De Abadia-Peixoto et al v. United States Department of Homeland Security et al

Filing 123

Order by Magistrate Judge Kandis A. Westmore granting 117 Second Stipulated Amended Protective Order.(kawlc1, COURT STAFF) (Filed on 2/7/2013)

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page1 of 15

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

UELIAN DE ABADIA-PEIXOTO, et al.,

12

Plaintiffs,

13
14
15

18

SECOND STIPULATED AMENDED
PROTECTIVE ORDER FOR
STANDARD LITIGATION

v.
UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, et al.,
Defendants.

16
17

Case No. CV 11-4001 RS

1.

PURPOSES AND LIMITATIONS
The Parties anticipate that during discovery in this action they will exchange documents,

19

items, materials, and other information that contain sensitive, confidential, proprietary, and/or

20

private information for which special protection from public disclosure and from use for any

21

purpose other than prosecuting this litigation would be warranted. Accordingly, the parties

22

hereby stipulate to and petition the Court to enter the following Stipulated Amended Protective

23

Order. Such sensitive and confidential information may include (1) certain law enforcement

24

operations, policies and procedures, methods, techniques, guidelines, and reports of internal

25

investigations that derive value from not being generally known to the public and which are the

26

subject of reasonable efforts to maintain their secrecy and confidentiality, in order to protect the

27

security interests of law enforcement officers and the integrity of law enforcement operations; (2)

28

security arrangements, security plans, practices, policies, procedures, protocols or guidelines,
Second Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-1-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page2 of 15

1

security audits or reviews, building layouts, documents reflecting architectural plans, blueprints

2

or schematics, including but not limited to floor plans or plans specific to building security

3

features, enhancements or vulnerabilities; (3) employee records, educational, medical and mental

4

health records to the extent that such materials may be highly sensitive and confidential, in order

5

to protect the privacy interests of the individuals to whom those records pertain; (4) information

6

subject to the Privacy Act (codified at 5 U.S.C. § 552a) or the official information privilege that is

7

protected from disclosure, in order to comply with the law; and (5) material containing private

8

and confidential third-party information protected by the right to privacy guaranteed in Federal

9

Constitution and the First Amendment, in order to protect the privacy interests of those third-

10

parties.

11

The parties acknowledge that this Order does not confer blanket protections on all

12

disclosures or responses to discovery and that the protection it affords from public disclosure and

13

use extends only to the limited information or items that are entitled to confidential treatment

14

under the applicable legal principles. The parties further acknowledge, as set forth in Section

15

12.3, below, that this Stipulated Protective Order does not entitle them to file confidential

16

information under seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that

17

must be followed and the standards that will be applied when a party seeks permission from the

18

court to file material under seal.

19

2.

20
21
22

DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

23

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

24

of Civil Procedure 26(c), under the Privacy Act, 5 U.S.C. § 552a, and/or HIPAA, 45 C.F.R. §

25

164.512, including confidential non-privileged information concerning members of the class

26

certified in this action and other individuals. This Order authorizes Defendants to produce

27

personally identifiable information that would otherwise be prohibited from disclosure under

28

Privacy Act, 5 U.S.C. § 552a, and/or HIPAA, 45 C.F.R. § 164.512, without presenting Privacy
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-2-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page3 of 15

1

Act or HIPAA objections to this Court for a decision regarding disclosure. Some of this

2

identifying information is likely to be contained within various law enforcement reports, agency

3

records, and databases which are in the possession, custody, and control of Defendants and

4

Defendants’ counsel. To the extent the Privacy Act and/or HIPAA allows the disclosure of

5

information pursuant to a Court order, this Order constitutes such a Court Order and authorizes

6

the disclosure of that information. However, nothing in this Order shall require production of

7

information that is prohibited from disclosure (even with the entry of this protective order) by

8

other applicable privileges, statutes, regulations or authorities by which Defendants may be

9

bound.

10
11
12
13
14

2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

well as their support staff).
2.4

Designating Party: a Party or Non-Party that designates information or items that

it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

Disclosure or Discovery Material: all items or information, regardless of the

15

medium or manner in which it is generated, stored, or maintained (including, among other things,

16

testimony, transcripts, and tangible things), that are produced or generated in disclosures or

17

responses to discovery in this matter.

18

2.6

Expert: a person with specialized knowledge or experience in a matter pertinent to

19

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

20

consultant in this action.

21
22
23
24
25

2.7

House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8

Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.
2.9

Outside Counsel of Record: attorneys who are not employees of a party to this

26

action but are retained to represent or advise a party to this action and have appeared in this action

27

on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

28
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-3-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page4 of 15

2.10

1
2

consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11

3
4

Party: any party to this action, including all of its officers, directors, employees,

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.12

5

Professional Vendors: persons or entities that provide litigation support services

6

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

7

organizing, storing, or retrieving data in any form or medium) and their employees and

8

subcontractors.
2.13

9
10

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”
2.14

11

Receiving Party: a Party that receives Disclosure or Discovery Material from a

12

Producing Party.

13

3.

SCOPE

14

The protections conferred by this Stipulation and Order cover not only Protected Material

15

(as defined above), but also (1) any information copied or extracted from Protected Material; (2)

16

all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

17

conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

18

However, the protections conferred by this Stipulation and Order do not cover the following

19

information: (a) any information that is in the public domain at the time of disclosure to a

20

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as

21

a result of publication not involving a violation of this Order, including becoming part of the

22

public record through trial or otherwise; and (b) any information known to the Receiving Party

23

prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who

24

obtained the information lawfully and under no obligation of confidentiality to the Designating

25

Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

26

4.

DURATION

27

Even after final disposition of this litigation, the confidentiality obligations imposed by

28

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-4-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page5 of 15

1

order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

2

claims and defenses in this action, with or without prejudice; and (2) final judgment herein after

3

the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

4

including the time limits for filing any motions or applications for extension of time pursuant to

5

applicable law.

6

5.

7

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party

8

or Non-Party that designates information or items for protection under this Order must take care

9

to limit any such designation to specific material that qualifies under the appropriate standards.

10

The Designating Party must designate for protection only those parts of material, documents,

11

items, or oral or written communications that qualify – so that other portions of the material,

12

documents, items, or communications for which protection is not warranted are not swept

13

unjustifiably within the ambit of this Order.

14

Mass, indiscriminate, or routinized designations are prohibited. Designations that are

15

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

16

unnecessarily encumber or retard the case development process or to impose unnecessary

17

expenses and burdens on other parties) expose the Designating Party to sanctions.

18

If it comes to a Designating Party’s attention that information or items that it designated

19

for protection do not qualify for protection, the Designating Party must promptly notify all other

20

Parties that it is withdrawing the mistaken designation.

21

5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

22

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

23

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

24

designated before the material is disclosed or produced.

25
26

Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents, but

27

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing

28

Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-5-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page6 of 15

1

portion or portions of the material on a page qualifies for protection, the Producing Party also

2

must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

3

margins).

4

A Party or Non-Party that makes original documents or materials available for inspection

5

need not designate them for protection until after the inspecting Party has indicated which

6

material it would like copied and produced. During the inspection and before the designation, all

7

of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the

8

inspecting Party has identified the documents it wants copied and produced, the Producing Party

9

must determine which documents, or portions thereof, qualify for protection under this Order.

10

Then, before producing the specified documents, the Producing Party must affix the

11

“CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or

12

portions of the material on a page qualifies for protection, the Producing Party also must clearly

13

identify the protected portion(s) (e.g., by making appropriate markings in the margins).

14

(b) for testimony given in deposition or in other pretrial or trial proceedings, that

15

the Designating Party identify on the record, before the close of the deposition, hearing, or other

16

proceeding, all protected testimony.
(c) for information produced in some form other than documentary and for any

17
18

other tangible items, that the Producing Party affix in a prominent place on the exterior of the

19

container or containers in which the information or item is stored the legend “CONFIDENTIAL.”

20

If only a portion or portions of the information or item warrant protection, the Producing Party, to

21

the extent practicable, shall identify the protected portion(s).

22

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

23

designate qualified information or items does not, standing alone, waive the Designating Party’s

24

right to secure protection under this Order for such material. Upon timely correction of a

25

designation, the Receiving Party must make reasonable efforts to assure that the material is

26

treated in accordance with the provisions of this Order.

27
28
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-6-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page7 of 15

1
2

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

3

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

4

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

5

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

6

challenge a confidentiality designation by electing not to mount a challenge promptly after the

7

original designation is disclosed.

8
9

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process by providing written notice of each designation it is challenging and describing the basis

10

for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

11

notice must recite that the challenge to confidentiality is being made in accordance with this

12

specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in

13

good faith and must begin the process by conferring directly (in voice to voice dialogue; other

14

forms of communication are not sufficient) within 14 days of the date of service of notice. In

15

conferring, the Challenging Party must explain the basis for its belief that the confidentiality

16

designation was not proper and must give the Designating Party an opportunity to review the

17

designated material, to reconsider the circumstances, and, if no change in designation is offered,

18

to explain the basis for the chosen designation. A Challenging Party may proceed to the next

19

stage of the challenge process only if it has engaged in this meet and confer process first or

20

establishes that the Designating Party is unwilling to participate in the meet and confer process in

21

a timely manner.

22

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

23

intervention, the Designating Party shall file and serve a motion to retain confidentiality under

24

Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5 and General Order 62, if

25

applicable) within 21 days of the initial notice of challenge or within 14 days of the parties

26

agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each

27

such motion must be accompanied by a competent declaration affirming that the movant has

28

complied with the meet and confer requirements imposed in the preceding paragraph. Failure by
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-7-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page8 of 15

1

the Designating Party to make such a motion including the required declaration within 21 days (or

2

14 days, if applicable) shall automatically waive the confidentiality designation for each

3

challenged designation. In addition, the Challenging Party may file a motion challenging a

4

confidentiality designation at any time if there is good cause for doing so, including a challenge to

5

the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to

6

this provision must be accompanied by a competent declaration affirming that the movant has

7

complied with the meet and confer requirements imposed by the preceding paragraph.

8

The burden of persuasion in any such challenge proceeding shall be on the Designating

9

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

10

unnecessary expenses and burdens on other parties) may expose the Challenging Party to

11

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to

12

file a motion to retain confidentiality as described above, all parties shall continue to afford the

13

material in question the level of protection to which it is entitled under the Producing Party’s

14

designation until the court rules on the challenge.

15

7.

16

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. In accordance with the terms of this Privacy Act Protective

17

Order, pursuant to 5 U.S.C. § 552a(b)(11), Defendants are authorized to produce to counsel for

18

Plaintiffs and the Court in this case private identifying information, and other information

19

discoverable pursuant to Fed. R. Civ. P. 26(c) that Plaintiffs seek, without first requiring officials

20

of the United States to pre-screen each document for objections, and presenting those objections

21

to this Court for a decision regarding disclosure. A Receiving Party may use Protected Material

22

that is disclosed or produced by another Party or by a Non-Party in connection with this case only

23

for prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

24

disclosed only to the categories of persons and under the conditions described in this Order.

25

When the litigation has been terminated, a Receiving Party must comply with the provisions of

26

section 13 below (FINAL DISPOSITION).

27
28
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-8-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page9 of 15

1

Protected Material must be stored and maintained by a Receiving Party at a location and

2

in a secure manner that ensures that access is limited to the persons authorized under this Order.

3

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

4

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

5

information or item designated “CONFIDENTIAL” only to:

6

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

7

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

8

information for this litigation and who have signed the “Acknowledgment and Agreement to Be

9

Bound” that is attached hereto as Exhibit A;

10

(b) the officers, directors, and employees (including House Counsel) of the

11

Receiving Party to whom disclosure is reasonably necessary for this litigation and who have

12

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

13

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

14

reasonably necessary for this litigation and who have signed the “Acknowledgment and

15

Agreement to Be Bound” (Exhibit A);

16

(d) the court and its personnel;

17

(e) court reporters and their staff, professional jury or trial consultants, mock

18

jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation

19

and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

20

(f) during their depositions, witnesses in the action to whom disclosure is

21

reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”

22

(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

23

transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

24

separately bound by the court reporter and may not be disclosed to anyone except as permitted

25

under this Stipulated Protective Order.

26
27

(g) the author or recipient of a document containing the information or a custodian
or other person who otherwise possessed or knew the information.

28
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-9-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page10 of 15

1

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION

2

If a Party is served with a subpoena or a court order issued in other litigation that compels

3

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party

4

must:

5
6

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

7

(b) promptly notify in writing the party who caused the subpoena or order to issue

8

in the other litigation that some or all of the material covered by the subpoena or order is subject

9

to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;

10

and

11
12

(c) cooperate with respect to all reasonable procedures sought to be pursued by
the Designating Party whose Protected Material may be affected.

13

If the Designating Party timely seeks a protective order, the Party served with the

14

subpoena or court order shall not produce any information designated in this action as

15

“CONFIDENTIAL” before a determination by the court from which the subpoena or order

16

issued, unless the Party has obtained the Designating Party’s permission. The Designating Party

17

shall bear the burden and expense of seeking protection in that court of its confidential material –

18

and nothing in these provisions should be construed as authorizing or encouraging a Receiving

19

Party in this action to disobey a lawful directive from another court.

20

9.

21
22

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION
(a)

The terms of this Order are applicable to information produced by a Non-

23

Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non-

24

Parties in connection with this litigation is protected by the remedies and relief provided by this

25

Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

26

additional protections.

27

(b)

In the event that a Party is required, by a valid discovery request, to

28
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-10-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page11 of 15

1

produce a Non-Party’s confidential information in its possession, and the Party is subject to an

2

agreement with the Non-Party not to produce the Non-Party’s confidential information, then the

3

Party shall:
(1)

4

promptly notify in writing the Requesting Party and the Non-Party

5

that some or all of the information requested is subject to a confidentiality agreement with a Non-

6

Party;
(2)

7

promptly provide the Non-Party with a copy of the Stipulated

8

Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific

9

description of the information requested; and
(3)

10
11

make the information requested available for inspection by the

Non-Party.
(c)

12

If the Non-Party fails to object or seek a protective order from this court

13

within 14 days of receiving the notice and accompanying information, the Receiving Party may

14

produce the Non-Party’s confidential information responsive to the discovery request. If the Non-

15

Party timely seeks a protective order, the Receiving Party shall not produce any information in its

16

possession or control that is subject to the confidentiality agreement with the Non-Party before a

17

determination by the court. 1 Absent a court order to the contrary, the Non-Party shall bear the

18

burden and expense of seeking protection in this court of its Protected Material.

19

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

20
21

Material to any person or in any circumstance not authorized under this Stipulated Protective

22

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

23

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

24

Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

25
26
27
28

1

The purpose of this provision is to alert the interested parties to the existence of confidentiality
rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality
interests in this court.
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-11-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page12 of 15

1

made of all the terms of this Order, and (d) request such person or persons to execute the

2

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

3

11.

4

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently

5
6

produced material is subject to a claim of privilege or other protection, the obligations of the

7

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

8

provision is not intended to modify whatever procedure may be established in an e-discovery

9

order that provides for production without prior privilege review. Pursuant to Federal Rule of

10

Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a

11

communication or information covered by the attorney-client privilege or work product

12

protection, the parties may incorporate their agreement in the stipulated protective order

13

submitted to the court.

14

12.

15
16
17

MISCELLANOUS
12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the court in the future.
12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective

18

Order no Party waives any right it otherwise would have to object to disclosing or producing any

19

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

20

Party waives any right to object on any ground to use in evidence of any of the material covered

21

by this Protective Order.

22

12.3

Filing Protected Material. Without written permission from the Designating Party

23

or a court order secured after appropriate notice to all interested persons, a Party may not file in

24

the public record in this action any Protected Material. A Party that seeks to file under seal any

25

Protected Material must comply with Civil Local Rule 79-5 and General Order 62. Protected

26

Material may only be filed under seal pursuant to a court order authorizing the sealing of the

27

specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a

28

sealing order will issue only upon a request establishing that the Protected Material at issue is
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-12-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page13 of 15

1

privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a

2

Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-

3

5(d) and General Order 62 is denied by the court, then the Receiving Party may file the

4

information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed

5

by the court.

6

13.

7

FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph 4, each

8

Receiving Party must return all Protected Material to the Producing Party or destroy such

9

material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

10

compilations, summaries, and any other format reproducing or capturing any of the Protected

11

Material. Whether the Protected Material is returned or destroyed, the Receiving Party must

12

submit a written certification to the Producing Party (and, if not the same person or entity, to the

13

Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all

14

the Protected Material that was returned or destroyed and (2)affirms that the Receiving Party has

15

not retained any copies, abstracts, compilations, summaries or any other format reproducing or

16

capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

17

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

18

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

19

product, and consultant and expert work product, even if such materials contain Protected

20

Material. Any such archival copies that contain or constitute Protected Material remain subject to

21

this Protective Order as set forth in Section 4 (DURATION).

22

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

23
24
25
26
27
28
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-13-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page14 of 15

1

Dated: January 17, 2013

2

Respectfully submitted,
By: /s/ Catherine E. Moreno
CATHERINE E. MORENO

3

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
David J. Berger
Thomas J. Martin
Analisa M. Pratt
Savith S. Iyengar

4
5
6
7

LAWYERS’ COMMITTEE FOR CIVIL
RIGHTS
Paul Chavez

8
9

11

AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
CALIFORNIA, INC.
Julia Harumi Mass
Alan L. Schlosser

12

Attorneys for Plaintiffs

10

13
14

Dated: January 17, 2013

15

By: /s/ Christopher W. Hollis
CHRISTOPHER W. HOLLIS
District Court Section
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: [phone]
Facsimile [phone]
Email: [e-mail]

16
17
18
19
20

STUART F. DELERY
Principal Deputy Assistant Attorney General
Civil Division

21
22

DAVID J. KLINE
Director
Office of Immigration Litigation
District Court Section

23
24

VICTOR M. LAWRENCE
Principal Assistant Director
Office of Immigration Litigation

25
26

Attorneys for Defendants

27
28
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-14-

Case3:11-cv-04001-RS Document117 Filed01/17/13 Page15 of 15

1
2

SIGNATURE ATTESTATION
I, Christopher W. Hollis, attest that I obtained the concurrence of Catherine E. Moreno

3

in filing this document. I declare under penalty of the laws of the United States that the

4

foregoing is true and correct.

5

Executed this 17th day of January 2013 in Washington, DC.

6

/s/ Christopher W. Hollis
CHRISTOPHER W. HOLLIS

7
8
9

PURSUANT TO STIPULATION, IT IS SO ORDERED.

10
11

Dated: _2/7/2013____________

_______________________________________
Honorable Kandis A. Westmore
United States Magistrate Judge
Northern District of California

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulated Amended Protective Order
Case No. CV-11-4001 RS

-15-

Case3:11-cv-04001-RS Document117-1 Filed01/17/13 Page1 of 1

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4
5
6
7
8
9
10
11
12
13

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
Stipulated Protective Order that was issued by the United States District Court for the Northern District of
California on ___________ [date] in the case of Uelian De Abadia-Peixoto, et al. v. United States
Department of Homeland Security, et al., Case No. CV 11-4001 RS. I agree to comply with and to be
bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to
so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise
that I will not disclose in any manner any information or item that is subject to this Stipulated Protective
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 Northern

14

District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if

15

such enforcement proceedings occur after termination of this action.

16

I hereby appoint __________________________ [print or type full name] of

17

_______________________________________ [print or type full address and telephone number] as my

18

California agent for service of process in connection with this action or any proceedings related to

19

enforcement of this Stipulated Protective Order.

20
21

Date: _________________________________

22
23

City and State where sworn and signed: _________________________________

24
25

Printed name: ______________________________

26
27
28

Signature: __________________________________
Ex. A to Second Stipulated Amended Prot. Order
Case No. CV-11-4001 RS

-1-