Gage v. EEOC, No. 23-4232, 2025 WL 1983947 (9th Cir. July 15, 2025) (per curiam)

Gage v. EEOC, No. 23-4232, 2025 WL 1983947 (9th Cir. July 15, 2025) (per curiam)

Re: Request for records concerning requester

Disposition:  Affirming district court’s grant of government’s motion for summary judgment

• Ligation Considerations, Mootness and Other Grounds for Dismissal:  The Court of Appeals for the Ninth Circuit holds that “[t]he district court properly granted summary judgment on Count 1 because Gage failed to raise a genuine dispute of material fact as to whether the EEOC failed to respond timely to [the requester’s] appeal.”
   
• Exemption 3: The Court of Appeals for the Ninth Circuit holds that “[t]he district court properly granted summary judgment on Counts 8 and 9 because the EEOC provided an affidavit establishing that Exemption 3 of FOIA . . . precludes acknowledgment of the existence of the requested documents.”  The government previously cited 42 U.S.C. §§ 2000e-5(b), 2000e-8(e).
   
• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The Court of Appeals for the Ninth Circuit holds that “[t]he district court properly determined that Counts 2-7 and 10, which related to requests for the contents of [the requester’s] charge file, were moot because the EEOC produced all non-exempt documents.”
   
• Litigation Considerations, Discovery:  The Court of Appeals for the Ninth Circuit holds that “[t]he district court did not abuse its discretion by granting summary judgment without allowing an opportunity to conduct discovery.”