29 Reply to Response to Motion (LABRUNA, ANTHONY) (Entered: 02/27/2017)
2017-02-27	31	TEXT ORDER Setting Hearing on 26 MOTION for Summary Judgment and to Vacate Order Compelling Discovery , 17 MOTION for Default Judgment, 28 MOTION for Sanctions, and 24 MOTION for Default Judgment: Motion hearing set for 3/22/2017 at 10:30 AM in Camden - Courtroom 4D before Judge Robert B. Kugler.SO ORDERED by Judge Robert B. Kugler on 2/27/2017. (lm) (Entered: 02/27/2017)
2017-03-09	32	MOTION to Impose Sanctions by DOM WADHWA, MD. (dmr) (Entered: 03/09/2017)
2017-03-09		Set/Reset Deadlines as to 32 MOTION to Impose Sanctions. Motion set for 4/3/2017 before Magistrate Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 03/09/2017)
2017-03-10	33	Letter from Anthony J. LaBruna re 32 MOTION for Sanctions. (LABRUNA, ANTHONY) (Entered: 03/10/2017)
2017-03-10	34	CERTIFICATE OF SERVICE by DEPARTMENT OF VETERANS AFFAIRS re 33 Letter (LABRUNA, ANTHONY) (Entered: 03/10/2017)
2017-03-15	35	TEXT ORDER Setting Hearing on 32 MOTION for Sanctions: Motion hearing set for 3/22/2017 at 10:30 AM in Camden - Courtroom 4D before Judge Robert B. Kugler.SO ORDERED by Judge Robert B. Kugler on 3/15/2017. (lm) (Entered: 03/15/2017)
2017-03-22	36	Minute Entry for proceedings held before Judge Robert B. Kugler: Motion Hearing held on 3/22/2017 re 17 and 24 Motions for Default Judgment; 26 Motion for Summary Judgment; and 28 and 32 Motion for Sanctions. Ordered 17 motion for default judgment denied. Ordered 19 motion for default judgment denied. Ordered 26 motion for summary judgment granted. Ordered 28 motion for sanctions denied. Ordered 32 motion for sanctions denied. Order to issue. (Court Reporter/Recorder Carl Nami, Jr..) (dmr) (Entered: 03/22/2017)
2017-03-23	37	ORDER that Plaintiff's [17,24,28,32] Motion for Judgment by Default, Motion for Judgment by Default and Motion to Deny Summary Judgment, and Motion(s) to Impose Sanctions are DENIED. ORDER that this Court's November 22, 2016 Opinion and Order (Doc Nos. 13, 14) are VACATED. Defendant's 26 Motion for Summary Judgment is GRANTED. Clerk of Court shall CLOSE THIS CASE. Signed by Judge Robert B. Kugler on 3/22/2017. (tf, ) (Entered: 03/23/2017)
2017-03-23		***Civil Case Terminated. (tf, ) (Entered: 03/23/2017)
2017-03-29	38	MOTION for Reconsideration and Stay to File a Motion for leave to appeal to the United States Court of Appeals for the Third Circuit by DOM WADHWA, MD. (Attachments: # 1 Copy of envelope)(lec) (Entered: 03/29/2017)
2017-03-29		Set 38 MOTION for Reconsideration. Motion returnable 5/1/2017 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lec) (Entered: 03/29/2017)
2017-03-29	39	NOTICE OF APPEAL as to 37 Order by DOM WADHWA, MD. Filing fee $ 505, receipt number CAM008594. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Copy of envelope)(lec) (Entered: 03/29/2017)
2017-03-29	40	ORDER reopening this case for the sole purpose of entering this Order; ORDERED that Plaintiff's 38 Motion for Reconsideration is DENIED; ORDERED that the Clerk shall CLOSE this case. Signed by Judge Robert B. Kugler on 3/29/2017. (dmr) (Entered: 03/29/2017)
2017-03-29		***Civil Case Terminated. (dmr) (Entered: 03/29/2017)
2017-03-31	41	USCA Case Number 17-1686 for 39 Notice of Appeal (USCA), filed by DOM WADHWA, M.D. USCA Case Manager Maria (Document Restricted - Court Only) (ca3sb, ) (Entered: 03/31/2017)
2017-06-08	42	Letter from DOM WADHWA, M.D. re: Appellant's Response to Appelle's Motion to Compel to Produce Transcript. (dmr) (Entered: 06/09/2017)
2017-06-26	43	Transcript of Proceedings held on 3/22/2017, before Judge ROBERT B. KUGLER. Court Reporter/Transcriber Carl Nami (856-757-5019). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 7/17/2017. Redacted Transcript Deadline set for 7/27/2017. Release of Transcript Restriction set for 9/25/2017. (tf, ) (Entered: 06/26/2017)
2017-06-29	44	MOTION to Redact and Seal Transcript/Digital Recording 43 Transcript, by DOM WADHWA, MD. (dmr) (Entered: 06/29/2017)
2017-06-29		Set/Reset Deadlines as to 44 MOTION to Redact and Seal Transcript/Digital Recording 43 Transcrip. Motion set for 8/7/2017 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 06/29/2017)
2017-09-13	45	USCA JUDGMENT as to 39 Notice of Appeal (USCA), filed by DOM WADHWA, M.D. (ca3jk, ) (Entered: 09/13/2017)
2017-11-03	46	MANDATE of USCA as to 39 Notice of Appeal (USCA), filed by DOM WADHWA, M.D. (Finance notified) (Attachments: # 1 Clerk's Letter to District Court, # 2 Opinion)(ca3jk, ) (Entered: 11/03/2017)
2017-11-03		Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 11/3/2017.. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (lec) (Entered: 11/03/2017)
2018-03-12	47	ORDER denying 44 Motion to Redact 43 Transcript. Signed by Judge Robert B. Kugler on 3/9/2018. (dmr) (Entered: 03/12/2018)
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