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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2010cv01706
Date Filed2010-10-06
Date Closed2014-04-09
JudgeJudge Robert L. Wilkins
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
DefendantU.S. DEPARTMENT OF LABOR
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [22]
FOIA Project Annotation: After reviewing the document in camera, Judge Robert Wilkins has ruled the Department of Labor properly withheld a record containing notes of a meeting on whistleblower issues under Exemption 5 (deliberative process privilege). PEER had requested all records provided by OSHA to GAO in 2010 concerning its whistleblower protection programs. Wilkins had previously found the disputed document was protected, but agreed with PEER that the agency had not adequately explained why non-exempt information could not be segregated and released. After reviewing the document in camera, Wilkins agreed with the agency that the record could not be segregated. He noted that "while it might seem that revealing discussions of current policies would not involve disclosure of information that is 'deliberative' in nature, such is not the case here. Instead, in this context, disclosing information regarding current policies may provide insight into how the agency contemplates addressing a particular problem. Specifically, knowing that the agency contemplates addressing a particular problem by changing policy X, rather than policy Y, provides insight into the agency's deliberative process."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-10-061COMPLAINT against U.S. DEPARTMENT OF LABOR ( Filing fee $ 350, receipt number 4616033245) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 10/07/2010)
2010-10-06SUMMONS (3) Issued as to U.S. DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 10/07/2010)
2010-10-292NOTICE of Appearance by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF LABOR (Campbell, Rhonda) (Entered: 10/29/2010)
2010-11-123Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF LABOR (Campbell, Rhonda) (Entered: 11/12/2010)
2010-11-22MINUTE ORDER: It is hereby ORDERED that the defendant's unopposed motion 3 for an extension of time be, and hereby is, GRANTED. Defendant shall file an answer or other response to the plaintiff's complaint by December 13, 2010. Signed by Judge Richard W. Roberts on 11/22/10. (lcrwr1) (Entered: 11/22/2010)
2010-11-22Reset Deadlines: Defendant's Answer due by 12/13/2010, (hs) (Entered: 11/22/2010)
2010-12-134ANSWER to 1 Complaint by U.S. DEPARTMENT OF LABOR.(Campbell, Rhonda) (Entered: 12/13/2010)
2010-12-175SCHEDULING ORDER setting the initial scheduling conference for January 4, 2011 at 12:45 p.m. Signed by Judge Richard W. Roberts on 12/17/10. (lcrwr1) (Entered: 12/17/2010)
2010-12-17Set Hearings: Initial Scheduling Conference set for 1/4/2011 at 12:45 PM in Courtroom 9 before Judge Richard W. Roberts. (hs) (Entered: 12/17/2010)
2010-12-276MEET AND CONFER STATEMENT. (Campbell, Rhonda) (Entered: 12/27/2010)
2011-01-03Reset Hearing: Initial Scheduling Conference reset for 1/4/2011 at 12:30 PM in Courtroom 9 before Judge Richard W. Roberts. (hs) (Entered: 01/03/2011)
2011-01-04Minute Entry for proceedings held before Judge Richard W. Roberts: Initial Scheduling Conference held on 1/4/2011. Scheduling Order to issue via chambers. (Court Reporter Scott L. Wallace.) (hs) (Entered: 01/04/2011)
2011-01-067SCHEDULING ORDER. Signed by Judge Richard W. Roberts on 1/6/11. (lcrwr1) (Entered: 01/06/2011)
2011-01-07Set Deadlines: Plaintiff's Opposition and Cross Motions due by 4/6/2011. Government's Response to Cross Motions due by 5/6/2011. Plaintiff's Reply to Cross Motions due by 5/20/2011. Government's Dispositive Motions due by 3/7/2011. Vaughn Index due by 2/18/2011. (hs) (Entered: 01/07/2011)
2011-01-21Case reassigned to U.S. District Judge Robert L. Wilkins. Judge Richard W. Roberts no longer assigned to the case. (gt, ) (Entered: 01/21/2011)
2011-02-188NOTICE to the Court by U.S. DEPARTMENT OF LABOR re 7 Scheduling Order, Set/Reset Deadlines, (Campbell, Rhonda) (Entered: 02/18/2011)
2011-02-259Unopposed MOTION for Extension of Time to by U.S. DEPARTMENT OF LABOR (Campbell, Rhonda) (Entered: 02/25/2011)
2011-03-04MINUTE ORDER granting 9 Motion for Extension of Time; it is hereby ORDERED that Government's dispositive motion will be due no later than March 22, 2011, Plaintiff's opposition and cross motion will be due no later than April 21, 2011, Government's reply and opposition will be due no later than May 23, 2011 and Plaintiff's reply will be due no later than June 6, 2011.. Signed by Judge Robert L. Wilkins on 3/4/2011. (tcb) (Entered: 03/07/2011)
2011-03-04Set/Reset Deadlines: Government's dispositive motion due by March 22, 2011, Plaintiff's opposition and cross motion due by April 21, 2011, Government's reply and opposition due by May 23, 2011 and Plaintiff's reply due by June 6, 2011. (tcb) (Entered: 03/07/2011)
2011-03-2210MOTION for Summary Judgment by U.S. DEPARTMENT OF LABOR (Attachments: # 1 Declaration Thompson Decl. and Exhibits, # 2 Declaration Galassi Decl. and Exhibits)(Campbell, Rhonda) (Entered: 03/22/2011)
2011-04-0511MOTION for Summary Judgment and Opposition to Defendant's Motion by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Memorandum in Support Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment, # 2 Statement of Facts Material Facts Not in Dispute, # 3 Statement of Facts Material Facts in Dispute, # 4 Text of Proposed Order Proposed Order)(Dinerstein, Paula) (Entered: 04/05/2011)
2011-04-0512Memorandum in opposition to re 10 MOTION for Summary Judgment filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (See Docket Entry 11 to view document)(rdj) (Entered: 04/06/2011)
2011-05-2313REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Declaration Declaration of Kapust)(Campbell, Rhonda) Modified on 5/24/2011 to correct linkage (rdj). (Entered: 05/23/2011)
2011-06-0614REPLY to opposition to motion re 11 MOTION for Summary Judgment and Opposition to Defendant's Motion by Plaintiff filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 06/06/2011)
2012-02-10MINUTE ORDER: A Telephonic Conference is set for 2/17/2012 at 10:00 AM in Courtroom 17 before Judge Robert L. Wilkins. The parties are directed to JOINTLY contact chambers at (202) 354-3480. Signed by Judge Robert L. Wilkins on 2/10/2012. (tcb) (Entered: 02/10/2012)
2012-02-17Minute Entry for proceedings held before Judge Robert L. Wilkins: Telephone Conference held and concluded on 2/17/2012. (Court Reporter Rebecca Stonestreet.) (tcb) (Entered: 02/21/2012)
2012-03-0215NOTICE of Filing by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Exhibit)(Dinerstein, Paula) (Entered: 03/02/2012)
2012-03-0616NOTICE to the Court by U.S. DEPARTMENT OF LABOR re 15 Notice (Other), Telephone Conference (Campbell, Rhonda) (Entered: 03/06/2012)
2012-03-3017NOTICE to the Court by U.S. DEPARTMENT OF LABOR re Order, Set Hearings, 16 Notice (Other) (Campbell, Rhonda) (Entered: 03/30/2012)
2012-07-0918Vaughn Index . (Attachments: # 1 Exhibit Vaughn Index)(Campbell, Rhonda) (Entered: 07/09/2012)
2012-09-2619MEMORANDUM AND OPINION re: Defendant's 10 MOTION for Summary Judgment and Plaintiff's 11 MOTION for Summary Judgment. Signed by Judge Robert L. Wilkins on 9/26/2012. (tcb). (Entered: 09/26/2012)
2012-09-2620ORDER re: Defendant's 10 Motion for Summary Judgment and Plaintiff's 11 Motion for Summary Judgment; For the reasons set forth in the accompanying Memorandum Opinion, the Court finds that: 1) the Department of Labor did not waive its right to assert the deliberative process privilege by disclosing the October 2008 meeting notes to the General Accountability Office; and 2) the Department of Labor has met its burden of establishing that the October 2008 meeting notes were both predecisional and deliberative. Accordingly, the Department of Labors Motion for Summary Judgment, (Doc. 10), is hereby granted with prejudice, solely as it relates to those issues. On the issue of whether the October 2008 meeting notes contained any segregable information, the parties Motions for Summary Judgment, (Docs, 10, 11), are hereby denied without prejudice. Within thirty days from the date of this Order, the Department of Labor shall submit the October 2008 meeting notes to the Court for an in camera inspection. Signed by Judge Robert L. Wilkins on 9/26/2012. (tcb) (Entered: 09/26/2012)
2014-03-2021SEALED DOCUMENT (This document is SEALED and only available to authorized persons.)(ztcb) (Entered: 03/20/2014)
2014-03-2022MEMORANDUM AND OPINION re : Defendant's 10 MOTION for Summary Judgment and Plaintiff's 11 MOTION for Summary Judgment. Signed by Judge Robert L. Wilkins on 3/20/2014. (tcb) (Entered: 03/20/2014)
2014-03-2023ORDER re: re : Defendant's 10 MOTION for Summary Judgment and Plaintiff's 11 MOTION for Summary Judgment;For the reasons set forth in this Courts prior Memorandum Opinion 19 and the accompanying Memorandum Opinion 21 , the parties cross motions for summary judgment are hereby granted in part and denied in part. The Defendants motion 10 is granted with respect toits assertion of the deliberative process privilege for the document at issue. The Plaintiffs motion 11 is granted with respect to its challenge regarding the segregability of the withheld document. In all other respects, the Plaintiffs motion is hereby denied. The Defendant shall disclose the question and two responsive sentences, as described in the accompanying Memorandum Opinion, not later than 14 days from the date of this Order andconcurrently file a motion for entry of judgment. Signed by Judge Robert L. Wilkins on 3/20/2014. (tcb) (Entered: 03/20/2014)
2014-04-0324NOTICE of Compliance and Motion for Entry of Judgment by U.S. DEPARTMENT OF LABOR (Campbell, Rhonda) (Entered: 04/03/2014)
2014-04-0325MOTION for Entry of Judgment by U.S. DEPARTMENT OF LABOR (See docket entry 24 to view document)(rdj) (Entered: 04/04/2014)
2014-04-04NOTICE OF ERROR re 24 Notice (Other); emailed to rhonda.campbell@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Counsel is reminded to docket all parts of the pleading in the future. NO ACTION REQUIRED (zrdj, ) (Entered: 04/04/2014)
2014-04-0726STIPULATION of Settlement by U.S. DEPARTMENT OF LABOR. (Campbell, Rhonda) (Entered: 04/07/2014)
2014-04-0827ORDER OF DISMISSAL: Consistent with the Stipulation of Dismissal filed by the parties, this action is hereby dismissed with prejudice. The Court retains jurisdiction of this matter solely for the purpose of enforcing the parties Stipulation of Settlement. Signed by Judge Robert L. Wilkins on 4/8/2014. (tcb) (Entered: 04/09/2014)
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by FOIA Project Staff
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