08-CV-6181L.
November 29, 2010
DAVID LARIMER, Chief District Judge
On November 5, 2010, this Court issued a Decision and Order granting a motion by defendant the Department of Labor ("DOL") for reconsideration of the Court's prior order that DOL produce certain documetns to plaintiff pursuant to the Freedom of Information Act.
On November 17, 2010, the DOL wrote to the Court, with copies to plaintiff's counsel, and requested amendment of that order — and specifically, amendment of the attached chart ruling on each of the disputed documents — in order to correct the omission of a particular e-mail from the chart, as well as a DOL photocopying error which led to the misidentification of one of the documents.
Upon consideration of DOL's submission and in camera review of the relevant documents, the Court's Decision and Order (Dkt. #58) is hereby amended, to the extent that the chart attached to that Decision and Order and incorporated therein by reference, is replaced by the one here attached. Specifically, the amended chart reflects the Court's revised rulings on Vaughn Index document numbers C-6 and I-21/I-22. The DOL is ordered to complete the production of those documents to plaintiff, to the extent ordered, within fifteen (15) days of entry of this Order.
IT IS SO ORDERED.
Dated: Rochester, New York November 29, 2010
Documents for Which Reconsideration Has Been Granted
Department of Labor's ("DOL") Motion for Reconsideration (Dkt. #51)
Vaughn Description Characterization Ruling on Index No. upon Reconsideration (Dkt. #31) Reconsideration
"To the extent proposed by DOL" refers to the proposed redactions, indicated by highlighting, on the copies of the withheld documents that were provided to the Court for in camera review.
B-5 6/26/06 E-mail from A. Robinson to Not privileged Produce. C-3 E. Norton, titled "FW: Opinion D-11 Letters" B-6 6/28/06 E-mail from A. Robinson v. Partially Privileged Redact first page C-4 R. Brennan, titled "FW: Opinion (Deliberative to the extent D-12 Letters" Process) proposed by D-13 DOL; produce remainder. B-7 6/29/05 E-mail from M. Hancock to Partially Privileged Redact 6/29 and C-5 A. Robinson, titled "RE: Opinion (Deliberative 6/28 e-mails to D-14 Letters" (multiple copies and Process) the extent versions) proposed by DOL; produce remainder. C-6 8/29/06 "Killmer Opinion Letter — Privileged Withhold entire Outside Sales Exemption, Real (Deliberative letter and attached Estate Sales" Process and/or e-mail; produce Atty-Client) attached case law. C-7 9/7/06 E-mail from V. Lipnic to H. Privileged Withold entire Radzely, titled, "FW: Model Homes (Deliberative document. — Killmer" Process) D-3 3/9/05 E-mail from M. Ginley to E. Privileged Withhold entire Erspamer, titled, "RE: Question" (Deliberative document. Process) D-21 3/6/06 "Wage and Hour Opinion Privileged Withhold entire Letter — Drafter Summary Page" for (Deliberative document. Opinion 153 Process) G-2 6/26/06 E-mail from G. Jacob to J. Partially privileged Produce enclosure H-3 Hull, with attachment; 6/16/06 E- (Deliberative e-mails; withhold I-4 mail from J. Hull to D. Heim, with Process and/or attached outline(s) I-13 attachment; Atty-Client) titled, "Outside 6/15/05 E-mail from J. Hull to D. Sales — Real Estate Heim, with attachment; Opinion Letters." (I-13) 7/10/06 E-mail from J. Hull to W. Lesser, attaching bullet points G-4 6/30/06 E-mail from N. Geale to A. Patrially privileged Redact same H-4 Robinson, titled, "RE: Opinion (Deliberative portions as for B- H-5 Letters"; Process) 6, et al., and first I-5 6/6/06 E-mail from A. Robinson to page of Radzely I-6 H. Radzely et al., titled "RE: e-mail, and Opinion Letters" produce remainder. G-5 6/23/06 E-mail from M. Not Privileged Produce. G-7 Krishnamoorti to A. Robinson, H-6 titled, "RE: Opinion Letters" H-8 I-7 G-6 6/23/06 E-mail from V. Lipnic t to Not Privileged Produce. H-7 H. Radzely, titled, "RE: Opinion I-8 Letters" G-8 6/26/06 E-mail from N. Geale to D. Not Privileged Produce. H-9 Heim, titled, "FW: Opinion Letters"; I-9 6/26/06 E-mail from D. Heim to N. Geale, titled, "RE: Opinion Letters" G-9 6/28/06 E-mail from N. Geale to H. Partially Privileged Redact first page H-10 Radzely, titled, "Draft response to (Deliberative as for B-6 et al., I-10 Al re: Opinion Letters" Process) and produce remainder. G-11 7/7/06 E-mail from G. Jacob to J. Privileged Withhold entire H-12 Hull, titled, "RE: Model Homes" (Deliberative document. H-13 Process) I-12 G-14 7/17/06 and 7/18/06, four E-mails Partially Privileged Redact 7/18/06 H-16 between J. Hull, G. Jacob, D. Heim (Deliberative Jacob e-mail to I-15 Process) the extent proposed by DOL; produce remainder. G-15 9/1/06 E-mails to/from N. Geale to Partially Privileged Redact to the H-26 H. Radzely and V. Lipnic, titled, (Deliberative extent proposed I-23 "RE: Model Home Sales" Process and/or by DOL; produce I-24 Atty-Client) remainder. I-25 G-17 7/18/06 E-mail from J. Hull to S. Privileged Withhold entire Mandel, titled, "Model Homes (Deliberative document. Opinion Letter," with attachment, Process) and related e-mail string G-20 7/31/06 E-mail from D. Heim to S. Partially Privileged Redact to the H-18 Saad, titled, "RE: Model Homes," (Deliberative extent proposed and related e-mail strings Process) by DOL; produce remainder. G-21 9/1/06 E-mail from V. Lipnic to H. Partially Privileged Redact to the Radzely, titled, "FW: Model Home (Deliberative extent proposed Sales" Process) by DOL; produce remainder. H-15 7/14/06 E-mail from W. Lesser to J. Partially Privileged Redact to the Hull, attaching 7/13/06 Hull e-mail (Deliberative extent proposed to S. Mandel et al. Process) by DOL; produce remainder. H-21 8/7/06 E-mail from J. Hull to D. Partially Privileged Product e-mail; Heim, titled, "Revised cust. and reg. (Deliberative withhold letter memo," with attachment Process) attachment. H-22 8/8/06 E-mail from D. Heim to J. Privileged Withhold entire Hull, titled "Outside Sales Memo re (Deliberative document. Customarily and Regularly", with Process) attachment H-24 8/28/06 E-mail from D. Heim to J. Privileged Produce e-mail; Hull, titled "Outside Sales Letters" (Deliberative withhold Process and/or attachment. Atty-Client) H-28 10/2/06 E-mail from N. Geale to M. Partially Privileged Redact to the Papadopoulos, titled, "RE: Kilmer", (Deliberative extent proposed with attachment Process) by DOL; withhold attached draft letter; produce remainder. H-30 10/5/06 E-mail from N. Geale to D. Partially Privileged Redact to the Heim (Deliberative extent proposed Process) by DOL; withhold attached draft letter; produce remainder. H-31 10/5/06 E-mail from D. Heim to J. Partially Privileged Redact to the Hull (Deliberative extent proposed Process) by DOL, except need not redact initial comment, "Oh well — we tried."; withhold attached draft letter; produce remainder. I-17 8/1/06 E-mail from S. Saad to M. Partially Privileged Redact to the Papadopoulos, titled, "RE: Model (Deliberative extent proposed Homes" Process) by DOL; produce remainder. I-18 8/3/06 E-mail from J. Hull to D. Partially Privileged Produce Heim, titled, "Thomas Opinion (Deliberative attachment e-mail; Letter Revisions," with attachment Process) withhold attachment. I-21 8/29/06 E-mail from D. Heim to N. Privileged Withhold entire I-22 Geale, titled, "Thompson real (Deliberative document. estate," with attachment Process)