International Refugee Assistance Project et al

Filing 59

JOINT PROTECTIVE ORDER by Judge Josephine L. Staton. (tg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 INTERNATIONAL REFUGEE ASSISTANCE PROJECT, as Next Friend of JOHN DOES I–IV and JANE DOE; and JOHN DOES I–IV and JANE DOE, 14 15 Petitioners, v. 16 17 18 19 20 21 22 23 JOHN F. KELLY; Secretary, U.S. Department of Homeland Security; U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. CUSTOMS AND BORDER PROTECTION (“CBP”); KEVIN K. McALEENAN, Acting Commissioner, CBP; and MITCHELL MERRIAM, Los Angeles Field Director, CBP, Respondents. 24 25 26 27 -1- Case No. 2:17-cv-1761-JLS-AFM JOINT PROTECTIVE ORDER 1 In the Court’s Order Granting Ex Parte Application and Granting in Part and 2 Denying in Part Motion for Clarification of March 20, 2017 Order and Expedited 3 Discovery (the “April 3 Order”), (Doc. 52), the Court ordered Respondents to 4 “produce copies of all non-privileged information in Petitioners’ A-Files within 5 twenty-four hours.” (April 3 Order at 3.) In the course of complying with that 6 Order, Respondents lodged a proposed joint protective order related to the 7 production of Petitioners’ A-Files. (Notice of Lodging, Doc. 57.) 8 9 Although the proposed order is not attached to a joint stipulation as required by C.D. Cal. R. 7-1, given that both parties agree to the issuance of a protective 10 order, the Court deems the lodging of the joint protective order as a joint 11 stipulation in this instance.1 Because disclosure in this action may involve 12 production of confidential or privileged information, including information 13 protected from disclosure by the Privacy Act, 5 U.S.C. § 552a, and 8 C.F.R. § 14 208.6, the Court finds that certain categories of information should be treated as 15 confidential, protected from disclosure outside this litigation or any related or 16 derivative proceedings, in this Court or elsewhere, and used only for purposes of 17 prosecuting or defending this action, any appeals, or any further proceeding that 18 may arise out of or be related to, directly or indirectly, the pending litigation or the 19 Petitioners more generally. Such information includes personal information of 20 non-parties, disclosure of which might otherwise be prohibited by the Privacy Act 21 without a court order. 22 23 24 Therefore, pursuant to 5 U.S.C. § 552a(b)(11) and Fed. R. Civ. P. 26(c), IT IS HEREBY ORDERED THAT: 1. Respondents are ordered to release information and documents 25 responsive to the April 3 Order: “copies of all non-privileged information in 26 Petitioners A-Files.” (April 3 Order at 3–4.) This information may include 27 1 Any future joint request must comply with the Local Rules. -2- 1 information and documents retrieved from systems of records indexed under the 2 names or other identifying numbers or symbols of non-party employees and other 3 materials protected by the Privacy Act of 1974. 4 2. Petitioners shall not further disclose the records, or the information 5 contained therein, to anyone except Petitioners or persons employed by Petitioners 6 to assist in this litigation or any derivative litigation. Petitioners’ counsel shall 7 require all persons having access to any disclosed records to have read and agreed 8 to be bound by the terms of this Protective Order, and that they shall not make 9 further disclosure of the records or information contained therein unless permitted 10 11 under the terms of this Protective Order. 3. Petitioners’ counsel and all other persons provided access to the 12 records shall not use the records or the information contained therein, for any 13 purpose other than this pending litigation or any related or derivative proceedings, 14 in this Court or elsewhere, including any appeals, or any further proceeding that 15 may arise out of or be related to, directly or indirectly, the pending litigation or 16 related to Petitioners. 17 4. Respondents shall mark all documents protected by this Order as 18 “confidential,” and all documents so marked shall be deemed to fall within the 19 scope of this Order. 20 21 IT IS SO ORDERED. 22 23 Dated: April 4, 2017 24 25 26 _______________________________ Hon. Josephine L. Staton United States District Judge 27 -3-

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