Skip to main content

The Few, The Proud, The Forgotten v. VA, No. 16-647, 2019 WL 3816700 (D. Conn. Aug. 14, 2019) (Bolden, J.)

Date

The Few, The Proud, The Forgotten v. VA, No. 16-647, 2019 WL 3816700 (D. Conn. Aug. 14, 2019) (Bolden, J.)

Re:  Request for records concerning development, creation, procedures, objectives, and implementation of Camp Lejeune subject matter expert ("SME") program

Disposition:  Denying plaintiff's motion for summary judgment

  • Litigation Considerations, Summary Judgment:  The court holds that "[b]ecause all parties were aware that the Court had already established a process for this case's resolution, a second motion for summary judgment will not be permitted."  "[T]he Court set a course for the resolution of this case in its summary judgment Order[]" and "established a case management plan in the 2017 summary judgment order that should have resulted in the conclusion of this matter."  "A second motion for summary judgment . . . is not the appropriate means for addressing this issue."
     
  • Exemption 6:  "The Court . . . grants the relief requested by Plaintiffs and orders the agency to 'un-redact the SME names on the e-mails and resumes that have been disclosed.'"  "[T]he Court . . . finds that Defendant has failed to demonstrate an 'articulable threat to the privacy or safety' of the SMEs . . . ."  "After reviewing the parties’ submissions, both before and after document production, the Court finds that there is a 'countervailing public interest in knowing that VA employs qualified individuals.'"  "This public interest outweighs the SMEs' privacy interest and permits the disclosure of the SMEs' names on the produced documents."
Court Decision Topic(s)
District Court opinions
Exemption 6
Litigation Considerations, Summary Judgment
Updated January 7, 2022