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