UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS 

 Case No. 3:19md2885 

LIABILITY LITIGATION 

This Document Relates to the Cases 

Identified on Exhibit A1 through A4 of 

Plaintiffs’ Motion, ECF No. 3652 

 

Judge M. Casey Rodgers 

Magistrate Judge Hope T. Cannon 

PRIVACY ACT ORDER NO. 46 

This matter is before the Court on the Plaintiffs’ motion for an order 

authorizing complete disclosure of certain confidential information in the custody, 

control, or possession of the Department of Defense, Defense Logistics Agency, and 

the United States Army, Navy, Marine Corps, Air Force, and/or Coast Guard for use 

in the above-captioned litigation. Disclosure of this information is governed by the 

Privacy Act, 5 U.S.C. § 552a, which, inter alia, allows federal government agencies 

to release records maintained on individuals “pursuant to the order of a court of 

competent jurisdiction.” See 5 U.S.C. § 552a(b)(11). Requests for court orders 

under § 552a(b)(11) are evaluated by balancing the need for disclosure against any 

potential harm from disclosure. 

Applying this principle to this case, the Court finds that the records sought by 

Plaintiffs are relevant to the claims and defenses in this litigation and that any 

Privacy Act concerns are outweighed by the need for disclosure. More specifically, 

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the information contained in the records is highly relevant to the issues of causation 

and damages as it will assist the parties in evaluating whether and when each 

servicemember began experiencing hearing problems, the extent of any hearing 

problems, and whether the hearing problems are connected to noise exposure during 

military service. The privacy concerns are especially minimal here as the individual 

servicemembers themselves are requesting that these records be disclosed. On 

balance, the Court finds that disclosure of the records requested is appropriate under 

5 U.S.C. § 552a(b)(11). 

Accordingly, it is ORDERED that: 

1. Plaintiffs’ Unopposed Motion to Authorize Disclosure of Military 

Records, ECF No. 3652, is GRANTED. 

2. Plaintiffs’ Motion for Leave to File Under Seal Exhibits to their 

Amended Motion, ECF No. 3653, is GRANTED. 

3. The Clerk is directed to maintain Exhibits A1 through A4 to Plaintiffs’ 

motion, ECF No. 3652-2, UNDER SEAL. 

4. Privacy Act Order No. 45 dated January 20, 2023, ECF No. 3634, is 

VACATED. The Clerk is directed to enter this Order in its place.1

 

1

 The Court has been advised that the Department of Defense and Department of Justice 

required an updated Touhy request letter from the Plaintiffs, which will replace the previously 

submitted Touhy letter. See United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). 

Accordingly, Privacy Act Order No. 45, see ECF No. 3634, also needs to be replaced. 

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5. The Department of Defense, Defense Logistics Agency, and the United

States Army, Navy, Marine Corps, Air Force, and Coast Guard are

authorized to produce all records maintained on the individuals

identified on Exhibit A1 through A4 to Plaintiffs’ motion, ECF No.

3652-2, that are responsive to Plaintiffs’ accompanying Touhy request,

in unredacted form, to be used solely for the purposes of this litigation

and not otherwise.

6. All records obtained from the Department of Defense, Defense

Logistics Agency, and the United States Army, Navy, Marine Corps,

Air Force, and Coast Guard pursuant to this Order are hereby

designated as “Confidential Information,” as that term is defined in

Pretrial Order No. 9, Stipulated Order Governing Confidentiality and

Privilege, ECF No. 442. The parties may not further disclose the

information contained in the records except as provided in Pretrial

Order No. 9.

SO ORDERED, on this 2nd day of February, 2023. 

_______________________________________

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

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