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

Case 1:98-cv-00168-FMA

Document 244

Filed 02/16/2005

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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 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 records that contain material protected from disclosure under the Privacy Act. We attach, electronically, a

proposed protective order, and request expedited consideration of this motion. Plaintiff has served upon defendant a request to produce a "Post Services" database. That database, called the "Violation

Database," is a group of records from which information is retrieved by individuals' names. Albrecht Declaration ¶ 2. The

Violation Database is, therefore, a system of records within the meaning of the Privacy Act of 1974. See 5 U.S.C. § 522a(a)(5). Albrecht

The database also includes individuals' addresses. Declaration ¶ 2.

Both the individuals' names and addresses are protected by the Privacy Act. See United States Dep't of Navy v. Fed. Labor The Privacy

Relations Auth., 975 F.2d 348, 353 (7th Cir. 1992).

Case 1:98-cv-00168-FMA

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Filed 02/16/2005

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Act, however, permits defendants to produce such records pursuant to a court order. See 5 U.S.C. § 522a(b)(11). Prompt entry of

an order authorizing defendant to disclose the Violation Database would facilitate the conduct of discovery in this action. Defendant, therefore, requests that the attached Privacy Act Protective Order and Acknowledgment of Privacy Act Protective Order, be adopted and ordered by the Court. Because the parties

have scheduled depositions beginning February 22, 2005, some of which may cover information contained in the Violation Database, defendant requests expedited consideration of this motion. Counsel for plaintiff has represented to counsel for defendant that plaintiff consents to this motion and the contents of the order and acknowledgment. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/David M. Cohen DAVID M. COHEN Director

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Case 1:98-cv-00168-FMA

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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) 305-0361 Facsimile: (202) 514-7965 Attorneys for Defendant

February 16, 2005

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Case 1:98-cv-00168-FMA

Document 244

Filed 02/16/2005

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Certificate of Filing I hereby certify that on February 16, 2005, a copy of the foregoing Defendant's Unopposed 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