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Center For Public Integrity v. U.S. OFfice of Personnel Management

December 4, 2006

CENTER FOR PUBLIC INTEGRITY, PLAINTIFF,
v.
U.S. OFFICE OF PERSONNEL MANAGEMENT, DEFENDANT.



The opinion of the court was delivered by: Gladys Kessler U.S. District Judge

MEMORANDUM OPINION

Plaintiff, the Center for Public Integrity, brings this action against the United States Office of Personnel Management ("OPM" or "Defendant") under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to secure the production of certain agency records. This matter is now before the Court on the following motions:

(1) OPM's Motion for Summary Judgment for Non-United States Department of Defense ("DoD") Information; (2) Plaintiff's Cross-Motion for Summary Judgment for Non-DoD Information; (3) OPM's Motion for Summary Judgment for DoD Information; (4) Plaintiff's Cross-Motion for Summary Judgment for DoD Information; and (5) Plaintiff's Motion to Strike OPM's Motion for Summary Judgment for DoD Information.

Upon consideration of the Motions, Oppositions, Replies, and the entire record herein, and for the reasons stated below, OPM's Motion for Summary Judgment for Non-DoD Information is granted; Plaintiff's Cross-Motion for Summary Judgment for Non-DoD Information is denied; OPM's Motion for Summary Judgment for DoD Information is granted; Plaintiff's Cross-Motion for Summary Judgment for DoD Information is denied; and Plaintiff's Motion to Strike OPM's Motion for Summary Judgment for DoD Information is denied.

I. BACKGROUND

A. Factual History

By email dated January 28, 2004, Plaintiff submitted a FOIA request to OPM's FOIA officer seeking "[e]lectronic data regarding, or detailing all 'Schedule C employees' of the federal government from database(s) maintained by the Office of Personnel Management [during a time period] as far back as OPM has maintained it." Compl. ¶ 5.

By email dated March 19, 2004, Plaintiff submitted a second overlapping FOIA request to OPM's FOIA officer seeking "[e]lectronic data regarding, or detailing all federal employees of the [sic] all agencies from database(s) maintained by the Office of Personnel Management . . . from January of 1993 and every month following until January 2004." Id. ¶ 6. Plaintiff also requested "a copy of the most similar database that would contain fields such as Agency[,] Fiscal Year, Employee Name, Last Name, First name, Middle Initial, Position, Department, District Short Name, District Short Name [sic], FIPS Code, City[,] GSA Code, Occupation Category, Specific Occupation, Work Schedule, Supervisory Status, Pay Plan, Grade, Step, Salary Type, and Salary." Id.

By emails dated June 28, June 29, July 2 and July 7, 2004, Plaintiff inquired about the status of its FOIA requests. See Def.'s Statement of Material Facts, ¶ 3. By emails dated June 29 and July 7, 2004, OPM acknowledged Plaintiff's inquiries and stated that it would advise Plaintiff of their status. See id.

B. Procedural History

On July 29, 2004, Plaintiff filed the instant action seeking the production of all requested documents.

On October 26, 2004, the Court entered a scheduling order ordering OPM to finish processing Plaintiff's FOIA request by December 7, 2004. See Docket No. 11. It also ordered OPM to submit its dispositive motion by February 7, 2004 and to provide Plaintiff with a Vaughn Index.*fn1 See id.

On December 7, 2004, OPM released all information it considered responsive to Plaintiff's ...


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