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