Debry

ORDER

The matter before the Court is the Motion to Dismiss Or, in the Alternative, for Summary Judgment (“Motion”), filed by Defendants Department of Homeland Security and Janet Napolitano (collectively, “DHS”). (Doc. #3).

I. Background

On August 4, 2009, Plaintiffs initiated this action by filing the Complaint in this Court. (Doc. # 1). Pursuant to the Administrative Procedures Act (“APA”), Plaintiffs seek review of a final decision by the DHS denying Plaintiffs’ request to depose a DHS employee in a separate state court action.

A. Allegations of the Complaint

Plaintiffs are former correctional officers who were employed at the San Diego Correctional Facility (the “Facility”) by the Corrections Corporation of America (“CCA”). CCA is a private company which operates pursuant to contracts with, among others, the Immigration and Customs Enforcement, which is a component of the DHS. On December 7, 2006, while Plaintiffs were on duty, a violent assault on an inmate occurred in the “D-Unit” of the Facility “as a result of [CCA’s] pattern and practice of inadequately staffing its prison units.” (Doc. #1 ¶ 8). Plaintiffs were immediately placed on administrative leave. The DHS’s…