Free Motion for Protective Order - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 263

Filed 04/26/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTH STAR ALASKA HOUSING CORP., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No.

98-168C

(Judge Allegra)

DEFENDANT'S UNOPPOSED SECOND MOTION FOR A PRIVACY ACT PROTECTIVE ORDER, AND REQUEST FOR EXPEDITED CONSIDERATION Defendant requests that the Court enter a Privacy Act Protective Order, pursuant to 5 U.S.C. § 552a(b)(11), to permit the release of performance evaluations of a Federal employee. Plaintiff has requested that we produce the 2000, 2001, and 2002 performance appraisals of Connie Kiser, Housing Manager Assistant for the Department of the Army at Fort Wainwright, Alaska. have identified Senior System Civilian Evaluation Reports pertaining to Ms. Kiser for the periods November 1, 1999, through October 31, 2000; November 1, 2000, through October 31, 2001; and November 1, 2001, through October 31, 2002. To protect against We

any violation the Privacy Act, specifically 5 U.S.C. § 552a(a)(4), which defines a "record" as including "employment history," we request that the Court enter an order, pursuant to 5 U.S.C. § 552a(b)(11), permitting defendant to produce those reports, with Ms. Kiser's Social Security Number redacted. Prompt entry of an order authorizing defendant to disclose those Evaluation Reports would facilitate the conduct of

Case 1:98-cv-00168-FMA

Document 263

Filed 04/26/2005

Page 2 of 3

discovery in this action.

Defendant, therefore, requests that

the attached Second Privacy Act Protective Order and Acknowledgment of Second Privacy Act Protective Order, be adopted and ordered by the Court. Because the Court has ordered

plaintiff to complete depositions by May 6, 2005, some of which may cover information contained in the Evaluation Reports, defendant requests expedited consideration of this motion. Counsel for plaintiff has represented to counsel for defendant that plaintiff consents to this motion and to the contents of the proposed Protective Order. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/David M. Cohen DAVID M. COHEN Director

OF COUNSEL WILLIAM. M. EDWARDS Assistant District Counsel United States Army Corps of Engineers Alaska District

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0361 Facsimile: (202) 514-7965 Attorneys for Defendant 2

April 26, 2005

Case 1:98-cv-00168-FMA

Document 263

Filed 04/26/2005

Page 3 of 3

Certificate of Filing I hereby certify that on April 26, 2005, a copy of the foregoing Defendant's Unopposed Second Motion For A Privacy Act Protective Order, And Request for Expedited Consideration was filed electronically. I understand that notice of this filing

will be sent to all parties by operation of the Court's electronic filing system. the Court's system. Parties may access this filing through

s/Timothy P. McIlmail