Javier De Santiago-Perez v. Jefferson B. Sessions III

Filing 21

JOINT STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 20 . (See Order for details) (bem)

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1 2 3 4 5 6 7 8 9 CHAD A. READLER Acting Assistant Attorney General Civil Division DOUGLAS E. GINSBURG Assistant Director BENJAMIN MARK MOSS TIMOTHY BO STANTON ENITAN O. OTUNLA Trial Attorneys Office of Immigration Litigation P.O. Box 878, Ben Franklin Station Washington, DC 20044 Telephone: (202) 307-8675 Facsimile: (202) 305-1590 benjamin.m.moss2@usdoj.gov Attorneys for Respondent UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 JAVIER DE SANTIAGO-PEREZ Petitioner, vs. JEFFERSON B. SESSIONS III, U.S. Attorney General, Respondent. ) ) ) ) ) ) ) ) ) Case No.: 2:17-cv-03790-CJC-JPR JOINT STIPULATED PROTECTIVE ORDER The Honorable Jean P. Rosenbluth 17 18 The Court, having reviewed the parties’ joint stipulated protective order, 19 finds good cause for entering such an order. It is therefore ORDERED that the 20 following procedures, to which the parties have agreed, shall govern this action 21 and shall remain in effect beginning the date this order is issued through the 22 23 conclusion of this action, including any appeals, unless modified by the Court: 24 In the course of discovery, the parties anticipate producing documents 25 containing personally identifiable information; that is, information the use of which Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 1 1 would allow the identification of the person to whom the information relates 2 (“PII”) relating to third parties not participating in this action. This PII may be 3 within various agency records, documents, and databases, some of which are in the 4 possession, custody, and control of Respondent, Respondent’s agents, and 5 6 Respondent’s counsel. Respondent agrees to produce to Petitioner certain 7 unprivileged, unredacted records relating to Petitioner and (where appropriate) 8 third-parties, subject to entry of this protective order, in accordance with the 9 Privacy Act of 1974, 5 U.S.C. § 552a, to which the parties have stipulated. 10 11 12 13 At the request of counsel for Petitioner and Respondent (“the parties”), and in accordance with the terms of this Privacy Act protective order, under 5 U.S.C. § 552a(b)(11), Respondent is authorized to release to Petitioner, Petitioner’s 14 15 counsel, and the Court in this case, discovery containing unredacted PII of third 16 parties, without obtaining prior written consent of third parties whose names, 17 addresses, birth dates, and other PII may be present in such documents. Such 18 disclosure is subject to the following conditions: 19 20 1. The parties agree that this protective order will govern all documents, 21 including alien registration files (“A files”), law enforcement reports, probation 22 and pre-sentencing reports, and any other discovery that contains Privacy Act 23 material, as well as any copies or summaries made thereof and any information 24 25 Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 2 1 2 3 derived therefrom, including any materials produced in discovery or will be produced through any further discovery taken in this case. 2. The parties anticipate that records to be provided by the federal 4 Government will contain PII, including but not limited to: third-party names, 5 6 addresses, birth dates, social security numbers, alien numbers, and other 7 identifying information. Such PII shall be deemed confidential and protected by 8 this protective order and may be used by non-Government recipients solely for 9 purposes of (and may not be disclosed outside of) this litigation, as further 10 11 12 13 addressed below. 3. The parties also anticipate that records to be provided by the federal Government may contain law-enforcement-sensitive materials (“LES materials”); 14 15 that is, materials which Respondent may believe are protected by the law 16 enforcement privilege and/or contain sensitive or confidential matters which would 17 jeopardize law enforcement objectives and law enforcement techniques if disclosed 18 to the general public, such as investigative reports and other information. 19 20 Respondent is authorized to disclose LES materials to Petitioner, subject to this 21 protective order. Any LES materials disclosed to Petitioner shall be deemed 22 confidential and protected by this protective order, may not be disclosed other than 23 as provided in this protective order, and may be used solely for purposes of this 24 25 litigation, as further addressed below. Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 3 1 4. Protected information, defined to include all materials referenced in 2 paragraphs 1-3 of this protective order, may be disclosed only to the following 3 persons and only to the extent necessary for the prosecution or defense of this 4 action: 5 6 (a) Counsel for Petitioner, Petitioner, counsel for Respondent, 7 Respondent, and any support staff (including any interpreters or translators) 8 of such counsel assisting in this action; 9 (b) This Court and its personnel, including court reporters; 10 (c) Individuals whose testimony is contemplated or actually taken in 11 12 13 this action and their counsel, but only to the extent necessary to elicit testimony concerning the subject matter or authenticity of information or 14 15 records produced subject to this protective order; (d) Expert witnesses, consultants, retained by Petitioner or 16 17 Respondent for purposes of this proceeding; 18 (e) The author of the document or the original source of the 19 20 information; and (f) Any Court of Appeals and its personnel, in the event of an appeal. 21 22 5. All persons listed in Paragraph 4(a) above to whom protected 23 information is disclosed are hereby prohibited from disclosing to, or otherwise 24 25 Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 4 1 2 3 discussing with, any person other than those listed in 4(b)-(f) above, any protected information, except as provided in this protective order. 6. All persons listed in Paragraphs 4(c) and (d) above, to whom 4 protected information is disclosed, shall first be required to read this protective 5 6 order and sign a copy of the acknowledgment form, attached as Exhibit A, 7 agreeing to be bound thereby. The signed acknowledgment forms shall be 8 maintained by Petitioner’s counsel or Respondent’s counsel. 9 7. To the extent that third-party PII, or PII about a witness (including 10 11 information concerning, for instance, medical information, personnel information, 12 or information which, if it had been in a written record, would be covered by the 13 Privacy Act), is discussed in the course of a deposition, such confidential 14 15 information must be designated as such by indicating on the record at the 16 deposition. Before attaching to pleadings or otherwise submitting to the Court any 17 portions of a deposition transcript containing information designated as 18 confidential, the parties shall either redact the confidential information or seek 19 20 permission to file it under seal, unless a release is obtained from the individual to 21 whom the identifying information pertains, authorizing the disclosure of such 22 information without these protections. Additionally, such information shall not be 23 disclosed outside of this litigation except as provided by this protective order. 24 25 Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 5 8. 1 Nothing in this protective order impedes the rights of any party to 2 assert, and/or object to, a claim of any privilege, or to redact those portions of any 3 materials which the party may believe are privileged from disclosure. In the case 4 of any such redactions, the producing party shall identify the location of and basis 5 6 for any redactions in a privilege log disclosed to the other party. If either party 7 believes that any materials were improperly redacted, the parties shall first confer 8 in good faith, and if the conferral process is unsuccessful, may apply to the Court 9 for assistance resolving any such disagreement, in accordance with this Court’s 10 11 12 13 rules. 9. Under Federal Rule of Evidence 502, the parties agree, and this Court orders, that inadvertent disclosure of any document or any other information 14 15 during the pendency of this case shall be without prejudice to any claims that any 16 or all such material is confidential, privileged, or otherwise protected from 17 discovery within the meaning of Federal Rule of Civil Procedure 26, or any 18 relevant law, and no party to this protective order shall be held to have waived or 19 20 forfeited any rights by such inadvertent disclosure. Any document or information 21 so produced and subject to any subsequent claim of privilege, work-product or any 22 other protection whatsoever, including protection under this protective order, shall 23 be returned promptly to the requesting party, and such document or information 24 25 shall not be introduced into evidence in this or any other proceeding by any person Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 6 1 without either (i) the consent of the party, or (ii) order of this Court. Nor will such 2 document or information be subject to production (other than in camera) in any 3 proceeding by virtue of the fact that it was inadvertently produced in this 4 proceeding. 5 6 10. Within thirty (30) days of the final conclusion of this litigation, 7 including any appeals, Petitioner’s counsel shall collect all documents produced 8 under this protective order that contain third-party PII or LES materials, as well as 9 any copies thereof, or any information and notes derived therefrom, and shall 10 11 return – without demand – such documents to Respondent’s counsel. 12 Alternatively, Petitioner’s counsel shall destroy the documents by shredding them 13 and provide Respondent’s counsel with verification of destruction within thirty 14 15 16 17 (30) days of the final conclusion of this litigation, including any appeals. 11. Nothing in this protective order restricts the use by any party of the party’s own information, documents, or materials. 18 12. Nothing in this protective order restricts a party’s right to use 19 20 21 22 information, documents, or materials obtained other than through discovery. 13. Nothing in this agreement restricts the right of any party to seek additional protection against the disclosure of documents or materials. 23 24 25 Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 7 14. 1 Any disclosure of information, documents, and materials related to a 2 third party who has executed a Privacy Act waiver shall be governed by the terms 3 of the Privacy Act waiver executed by the third party. 4 15. Any party may apply to this Court at any time, upon proper notice and 5 6 conferral as required by the rules of this Court, for a modification of this protective 7 order. 8 16. This protective order shall be binding upon any present and future 9 party and counsel in this civil action and any appeals. 10 11 12 13 14 DATED: January 9, 2018 _____________________________ HON. JEAN P. ROSENBLUTH U.S. MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 8 EXHIBIT A 1 2 ACKNOWLEDGEMENT AND AGREEMENT 3 I, __________________________, [print or type full name], of __________________________________________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Joint Stipulated Protective Order that was issued by the U.S. District Court for the Central District of California in the case Javier de SantiagoPerez v. Sessions, No. 2:17-cv-03790-CJC-JPR, and I agree to comply with and to be bound by all the terms of this order. I understand and acknowledge that failure to do so could expose me to sanctions in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item subject to this order to any person or entity except in strict compliance with the provisions of this order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for purpose of enforcing the terms of this order, even if such enforcement proceedings occur after termination of this action. I hereby appoint _______________________ [print or type full name], of _______________________________ [full address and telephone number] as my agent for service of process in connection with this action or any proceedings related to enforcement of this order. 4 5 6 7 8 9 10 11 12 13 14 15 16 Date: ________________ 17 18 City and State where sworn and signed: ________________________________ 19 20 Printed Name: ____________________________________________________ 21 22 Signature: ________________________________________________________ 23 24 25 Case No. 2:17-cv-03790-CJC-JPR [PROPOSED] JOINT STIPULATED PROTECTIVE ORDER - 9

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