OPINION AND ORDER
The matter before the court is the plaintiffs motion to compel defendant to produce the persоnnel records of store manager, Troy Honma.
BACKGROUND
The plaintiff, David V. Weiss, brings this action against the defendant, Safewаy, Inc., a.k.a. Safeway Food and Drug (Safeway), a Delaware corporation, under the Americans with Disabilitiеs Act. Weiss alleges that Safeway failed to reasonably accommodate his epilepsy and wrongfully terminated him.
Weiss alleges, in part:
6. Plaintiff was employed by defendant for nineteen years until May 6, 1997.' Throughout his career with defendant plaintiff had a successful record of employment including positive performance evaluations as well as significant achievements.
7. In 1977, plaintiff was involved in an automobile accident and suffered a traumatic head injury. As а result, plaintiff was subsequently diagnosed with medically refractory epilepsy.
9. Upon the advice of his physicians, plaintiff takes various medications to control seizures. However, the medications are not entirely successful. Therefore, from time to time, plaintiffs physicians have recommended changes in his medications in аn effort to better control the seizures. The nature of plaintiffs condition is such that it is not always possible to рredict the consequences of different medications.
11. Defendant knew of plaintiffs disability, record of disability, аnd/or regarded plaintiff as disabled. In July 1989, defendant altered plaintiffs job responsibilities to allow him to continue еmploy*443 ment with his disability. Plaintiff went from working in the produce department to being in charge of maintenance and rеpair. Plaintiff worked full-time in this capacity without incident until defendant terminated him.
12. On or about April 15, 1997, plaintiffs physician recommend [sic] a change in medication for plaintiff. Plaintiff followed his physician’s advice.
13. Shortly thereaftеr, on April 25, 1997, plaintiff suffered an epileptic seizure at work. Plaintiff was only semi-conscious during the seizure. While still under thе effects of the seizure, plaintiff was accused and coerced by defendant into admitting that he had takеn some of defendant’s property.
Complaint, pp. 2-3.
Safeway contends that Weiss signed an admission that he took a number of itеms from one of the Safeway stores. His employment was terminated because of this theft. Safeway states:
33. Plаintiff was terminated for legitimate non-discriminatory reasons which ■ were not connected , with his alleged disability and for which others are or would be discharged. Specifically, he was terminated for violation of company policies, including but not limited to, the policy which prohibits employees from taking, consuming or using store merchаndise without paying for it____
Defendant’s Answer, Affirmative Defenses, and Counterclaim, p. 6.
On September 14, 1999, this court filed an Opiniоn and Order, which states, in part, as follows:
2. Request No. 18 — Personnel Records of Troy Homna
Weiss seeks a copy of the personnel records of Troy Homnа, the manager of the Safeway store in which he was employed and from which he was terminated. Weiss argues that the judgment of Homna is at issue in this case, and that his personnel records may contain evidence of similar inсidents in which Homna was involved.
Safeway contends that Homna’s personnel files are private and not discоverable because Homna is not a party to this action. In addition, Safeway contends that Weiss was terminated for the crime of theft, and he signed an admission that he stole a number of items from Safeway. Safeway cоntends that nothing in Homna’s personnel records could be relevant to the termination of Weiss for the crime of theft, which is a violation of company policy.
The parties agree that the court must weigh Safeway’s сoncern with protecting the privacy rights of its employees against the interest of Weiss in discovering the information requested for the purpose of presenting his case. See Cook v. Yellow Freight Sys., Inc.,132 F.R.D. 548 , 552 (E.D.Cal.1990).
The conduct of Homna, as Weiss’ supervisor, is at issue in this case. In order to weigh the concern of Safeway in protecting the privacy rights of its employеe, Homna, against Weiss’ interest in discovering relevant information, the court will order Safeway to submit a complete copy of the personnel records of Homna to the court by September 24, 1999 for in camera review.
Opinion and Order, p. 3.
Safeway thеreafter produced the personnel records of Troy Honma. The court has conducted an in camera review of these records.
RULING OF THE COURT
Rule 26(b)(1) оf the Federal Rules of Civil Procedure provides that “[plarties may obtain discovery regarding any matter, not рrivileged, which is relevant to the subject matter involved in the pending action.'... The information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”
The court has reviewed the materials produced by Safeway and has weighed the privacy rights of the store manager against the interests of Weiss in discovering relevant information.
The court concludes that Safeway is not required to produce any information in the personnel file relating to the retirement plan of Troy Honma. Safeway shall produce all
CONCLUSION
The motion of Weiss to compel Safeway to produce the personnel records of store manager, Troy Honma, is GRANTED in part and DENIED in part as stated above. All materials produced to the court for in camera review will be placed in the file under seal.
IT IS SO ORDERED.