On July 13, 1992 plaintiff commenced this action seeking the release of certain documents under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 and the Privacy Act, 5 U.S.C. § 552(a). On July 27, 1992, the Court referred this matter to Magistrate Judge Carol E. Heckman pursuant to 28 U.S.C. § 636(b)(1)(B). On August 26, 1993, Magistrate Judge Heckman filed a Report and Recommendation addressing the motions for summary judgment filed by both parties. Magistrate Judge Heckman recommended that plaintiff's motion for summary judgment be granted in part and that defendant's cross-motion for summary judgment be granted in part.
The Court having carefully reviewed the Report and Recommendation, as well as the pleadings and materials submitted by the parties; and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Heckman's Report and Recommendation, plaintiff's motion for summary judgment is granted as it relates to the release of the December 4, 1991 memorandum (with enclosures), and is denied in all other respects.
IT IS FURTHER ORDERED that defendant's motion for summary judgment is granted as to the January 31, 1992 memorandum (with enclosures).
IT IS FURTHER ORDERED that damages under 5 U.S.C. § 552a(g)(4) are not warranted since the Privacy Act provisions do not apply and that refusal to comply with an individual's request for access to records under § 552(a)(d)(1) does not allow for statutory damages in a suit under 5 U.S.C. § 552a(g)(1)(B).
The parties are directed to meet with Magistrate Heckman regarding plaintiff's request for attorneys' fees under 5 U.S.C. §§ 552(a)(1)(E) and 552(g)(3)(B).
IT IS SO ORDERED.
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
Dated: October 1, 1993