Lyon et al v. U.S. Immigration and Customs Enforcement et al

Filing 118

STIPULATION AND ORDER re 116 STIPULATION WITH PROPOSED ORDER re Redaction of Names filed by Nancy Neria-Garcia, Audley Barrington Lyon, Jr., Jose Elizandro Astorga-Cervantes. Signed by Judge Edward M. Chen on 12/16/15. (bpf, COURT STAFF) (Filed on 12/16/2015)

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ROBERT P. VARIAN (SBN 107459)
CHARLES J. HA (pro hac vice)
DAVID KEENAN (pro hac vice)
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
[Additional Counsel appear on signature page]

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director, District Court Section
ELIZABETH J. STEVENS
Assistant Director, District Court Section
JENNIFER A. BOWEN
KATHERINE J. SHINNERS
BRIAN C. WARD
Trial Attorneys, Office of Immigration Litigation
U.S. Department of Justice – Civil Division
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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AUDLEY BARRINGTON LYON, JR., et. al.,

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Plaintiffs,

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v.
UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT, et. al.,
Defendants.

Case No.: 13-cv-05878 EMC

JOINT STIPULATION REGARDING
REDACTION OF WITNESS NAMES
EXCEPT INITIALS; [PROPOSED]
ORDER
[PURSUANT TO CIVIL L.R. 7-12]
CLASS ACTION

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Lyon, et al. v. U.S. Immigration and Customs Enforcement, et al., Case No.: 13-cv-05878 EMC
JOINT STIPULATION REGARDING REDACTION OF CERTAIN NAMES EXCEPT INITIALS AND
[PROPOSED] ORDER

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The Parties to this action hereby agree to the following regarding the redaction of the

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names of certain declarants in this litigation as permitted by the Federal Rules of Civil Procedure

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Rule 5.2(e). WHEREAS:

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Many Plaintiff class members are seeking or have sought relief from removal based on

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fear of persecution and in their home countries or based on other grounds that could subject them

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to retaliation here or abroad;

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Plaintiff class members seeking such relief may have statutory privacy rights to protect

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them from harm. See e.g. 8 C.F.R. §§ 208.6, 1208.6 (regulations protecting an asylum-seeker’s

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right to confidentiality);

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Plaintiff class members seek to submit declarations in support of Plaintiffs’ motion for

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summary judgment, some of which include references to statutorily protected claims for relief or

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sensitive facts that create concern regarding harassment and retaliation; and

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The Parties agree that protecting Plaintiff class members from potential harm related to

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disclosure of their identities and the subject matter of their immigration cases can be achieved

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without prejudice to Defendants by substituting initials for class member witnesses’ full names

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in the parties’ briefs and evidentiary submissions.

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NOW THEREFORE, the Parties stipulate that:

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1.

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Papers and evidence filed in the public record will be redacted to reveal only

initials of Plaintiff class member witnesses who are not named representatives;

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2.

The names of class representatives will not be redacted;

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3.

In conjunction with Plaintiffs’ Motion for Summary Judgment, Plaintiffs will file

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under seal a reference list of the declarants’ full names and corresponding initials, pursuant to

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Fed. R. Civ. Pro. 5.2(g); and

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4.

The Parties need not file unredacted versions of the papers and evidence filed in

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the public record in accordance with paragraph 1 under seal, serve unredacted versions of such

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papers or evidence upon each other, or provide such unredacted versions as courtesy copies to

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the Court.

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-1Lyon, et al. v. U.S. Immigration and Customs Enforcement, et al., Case No.: 13-cv-05878 EMC
JOINT STIPULATION REGARDING REDACTION OF NAMES EXCEPT FOR INITIALS AND
[PROPOSED] ORDER

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THE PARTIES SO STIPULATE, THROUGH THEIR COUNSEL OF RECORD.

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Dated: December 15, 2015

By: __/s/ Julia Harumi Mass_________________
JULIA HARUMI MASS (SBN 189649)
ANGÉLICA SALCEDA (SBN 296152)
MICHAEL T. RISHER (SBN 191627)
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN CALIFORNIA
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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ORRICK, HERRINGTON & SUTCLIFFE LLP
ROBERT P. VARIAN (SBN 107459)
CHARLES J. HA (pro hac vice)
DAVID KEENAN (pro hac vice)
JUDY KWAN (SBN 273930)
ALEXIS YEE-GARCIA (SBN 277204)
AMERICAN CIVIL LIBERTIES UNION
NATIONAL PRISON PROJECT
CARL TAKEI (SBN 256229)
915 15th Street N.W., 7th Floor
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
VAN DER HOUT BRIGAGLIANO &
NIGHTINGALE, LLP
MARC VAN DER HOUT (SBN 80778)
MEGAN SALLOMI (SBN 300580)
180 Sutter Street
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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-2Lyon, et al. v. U.S. Immigration and Customs Enforcement, et al., Case No.: 13-cv-05878 EMC
JOINT STIPULATION REGARDING REDACTION OF NAMES EXCEPT FOR INITIALS AND
[PROPOSED] ORDER

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Dated: December 15, 2015

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OFFICE OF IMMIGRATION LITIGATION,
CIVIL DIVISION
U.S. DEPARTMENT OF JUSTICE
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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WILLIAM C. PEACHEY
Director, District Court Section

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ELIZABETH J. STEVENS
Assistant Director, District Court Section

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By: /s/ Brian C. Ward
BRIAN C. WARD
JENNIFER A. BOWEN
KATHERINE J. SHINNERS
Trial Attorneys, District Court Section
P.O Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Email: [e-mail]

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Attorneys for Defendants

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

December 16, 2015

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S

HONORABLE EDWARD M. CHEN
United States District Judge

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Dated: ________________

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Lyon, et al. v. U.S. Immigration and Customs Enforcement, et al., Case No.: 13-cv-05878 EMC
JOINT STIPULATION REGARDING REDACTION OF NAMES EXCEPT FOR INITIALS AND
[PROPOSED] ORDER

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CERTIFICATION OF CONCURRENCE FROM OTHER PARTIES

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I, Julia Harumi Mass, am the ECF user whose ID and password are being used to file

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this Joint Stipulation Regarding Redaction of Names Except for Initials and [Proposed] Order.

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I hereby certify that each of the other signatories has concurred in the filing of this document

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and has authorized the use of his/her electronic signature.

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Dated: December 15, 2015

/s/ Julia Harumi Mass_________
JULIA HARUMI MASS
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN CALIFORNIA
39 Drumm Street
San Francisco, CA 94111

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-4Lyon, et al. v. U.S. Immigration and Customs Enforcement, et al., Case No.: 13-cv-05878 EMC
JOINT STIPULATION REGARDING REDACTION OF NAMES EXCEPT FOR INITIALS AND
[PROPOSED] ORDER