Mahoney v. Donahoe et al

Filing 50

ORDER by Chief Magistrate Judge Maria-Elena James granting 49 Stipulation and Protective Order (rmm2S, COURT STAFF) (Filed on 10/16/2012)

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Shirley Mahoney
1 Elysian PL
Oakland, CA 94605
Phone Number (51 0-418-0330)

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Shirley Mahoney, IN PRO PER

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MELINDA IIAAG (CSBN 132612)
United States Attomey
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
NEILL T. TSENG (CSBN 220348)
Assistant United States Attomey

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450 Golden Gate Avenue, Box 36055
San Francisco, Califomia 94102-3495
Telephone: [phone]
FAX: [phone]
neill. tseng@usdoj .gov

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Attorneys for Defendant
P ATRlCK DONAHOE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DMSION

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SHIRLEY MAHONEY,

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Plainti±J:~

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v.

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PATRICK DONAHOE, Postmaster General,)
United States Postal Service,
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No. C 11-00177 MEJ
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER RE EEO
COMPLAINTS AND OTHER
CONFIDENTIAL INJ{ORMATION
WHICH MAY BE .PRODUCED BY
DEFENDANT

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Defendant.
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Subject to the approval of this Court, plaintiff Shirley Mahoney, pro se, and defendant

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Patrick Donahoe, through his counsel of record in this action, hereby stipulate to the following

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protective order as follows:

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WHEREAS, plaintiff seeks the production of ce1iain documents relating to EEO
compl.aints brought against defendant and against ce1iain of defendant's employees;

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STIP. & [PROPOSED] PROTECTIVE ORDER RE EEO COMPLAINTS & OTHER CONFIDENTIAL
INFO. WHICH MAY BE PRODUCED BY DEF.
C 11-00177 ME.l

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WHEREAS, defendant considers the requested documents to be protected by the Privacy

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Act of 1974 (the '"Privacy Act"), 5 lJ.S.C. § 552a, which may not be disclosed except pursuant to

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certain conditions, one of which is "pursuant to the order of a court of competent jurisdiction,"

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5lJ.S.C. § 552a(b)(ll);

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WHEREAS, in the course of this litigation, there may be other information that the
parties consider protected or confidential and desire to produce subject to a protective order;
WHEREAS, the parties agree that entry of the following protective order is necessary in

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order to: (I) facilitate discovery of information without document by document controversy

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concerning confidentiality; (2) protect employees or fonner employees of the United States

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Postal Service from annoyance, embarrassment, oppression, or undue burden or expense

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resulting from public disclosure or use for purposes other than tllis litigation of cont1dential

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infonnation that the parties may disclose in discovery; and (3) avoid violation of the Privacy Act;

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THEREFORE, the parties jointly request that the Court enter the following stipulated
protective orderpursuant to Federal Rule of Civil Procedure 26(c).

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STIPULATED PROTECTIVE ORDER
All documents and electronically stored information produced by defendant in response

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to discovery requests made lmder the Federal Rules of Civil Procedure, or produced by defendant

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pursuant to any initial or other disclosure requirement, which are designated in writing as being

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"Produced Under Protective Order" (the "Protected Documents") shall be subject to the below-

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numbered restrictions. The Protected Documents may include but are not limited to documents

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contained within any EEO file, medical file, injury compensation file, or personnel file of any

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person.

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1..

The Protected Documents and the infom1ation contained therein shall be used

only for the purpose of this litigation and not for any otber purpose.
2.

Neither the Protected Documents nor the information contained therein shall be

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disclosed to anyone other than (a) the parties; (b) the parties' attorneys of record, if any, and the

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attorneys' staff; (c) actual or potential third-party witnesses; (d) outside experts or consultants

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ST!P. & [PROPOSED] PROTECTIVE ORDER RE EEO COMPLAINTS & OTHER CONFIDENTIAL
INFO. WHICH MAY BE PRODUCED BY DEF.

C 11-00177 MEJ

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retained by any of the parties or their counsel for purposes of this litigation; (e) the Court in

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further proceedings herein; (f) stenographic deposition reporters; and (g) other persons upon

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whom the parties mutually agree in writing.

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3.

There shall be no reproduction of the Protected Documents, except that, as

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required by the litigation, copies, excerpts, or summaries may be shown to those authorized in

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Paragraph 2.

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4.

Except as otherwise provided in Paragraphs 2 and 3, all of the Protected

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Documents shaH remain in the custody of the plaintiff or plaintiff's attomey of record, if any,

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during the pendency of the litigation.

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5.

Within 3 0 days after the final disposition of this action, plaintiff or plaintiffs

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attorney of record, if any, shall return all of the Protected Documents, including copies, extracts

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or summaries thereof: to defendant's counsel of record or destroy such materiaL "Final

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disposition" shall be deemed to be the later of ( 1) dismissal of all claims and defenses in this

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action, with or without prejudice; or (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time

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limits for filing any motions or applications for extension of time pursuant to applicable law.

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Whether the Protected Documents are retmned or destroyed, plaintiff or plaintiff's attorney of

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record, if any, must submit a written certification to defendant's counsel of record by the 30-day

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deadline certifying that all of the Protected Documents were returned or destroyed.

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Notwithstanding this provision, plaintiff or plaintiffs attorney of record, if any, may retain one

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archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal

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memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product,

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and consultant and expert \vork product, even if such copy contains any of the Protected

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Documents. Any such archival copy that cont.1ins any of the Protected Documents remains

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subject to this Protective Order as set forth in paragraph 6.

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6.

Even after final disposition of this litigation, the confldentiality obligations

imposed by this Protective Order shall remain in effect unless and tmtil defendant agrees

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STIP. & [PROPOSED] PROTECTIVE ORDER RE EEO COMPLAINTS & OTHER CONFIDENTIAL
1NFO. WHICH MAY BE PRODUCED BY DEF.
C 11-001.77 MEJ
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otherwise in writing or a Couti order othenvise directs.
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This Stipulation and Protective Order is without prejudice to the 1ight of any party

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to seek modification of it from the Court. It shall remain in effect until such time as it is

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modified, amended or rescinded by the Couti and shall survive termination of this action. The

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Court shall have continuing jurisdiction to modify, amend, or rescind this Stipulation and

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Protective Order notwithstanding the termination of this action.

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IT IS SO STIPULATED.

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By:

DATED:

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MELINDA HAAG
United States Attorney

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DATED:

toILt !o/1 (.,

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By:

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NEILL T. TSENG
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Assistant Ui1ited States Attorney
Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED:

October 16, 2012
HONORABLE MARIA~ELENA JAMES
UNITED STATES CHIEF MAGISTRATE JUDGE

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STIP. & [PROPOSED] PROTECTIVE ORDER RE EEO COMPLAINTS & OTHER CONFIDENTIAL
INFO. WHICH MAY BE PRODUCED BY DEF.
C ll-00177 MEJ
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