Alejandro Rodriguez v. James Hayes et al

Filing 78

STIPULATED PROTECTIVE ORDER CONCERNING ROSTER OF DETAINEES by Judge Terry J. Hatter, Jr. (See attached Stipulated Protective Order for further infromation). (jp)

1 PETER J. ELIASBERG (SBN 189110) Email: [e-mail] 2 AHILAN T. ARULANANTHAM (SBN 237841) Email: [e-mail] 3 ACLU FOUNDATION OF SOUTHERN CALIFORNIA 1313 West Eighth Street 4 Los Angeles, CA 90017 Tel: [phone] Fax: [phone] Attorneys for Petitioner (Additional counsel listed on following page) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 6 /// 2 7 /// 2 8 /// UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ALEJANDRO RODRIGUEZ, et al., ) ) Petitioners, ) ) ) v. ) ) TREY LUND, et al., ) ) Respondents. ) ______________________________ ) No. CV 07-3239-TJH (RNBx) [PROPOSED] STIPULATED PROTECTIVE ORDER CONCERNING ROSTER OF DETAINEES Honorable Terry J. Hatter

1 Additional counsel: 2 JUDY RABINOVITZ AMERICAN CIVIL LIBERTIES FOUNDATION 3 IMMIGRANTS' RIGHTS PROJECT 125 Broad Street, 18th Floor 4 New York, NY 10004 Telephone: [phone] Facsimile: [phone] 6 CECILLIA D. WANG (SBN 187782) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 7 IMMIGRANTS' RIGHTS PROJECT 39 Drumm Street 8 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] 10 JAYASHRI SRIKANTIAH (SBN 189566) STANFORD LAW SCHOOL 11 IMMIGRANTS' RIGHTS CLINIC Crown Quadrangle 12 559 Nathan Abbott Way Stanford, CA 94305-8610 13 Telephone: [phone] Facsimile: [phone] 14 STEVEN A. ELLIS (SBN 171742) 15 WILLIAM TRAN (SBN 245104) BRIAN K. WASHINGTON (SBN 248960) 16 SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 17 Los Angeles, California 90013-1010 Telephone: [phone] Facsimile: [phone] 19 20 21 22 23 24 25 2 6 /// 2 7 /// 2 8 ///

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IT IS HEREBY ORDERED that Respondents are authorized and ordered to

2 produce to Petitioners' counsel, subject to the instant protective order, a roster of 3 the names, alien numbers, locations, and attorney contact information, if any, for 4 all immigration detainees detained for six months or longer in the Central District 5 of California. This information will be obtained by searching government 6 computer systems. The production shall occur within seven (7) court days of entry 7 of this order and an order certifying the class.1 This information may be released 8 to Petitioners' counsel without Respondents obtaining prior written consent of 9 those individuals whose names and other identifying information may be present in 10 that production. Such disclosure is subject to the following conditions: 11 1. The terms of this Stipulated Protective Order will govern 12 Respondents' entire production of information regarding the names, alien numbers, 13 locations, and attorney contact information, if any, for all immigration detainees 14 detained for six months or longer in the Central District of California, as well as 15 the safeguarding of such information by all individuals referenced in paragraph 5. 16 17 2. Respondents' production of the names, alien numbers, locations, and 18 attorney contact information, if any, for all immigration detainees detained for six 19 months or longer in the Central District of California is appropriately deemed 20 "Confidential" information, as defined infra at paragraph 3. Such "Confidential" 21 information is subject to the restrictions of this Protective Order and may be used 22 solely for purposes of this litigation. 23 24 25 26 27 28
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Petitioner believes that the Court should order production of this information regardless of whether or not it certifies the class, because Petitioner believes the Court's minute order of Monday, March 22, 2010 requires production of this information regardless of whether or not the class is certified. Respondents, however, believe that, consistent with Respondents' position on this matter, the Court expressed its intent at the March 22, 2010 status conference to certify the class prior to requiring disclosure of the information at issue in this order. The parties request that the Court clarify this issue (unless it is rendered moot by entry of an order certifying the class prior to entering this protective order). 1

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3.

"Confidential" is defined as any information contained in the roster of

2 names and other information to be produced by Respondents, the use of which 3 would allow the identification of the person to whom the information relates. 4 "Confidential" information includes the names, alien numbers, or any other 5 identifying information which would allow the identification of the person to 6 whom the information relates. 7 4. Respondents will affix to the production of any "Confidential" 8 information the words "CONFIDENTIAL" "THIS DOCUMENT IS SUBJECT TO 9 A COURT ORDER IN THE RODRIGUEZ, ET AL. v. LUND, ET AL., No. 10 07-cv-3239 (C.D. Cal.) CASE. THIS DOCUMENT AND ITS CONTENTS 11 SHALL NOT BE USED, SHOWN OR DISTRIBUTED EXCEPT AS PROVIDED 12 IN THE PROTECTIVE ORDER." 13 5. Information designated as "Confidential," including the document 14 containing "Confidential" information, may be disclosed only to the following 15 persons and only to the extent necessary for the prosecution of this action: 16 a. current and future counsel for Petitioners and Respondents and any 17 support staff and other employees of such counsel assisting in this action with an 18 appropriate need to know; 19 20 22 b. c. 6. the Court and its personnel, including court reporters; and any other person mutually authorized by all counsel to examine such All persons listed in Paragraph 5(a) to whom "Confidential"

21 information, subject to paragraph 7 infra. 23 information is disclosed are hereby prohibited from disclosing to, or otherwise 24 discussing with, any person other than those listed in 5(a)-(c), any information 25 designated as "Confidential," except as provided in this Stipulated Protective 2 6 Order. 7. 27 All persons listed in Paragraphs 5(c) to whom "Confidential"

28 information is disclosed shall first be required to read the terms of this Stipulated 2

1 Protective Order and sign a copy of the Acknowledgment of Protective Order 2 form, attached hereto as Exhibit A, agreeing to be bound thereby. The signed 3 Acknowledgment forms shall be maintained by counsel for Respondents. 4 8. Any filings by Petitioners with the Court which contain 5 "Confidential" information shall be made under seal, unless a release is obtained 6 from the individual to whom the "Confidential" information pertains authorizing 7 the disclosure of such information, or the "Confidential" information is 8 appropriately redacted to prevent identifying information from being disclosed. 9 9. No "Confidential" information shall be used by Petitioner at any 10 hearing, trial or appellate proceeding in this action, unless provision shall be made 11 for exclusion of the public, permission is obtained from the individual to whom the 12 "Confidential" information pertains authorizing the disclosure of such information, 13 the "Confidential" information is appropriately redacted to prevent identifying 14 information from being disclosed, or, by agreement of the parties, some other 15 reasonable provision to protect "Confidential" information has been made. Where 16 "Confidential" information is used by Petitioners at a hearing, trial or appellate 17 proceeding in this action, the appropriate portion of the Court transcript containing 18 such "Confidential" information shall be placed under seal. Such designation shall 19 be limited to those portions of the transcript the sealing of which is reasonably 20 necessary to preserve the "Confidential" information described therein. 21 22 10. Within ten (10) days of the Court's having decided that some 23 "Confidential" information relates to people who are not class members, Counsel 24 for Petitioners shall destroy the information related to non-class members, and 25 certify in writing to Counsel for Respondents that such information has been 26 destroyed. In addition, if the Parties mutually agree that some "Confidential" 27 information relates to people who are not class members, Counsel for Petitioners 28 shall destroy information related to those people within ten (10) days of their 3

1 mutual decision, and Counsel for Petitioners' shall certify in writing to Counsel for 2 Respondents that such information has been destroyed. Counsel for Petitioners 3 shall maintain all remaining "Confidential" information pursuant to the terms of 4 this Stipulated Protective Order, subject to further order by this Court. Counsel for 5 Petitioners shall notify counsel for Respondents of an inadvertent disclosure of 6 information concerning any individual who is not a class member and shall destroy 7 information related to such individuals consistent with the terms of this Paragraph. 8 9 11. Nothing in this Order shall be construed as a waiver of any defense, 10 right or claim by Respondents, nor shall this Order affect the right of Respondents 11 to seek additional protection against the disclosure of any documents or materials. 12 12. Any party may apply to this Court at any time, upon proper notice, for 13 a modification of this Stipulated Protective Order with respect to the handling or 14 designation of any document or for any other purpose. 15 13. Nothing in this Order shall preclude the disclosure of any information 16 described in paragraph 3 with respect to a detainee who consents to the disclosure 17 of that information. 18 14. This Order shall be binding upon any present or future party to the 19 Rodriguez, et al. v. Lund, et al., No. 07-cv-3239-TJH (RNBx) (C.D. Cal.), 2 0 litigation. 21 23 24 25 26 27 28 4 It is so ORDERED. DATED: April 19, 2010 ___________________________________ HONORABLE TERRY J. HATTER, JR. Senior U.S. District Court Judge 15. This Order shall be effective and enforceable upon entry by the Court. Dated: March 30, 2010 22 Dated: March 30, 2010