EMMET G. SULLIVAN, District Judge.
Plaintiff, Charles Ludlam, brought this Freedom of Information Act ("FOIA") case against defendant, the United States Peace Corps (the "Peace Corps"), seeking production of the results of the Peace Corps' annual survey of its Volunteers. On March 29, 2013, 934 F.Supp.2d 174 (D.D.C.2013), the Court issued a Memorandum Opinion ruling that defendant was justified in withholding survey results to certain questions on a program-by-program basis, but not on a country-by-country basis, pursuant to FOIA Exemption 6, which exempts from disclosure documents involving matters of personal privacy.
The standard for determining whether or not to grant a motion for reconsideration brought under Rule 54(b) is the "as justice requires" standard. Judicial Watch v. Dep't of Army, 466 F.Supp.2d 112, 123 (D.D.C.2006). The considerations that a court may take into account under this standard include "whether the court patently misunderstood the parties, made a decision beyond the adversarial issues presented, made an error in failing to consider controlling decisions or data, or whether a controlling or significant change in the law has occurred." In Def. of Animals v. Nat'l Inst. of Health, 543 F.Supp.2d 70, 75 (D.D.C.
This Court previously ruled that defendant was justified in withholding the program-by-program breakdown of responses to survey questions relating to staff performance ratings under FOIA Exemption 6. In the pending motion, plaintiff asks the Court to reconsider this ruling.
First, plaintiff argues that by exempting program-by-program results from disclosure, but not country-by-country results, the Court made a decision outside the adversarial issues presented by the parties. Pl.'s Mot. for Recons. ("Pl.'s Mot.") [Dkt. #21], at 3-4. According to plaintiff, defendant had the burden to demonstrate justifications for withholding any portion of the requested data. Because defendant did not present any evidence indicating that program-by-program results should be treated differently than country-by-country results, plaintiff claims that the Court erred by creating the distinction and only ordering the latter to be produced. Plaintiff alleges that this amounted to a decision outside the adversarial issues of the case. Contrary to plaintiff's argument, however, the issue of whether defendant is justified in withholding program-by-program results under Exemption 6 has been a central part of this case, as can be evidenced throughout the Court's prior Memorandum Opinion.
FOIA Exemption 6 covers "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. 552(b)(6). The agency typically bears the burden to persuade the Court that the exemption applies. Ripskis v. HUD, 746 F.2d 1, 3 (D.C.Cir.1984). However, this burden shifts to the FOIA requester in cases where an individual's privacy interest is implicated. Am. Civil Liberties Union v. DOJ, 698 F.Supp.2d 163, 165 (D.D.C.2010) (citations omitted).
As set forth in the Memorandum Opinion, the Court found that defendant met its burden for invoking Exemption 6 by demonstrating that an individual's privacy interest was implicated in both country-by-country and program-by-program survey results.
Second, plaintiff claims that the Court erroneously relied on the Kate Puzey Peace Corps Volunteer Protection Act ("Volunteer Protection Act") to justify the withholding of program-by-program results. Pl.'s Mot. [Dkt. #21], at 5. Additionally, plaintiff argues that the Volunteer Protection Act and FOIA serve different purposes and need not be construed in tandem to justify withholding of program-specific results. Pl.'s Mot. [Dkt. #21], at 6.
Plaintiff misinterprets the Court's analysis in this argument. Contrary to plaintiff's claims, the Court did not rely on the Volunteer Protection Act or declare that the Volunteer Protection Act and FOIA must be construed in tandem in making the determination of proper withholding under Exemption 6. The Court only considered the Volunteer Protection Act in response to plaintiff's reference to the Act to support his claim that there is congressional and public interest in information regarding the Peace Corps staff performance, at a country-by-country level, in protecting the safety of Volunteers serving in different host countries. Plaintiff did not refer to the Act or provide any additional support for his claim that there is public interest in program-by-program survey results. Accordingly, the Court noted the lack of support and concluded that the implication of privacy interests, as demonstrated by defendant, justified the withholding of program-by-program results under Exemption 6.
Moreover, in this argument, plaintiff does not claim that the Court misunderstood the parties, made a decision beyond the issues presented, failed to consider controlling decisions, or that there was a significant change in the law or the facts.
For the foregoing reasons, it is hereby ordered that plaintiff's motion for reconsideration is