raised, and in light of the abundance of briefs in this case, the Court has determined that it is able to rule on those motions without further briefing.
Also pending before the Court in Civil Action No. 92-1741 is defendant United States' motion to dismiss. Civil Action No. 92-1741 and 86-1852 arise out of the same facts, and raise substantially the same legal claims against defendant United States. Not surprisingly, the United States' motion to dismiss is also substantially the same. Accordingly, the Court resolves the motion to dismiss in No. 92-1741 in this Opinion.
Upon consideration of the entire record, the Court grants the United States' motions to dismiss; grants the OSC's motion for partial summary judgment; and grants the Treasury's motion for partial summary judgment. The Court denies the Secret Service's motion to dismiss or, in the alternative, for summary judgment; denies plaintiff's motion to show cause regarding the Secret Service documents; denies plaintiff's motion for declaratory judgment against the Secret Service; and denies plaintiff's motion for sanctions against the Secret Service. The Court also denies plaintiff's other motions for declaratory judgment and plaintiff's motions for reconsideration. Accordingly, defendants' motion for a stay of proceedings (which was filed due to the voluminous nature of plaintiff's motions) is denied as moot. Although "findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or 56," the Court nonetheless sets forth its analysis. See Fed. R. Civ. P. 52(a).
Plaintiff is an attorney who is proceeding pro se. The factual background of the case, as alleged by plaintiff, is set forth in the earlier Opinion issued in Civil Action No. 86-1852. See Mittleman v. United States Treasury, 773 F. Supp. 442 (D.D.C. 1991) (hereinafter Mittleman I). To briefly review, plaintiff, a former government employee, was terminated from her employment with the Department of the Treasury's Chrysler Loan Guarantee Board in mid-December of 1980, effective the following January. Shortly after the notification of termination, plaintiff asked the Treasury Inspector General's office to investigate concerns she had about Treasury's monitoring of the Chrysler' Corporation. She also filed a complaint about her termination, which plaintiff believed to be retaliatory, with the Office of Special Counsel. The IG's office ultimately generated a report which did not support plaintiff's concerns and, to plaintiff's surprise, cast plaintiff in a negative light. The OSC closed out plaintiff's case on November 12, 1981, finding no improprieties in Treasury's termination of plaintiff.
In 1982, plaintiff applied for a job with the Department of Commerce in the International Trade Administration Section. Although plaintiff was selected for the job, she ultimately was denied the position because a background investigation conducted by the OPM resulted in the denial of a security clearance, which was necessary for the position. The denial appeared to be caused, at least in part, by allegations of misconduct and incompetence concerning plaintiff in the IG's report. Plaintiff learned of the accusations against her, at the latest, on July 6, 1983, when she received a redacted copy of the OPM's investigative report. Plaintiff commenced her first lawsuit on June 30, 1986.
By Opinion dated August 29, 1991 ("1991 Opinion"), the Court dismissed most of the claims raised in plaintiff's complaint and first amended complaint. Mittleman I, 773 F. Supp. 442. The Court, inter alia, dismissed plaintiff's tort claims against the United States for lack of jurisdiction because plaintiff had failed to exhaust her administrative remedies. The only claims remaining were plaintiff's Privacy Act claims arising out of:
(1) the 1985 IG report distribution list which plaintiff alleges was incomplete, (2) the alleged disclosures to [columnist] Jack Anderson, (3) the alleged 1986 disclosures to [author] John Donahue, and (4) the Secret Service's exemption of plaintiff's file from the Privacy Act provisions.