Laborers International Union of North America Pacific Soutohwest Region v. U.S. Department of Energy

Filing 8

STIPULATION and ORDER limiting issues to be decided signed by Chief Judge Morrison C. England, Jr on 2/10/14. (Manzer, C)

1 BARRY E. HINKLE, SBN 071223
PATRICIA M. GATES, SBN 076498
2 ROBERTA D. PERKINS, SBN 153074
WEINBERG, ROGER & ROSENFELD
3 A Professional Corporation
1001 Marina Village Parkway, Suite 200
4 Alameda, CA 94501-1091
Telephone: [phone]
5 Facsimile: 510.337.1023
6 Attorneys for Plaintiff, LABORERS INTERNATIONAL UNION OF NORTH AMERICA
PACIFIC SOUTHWEST REGION
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BENJAMIN B. WAGNER
8 United States Attorney
YOSHINORI H. T. HIMEL #66194
9 Assistant United States Attorney
501 I Street, Suite 10-100
10 Sacramento, CA 95814
Telephone: [phone]
11 Facsimile: [phone]
email: [e-mail]
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Attorneys for Defendant, UNITED STATES DEPARTMENT OF ENERGY
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

16 LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA
17 PACIFIC SOUTHWEST REGION,
Plaintiff,

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CASE NO. 2:13-CV-02204-MCE-DAD
STIPULATION AND ORDER LIMITING
ISSUES TO BE DECIDED

v.

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20 U.S. DEPARTMENT OF ENERGY,
Defendant.

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The parties, through their undersigned counsel of record, hereby stipulate, subject to the

24 approval of the Court as provided for hereon, as follows:
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1.

To limit the expenditure of judicial resources, the parties make the withholding,

26 under FOIA, in the to-be-amended redacted certified payroll records for CLP Resources, Inc.,
27 for the weeks ending 12/2/12, 12/9/12, 12/16/12, 12/23/12, 1/6/13, 1/13/13, and 1/20/13, the
28 issue to be decided in this action. The parties stipulate and agree that the final judicial ruling on
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1 these redactions will apply to all other payroll records produced by defendant in response to the
2 FOIA request in suit.
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2.

Thus, defendant shall have the burden of showing that a FOIA exemption covers

4 the redactions in those weeks' records. In this action only, however, defendant shall not have the
5 burden to support redactions to any other weeks' records, nor shall it have the burden to show
6 that it performed an adequate search for responsive records.
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3.

At this time, in an effort to limit the issues further, the parties are discussing which

8 specific redactions will be presented to the Court.
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4.

Plaintiff concedes that it is proper under FOIA Exemption 6, 5 U.S.C. § 552(b)(6),

10 to withhold the information in column (1) of the payroll records, namely, employee names,
11 addresses, and Social Security numbers.
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Dated: February 6, 2014

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WEINBERG, ROGER & ROSENFELD
A Professional Corporation
By: /s/ Roberta D. Perkins
ROBERTA D. PERKINS, SBN 153074
(as authorized on 2/6/14)

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16 Dated: February 5, 2014

BENJAMIN B. WAGNER
United States Attorney

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By: /s/ YOSHINORI H. T. HIMEL #66194
YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney

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ORDER

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IT IS SO ORDERED.
Dated: February 10, 2014

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