Andela v. Admin. Office of U.S. Courts, No. 14-1952, 2014 WL 2724645 (3d Cir. June 17, 2014) (per curiam)

Andela v. Admin. Office of U.S. Courts, No. 14-1952, 2014 WL 2724645 (3d Cir. June 17, 2014) (per curiam)

Re: Request for EEOC's Substantial Weight Review of plaintiff's employment discrimination claim

Disposition: Affirming district court's grant of defendant's motion for summary judgment

• Exemption 5, Deliberative Process Privilege:  The court "conclude[s] that the District Court had an adequate factual basis for exempting the unredacted Substantial Weight Review from disclosure."  The court finds that the Substantial Weight Review "is . . . pre-decisional" and is "done to ensure that the contract agency conducted an appropriate investigation and made a proper determination."  The court notes that plaintiff "argued in his cross-motion for summary judgment that . . . [defendant's] declaration and index of redacted material were not entitled to the presumption of good faith."  However, the court finds that "[t]hese arguments were insufficient to create a genuine issue of material fact."