Opinion
09-CV-0003 (RJD) (ALC).
March 17, 2011
ORDER
Before the Court is Plaintiffs' motion to compel the United States of America (the "Government") to produce the background investigations of Theodore Raines, a former Bureau of Prisons employee. The documents sought by Plaintiffs is protected by the Privacy Act, 5 U.S.C. § 552a. Under 5 U.S.C. § 552a(b)(11), a court of competent jurisdiction may authorize the disclosure of the information.
Mr. Raines is a defendant in this action, but he has defaulted.
Here, while the Government intends to bring a motion to dismiss, because the documents sought by Plaintiffs are relevant to the action and may be relied upon by Plaintiffs in opposing the Government's motion, I grant the motion to compel. See Laxalt v. McClatchy, 809 F.2d 885, 889 (D.C. Cir. 1987) ("The Privacy Act . . . does not create a qualified discovery privilege as that concept is generally understood, and we find no basis in the statute or its legislative history for inferring one.").