United States of America v. Jasmin Becker

Filing 38

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 37 . [NOTE CHANGES MADE BY THE COURT] (see document for details) (hr)

2:18-cv-02049-GW-AGR Document 37-1 Filed 02/19/19 Page 1 of 8 Page ID #::~47

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JOSEPH H. HUNT
Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director, District Court Section
Office ofImmigration Litigation
TIMOTHY M.BELSAN
Chief
National Security &Affirmative Litigation Unit
AARON R.PETTY
Counsel for National Security,IL Bar 6293553
U.S. Department ofJustice, Civil Division
Office ofImmigration Litigation
District Court Section
219 S. Dearborn St, 5th Floor
Chicago, IL 60604
Telephone:
[phone]
Facsimile:[phone]
E-mail: [e-mail]

.... ,

13 Counsel
for the United States ofAmerica
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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17 UNITED STATES OF AMERICA,

No.: 2:18-cv-02049 GW(AGI~)

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Plaintiff,

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vs.
21 JASMINE BECKER,
a/k/a Simin Nourian,
22 alk/a Simin Faraji,
23 alk/a Yasemin Forouji,
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Defendant.

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[
PROPOSED]P RI VA CY A CT PROTECTI VE ORD ER 1

B~PRIVACY ACT
PROTECTIVE ORDER

e 2:18-cv-02049-GW-AGR Document 37-1 Filed 02/19/19 Page 2 of 8 Page ID #:

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In the course of discovery, plaintiff, UNITED STATES OF AMERICA

2 (
"Plaintiff') and defendant, JASMINE BECKER a/k/a Simin Nourian, a/k/a Simi
3 Faraji, a/k/a Yasemin Forouji ("Defendant") (collectively referred to as th
Parties")anticipate the production ofdocuments containing identifying informatio
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5 relating to third parties not participating in this lawsuit. This identifying informatio
6 is contained within various agency records and databases, including individual alie:
iles, some of which are in the possession, custody, and control of Plaintiff an
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8 Plaintiff's counsel. Plaintiff agrees to produce to Defendant and Defendant'.
9 counsel records relating to Defendant, and(where appropriate and allowable by law:
10 third parties, subject to entry ofthe following protective order, in accordance with
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the Privacy Act of 1974,5 U.S.C. § 552a,to which the Parties have stipulated.
WHEREFORE, at the request of counsel for Plaintiff and counsel fo:

13 ~ Defendant,
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IT IS HEREBY ORDERED that in accordance with the terms ofthis Priv

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Act Protective Order, pursuant to 5 U.S.C. § 552a(b)(ll), Plaintiff is authorized

16 release to counsel for Defendant, and the Court in this case, discovery containi
17 unredacted identifying information of third parties, without obtaining prior writ
18 consent of third parties whose names, addresses, birth dates, and other identify
19 information may be present in such documents. Such disclosure is subject to ~
ollowing conditions:
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1. The Parties agree that the terms of this Protective Order will govern ~

22 entirety of any passport file, any alien registration file, any law enforcement reps
23 or any other discovery that contains Privacy Act material, as well as any copies
24 summaries made therefrom and any information derived therefrom, including a
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materials that have been previously produced in discovery or will be produc

2 through any further discovery taken in this case.
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2 To the event that any documents or records to be provided by the
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28 government contain third-party names addresses, birth dates,or any other

[
PROPOSED]PRIVACY ACT PROTECTIVEORDER 2

2:18-cv-02049-GW-AGR Document 37-1 Filed 02/19/19 Page 3 of 8 Page ID #:

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information (i.e., information the use of which would allow the identification of thf

2 ~, person to whom the information relates), such identifying information shall bE
3 deemed confidential (in the ordinary sense)and protected by this Protective Order
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All such Privacy Act information is subject to this Protective Order and may be uses

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solely for the purposes ofthis litigation.

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3. Counsel for Plaintiff shall designate documents containing confidenti

7 information as confidential by placing the phrase"CONFIDENTIAL-SUBJECT T
8 PROTECTIVE ORDER IN CASE NO. 18-CV-2049" or the following label, or t~
9 substantial equivalent ofeither, on them or on any copies thereof, or any cover
10 thereon:
CONFIDENTIAL: SUBJECT TO PROTECTIVE ORDER
THIS DOCUMENT IS SUBJECT TO ACOURT ORDERIN THE UNIT
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STATES V. BECKER CASE (18-CV-2049). THIS DOCUMENT AND
13 CONTENTS SHALL NOT BE USED,SHOWN OR DISTRIBUTED EXCEPT
14 PROVIDED IN THE PROTECTIVE ORDER.
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4 Protected information may be disclosed only to the following persons
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16 only to the event necessary for the litigation ofthis action:
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A. Counsel for Plaintiff, Plaintiff, counsel for Defendant, Def
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and any support staff of such counsel assisting in this action;
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B. The Court and its personnel, including court reporters;

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C. Individuals whose testimony is contemplated or actually taken i

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this action, but only to the event necessary to elicit testin

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concerning the subject matter of information or records prod

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subject to this Protective Order;

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D. Expert witnesses or consultants retained by Plaintiff or Defendant;

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E. A mediator selected by the Parties;

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F. Personnel and students of the UCLA School of Law Cri

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Defense Clinic;

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[
PROPOSED]PRIVACYACT PROTECTIVEORDER 3

2:18-cv-02049-GW-AGR Document 37-1 Filed 02/19/19 Page 4 of 8 Page ID #:

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G. The author ofthe document or the original source ofthe informat~
and

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5. Upon the signing of this Order by the Court, redactions made by coun~

or
5 f Plaintiff, if any, to the documents marked "CONFIDENTIAL- SUBJECT T
6 PROTECTIVE ORDER IN CASE NO. 18-cv-2049" will not be made for t]
7 purpose of protecting the privacy of third parties who may be identified in
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discovered material. The Parties reserve the right to file a motion to compel for

9 redacted information.
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6. All persons listed in P aragraph 4(A)above to whom identifying inforn

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is disclosed are hereby prohibited from disclosing to, or otherwise discussing

-(F) above, any confid
12 any person other than those listed in Paragraph 4(B)
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information, except as provided in this Protective Order.
7 All persons listed in Paragraphs 4(C)and(D)above,to whom i
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information is disclosed, shall first be required to read the terms of this

16 Order and sign a copy ofthe Acknowledgement ofProtective Order form,
17 hereto as E~ibit A, agreeing to be bound thereby. The signed Acknowle
orms shall be maintained by counsel for P laintiff or counsel for Defendant.
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8 This Order does not, by itself, authorize the filing ofany document unde
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2 seal. Any party wishing to file a document containing information covered by thi
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Order must comply with all applicable local rules and standing orders concernin;

iling documents under seal.
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9 To the event that third-party identifying information is discussed in
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2 course ofa deposition, such confidential information must be designated as such
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so indicating on the record at the deposition, and the relevant portions of

2 deposition transcript shall be placed under seal, unless a release is obtained from
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2 individual to whom the identifying information pertains, authorizing the disclos
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[
PROPOSED]PRIVACYACT PROTECTIVEORDER 4

C se 2:18-cv-02049-GW-AGR Document 37-1 Filed 02/19/19 Page 5 of 8 Page ID #: 51

"
(leis o rc~,e r does not

vern t~'i'a..E,• ~o`~-fu.
,rVtp-h'co-v~. ~r

iI(l r►~vta:t-~' ~2.. c1~4- ~t~r'~'

► v~.~~;s
~' er~,'aG

~-p~- a ~lffi'u'~v~.t

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11. Due to the highly sensitive nature of information regarding third-partie

12 that may be produced, such protected documents or information shall not be used t
13 contact or attempt to contact third-parties named in the documents subject to th
14 Protective Order for any purpose, absent the egress authorization of the Court.
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12. Inadvertent disclosure of any document or other information durin

16 discovery in this actions shall be without prejudice to any claims that such materia
17 is confidential, privileged, or otherwise protected from discovery within the meanie
18 of Federal Rule of Civil Procedure 26, and no party to this Protective Order shall b
19 held to have waived any rights by such inadvertent disclosure. Any document o
2 information so produced and subject to a subsequent claim of privilege, wor
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product or other protection, including protection under this Protective Order, sha

22 be returned immediately to the appropriate party, and such document or informatio
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shall not be introduced into evidence in this or any other proceeding by any perso

2 without either (i) the consent of said party, or (ii) Order of the Court; nor will suc
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25 document or information be subject to production (other than in camera) in an
2 proceedingby virtue of the fact that it was inadvertently produced in this proceeding
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13. Within thirty (30) days of the final conclusion of this litigation, includin

28 any appeals, counsel for Defendant shall collect all documents produced pursuant

[PROPOSED]PRIVACYACTPROTECTIVEORDER 5

2:18-cv-02049-GW-AGR Document 37-1 Filed 02/19/19 Page 6 of 8 Page ID #:~52

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this Protective Order that contain third-party identifying information, as well as any

2 copies thereof, or any information and notes derived therefrom,and shall return such
3 documents to counsel for Plaintiff pursuant to the terms of this Protective Order.
4 ~ Alternatively, counsel for Defendant shall destroy said documents by shreddin
5 ~ them and provide counsel for P laintiff with verification of destruction within
30)
6 ( days ofthe final conclusion ofthis litigation, including any appeals.
14. Agreement to this Protective Order does not waive any rights ofany part;

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8 to assert a claim of privilege as to these or similar documents. Nothing in thi
9 agreement shall be construed to limit the rights of any party to produce docume:
10 or other information that has been redacted to prevent disclosure of informati
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protected by the law enforcement privilege, deliberative process privile~

12 confidential informant privilege, attorney-client privilege, work product doctrine,
13 any other applicable privilege or limitation on disclosure. Where documents or ot~
14 information has been redacted or withheld, counsel shall designate in writing t
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privilege and/or other basis for the redaction or withholding.
15. Nothing in this agreement shall be construed as waiving any party's righ

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17 to object to the assertion of any privilege, doctrine, or statute and/or moving t~
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compel production of the information, records, or documents withheld pursuant t~

19 them.
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16. Nothing in this agreement constitutes a ruling upon any objection to
production of documents.
17. Nothing in this agreement shall be deemed to restrict in any manner the
use by any party of its own documents or materials.
18. Nothing in this agreement shall affect the right of any party to seek
additional protection against the disclosure of documents or materials.
19. Defendant may seek written consent authorizing the release ofinformation

rom her family as it relates to their third-party information (Privacy Act Waiver).
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[
PROPOSED]PRIVACYACTPROTECTIVEORDER 6

2:18-cv-02049-GW-AGR Document 37-1 Filed 02/19/19 Page 7 of 8 Page ID #:~53

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Waiver shall be governed by the terms of the Privacy Act Waiver executed by

2 third-party.
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20. Any party may apply to this Court at any time, upon proper notice, for <

4 modification of this Protective Order with respect to the handling or designation o
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any document or for any other purpose.

party to the Unites
°~ ob~QC~i
7 States v. JasmineBecker(18-cv-2049)litigatio~'~~ t.e.d in a"b~'~ A.vtt~ ~u..tu,r~
, -f,~ ~~ Ceu.r~ i
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22. This order shall be effective and enforceable upon its signature by thf
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21. This order shall be binding upon any present ~~

9 Court.
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Dated: 2 ~ ~q ~ 20!q
I~

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[
PROPOSED]PRIVACYACT PROTECTIVEORDER 7

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2:18-cv-02049-GW-AGR Document 37-1 Filed 02/19/19 Page 8 of 8 Page ID #:

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
I,

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[print or type full name],of
[print or type full

4 address], declare under penalty of perjury that I have read in its entirety and
5 understand the stipulated Protective Order that was issued by the United States
6 District Court for the Central District of California in the case of United States v.
7 Jasmine Becker(18-cv-2049),and I agee to comply with and to be bound by all
8 the terms ofthe Protective Order and I understand and acknowledge that failure to
9 so comply could e~ose me to sanctions and punishments in the nature of
10 contempt. I solemnly promise that I will not disclose in any manner any
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information or item that is subject to this Protective Order to any person or entity

12 except in strict compliance with the provisions ofthe Protective Order.
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I further agree to submit to the jurisdiction ofthe United States District

14 Court for the Central District ofCalifornia for the purpose ofenforcing the terms
15 ofthis Protective Order,even if such enforcement proceedings occur after
16 termination ofthis action.
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I hereby appoint

[type or print full

18 name]of
type or print full address and telephone number]as my California agent for
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2 service of process in connection with this action or any proceedings related to
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enforcement ofthis Protective Order.

22 Dated:
23 City and State where sworn and signed:
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25 Printed Name:
2 Signature:
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[
PROPOSED]PRIVACY ACT PROTECTIVEORDER 8