Buckovetz v. Dep't of Navy, No. 15-00838, 2016 U.S. Dist. LEXIS 154359 (S.D. Cal. 2016) (Benitez, J.)

Date: 
Friday, November 4, 2016

Buckovetz v. Dep't of Navy, No. 15-00838, 2016 U.S. Dist. LEXIS 154359 (S.D. Cal. 2016) (Benitez, J.)

Re: Request for records concerning sexual harassment complaint

Disposition: Holding in abeyance defendant's renewed motion for summary judgment

  • Litigation Considerations, Adequacy of Search: "[O]n the basis of [defendant's] insufficient declaration, the Court cannot find whether the search method was reasonably calculated to uncover all relevant documents." The court explains that, "while it appears that [defendant] searched the three offices most likely to have records . . . [its] declaration fails to explain adequately how those searches were conducted." Specifically, the court finds that "the declaration provides no information about what records were searched and what processes were utilized."
     
  • Exemptions 6 & 7(C): The court holds that "documents from the EEO file have been properly withheld or redacted pursuant to Exemptions 6 and 7(C)." First, the court finds that "the documents at issue relate to an investigation of a sexual harassment complaint" and "individuals [mentioned in the documents] have a legitimate interest in keeping this information from public view." Second, the court finds that "[p]laintiff has not shown that the public interest outweighs the privacy interests at stake" because "[p]laintiff has failed to demonstrate that disclosure would advance the public knowledge of government operations."
Topic: 
Adequacy of Search
District Court
Exemption 6
Exemption 7C
Litigation Considerations
Updated February 14, 2017