Pronin v. BOP, No. 17-1807, 2019 WL 1003598 (D.D.C. Mar. 1, 2019) (Kelly, J.)
Re: Portion of requester's request for names and positions of employees at three BOP facilities
Disposition: Denying defendant's motion for summary judgment
Litigation Considerations, Vaughn Index/Declaration: The court holds that, "[a]s Plaintiff has clarified, the only records he seeks in this action are complete lists of the names and titles of the staff at three BOP facilities." "But Defendant's chaotic motion for summary judgment does not demonstrate that summary judgment in its favor is warranted as to Plaintiff's requests for these specific records." "In response to Plaintiff's request for staff lists for FCC Florence, Defendant identifies two documents, purports to claim Exemption 2 for both, also invokes the standard for Exemption 7(F), and fails to sufficiently justify relying on either." "As for Plaintiff's request for a staff list for the Terre Haute facilities, Defendant entirely neglects to address it." "Nowhere in Defendant's motion or accompanying declarations does it even represent whether it possesses responsive records." "Finally, regarding Plaintiff's request for a staff list for FCC Beaumont, Defendant represented in its initial response letter that it possessed no responsive documents, then later stated in its January 2018 letter that it had decided not to release the names of those employees out of concern for their privacy, without citing any specific FOIA exemption." "Defendant's motion and accompanying declaration repeat that latter explanation, again without citing a specific exemption."