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

Filing 241

STIPULATION AND ORDER re 235 REGARDING REDACTION OF WITNESS NAMES EXCEPT INITIALS filed by Nancy Neria-Garcia, Audley Barrington Lyon, Jr., Jose Elizandro Astorga-Cervantes. Signed by Judge Edward M. Chen on 5/4/16. (bpfS, COURT STAFF) (Filed on 5/4/2016)

1
2
3
4
5
6

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]

7

17

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director, District Court Section
COLIN A. KISOR
Deputy Director
ELIZABETH J. STEVENS
Assistant Director
KATHERINE J. SHINNERS
BRIAN C. WARD
JENNIFER A. BOWEN
LAUREN C. BINGHAM
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]

18

Attorneys for Defendants

8
9
10
11
12
13
14
15
16

19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21

SAN FRANCISCO DIVISION

22

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

23

Plaintiffs,

24
25
26
27

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

28
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

1

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

2

identifying characteristics of certain class members and third parties in this litigation with respect

3

to proposed trial materials, to protect privacy as permitted by Federal Rule of Civil Procedure

4

5.2(e). WHEREAS:

5

Some Plaintiff class members are seeking or have sought relief or protection from

6

removal based on fear of persecution and in their home countries or based on other grounds that

7

could subject them to retaliation here or abroad;

8
9
10
11

Plaintiff class members seeking relief or protection may have privacy interests arising
from statute or regulatory guidance. See, e.g., 8 U.S.C. § 1367(a)(2); 8 C.F.R. §§ 208.6, 1208.6
(regulations protecting an asylum-seeker’s right to confidentiality);
Plaintiffs seek to present class members’ testimony at trial, and the parties contemplate

12

the use of exhibits identifying class members and their relations, including testimony and

13

exhibits that may include references to statutorily protected claims for relief or sensitive facts

14

that create concern regarding harassment and retaliation;

15

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

16

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

17

without prejudice to Defendants by (1) redacting the names and other identifying information of

18

non-named class members and their relations from exhibits and (2) substituting initials of class

19

member witnesses’ full names in the parties’ briefs, exhibits, and other references to testifying

20

class members during trial; and

21

The Parties recognize that the Court and testifying witnesses would be aided in their

22

ability to interpret exhibits if unredacted copies of proposed trial exhibits are made available for

23

use at trial; only the redacted versions of the exhibits, however, would be published to the

24

courtroom or entered into the public record in light of the privacy concerns noted above.

25

NOW THEREFORE, the Parties stipulate that:

26
27
28
-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

1.

1

Papers and evidence published at trial or otherwise filed in the public record will

2

be redacted to avoid disclosure of the names of non-named class members and their relations and

3

other identifying information for those class members and relations;
2.

4

Documents that relate to specific non-named class members will include the

5

initials of class member witnesses who are not named representatives as needed to allow the

6

public to understand the relationship between testifying class members and the documents that

7

reference them;

8

3. The names of Plaintiff class representatives will not be redacted;

9

4. Prior to trial, Plaintiffs will file under seal a reference list of non-named class member

10

witnesses’ full names and Alien Registration Numbers and corresponding initials, pursuant to

11

Fed. R. Civ. P. 5.2(g); and
5. The Parties will provide unredacted versions of the papers and evidence filed in the

12
13

public record in accordance with paragraph 1 to the Court and to witnesses, as necessary to allow

14

the Court and witnesses to verify that exhibits from which class member names are redacted or

15

which are redacted to show only the initials of a class member relate to the class member at

16

issue.

17

THE PARTIES SO STIPULATE, THROUGH THEIR COUNSEL OF RECORD.

18
19

Dated: April 28, 2016

VAN DER HOUT, BRIGAGLIANO, & NIGHTINGALE, LLP

24

__/s/ Megan Sallomi_________
MEGAN SALLOMI (SBN 300580)
MARC VAN DER HOUT (SBN 80778)
180 Sutter Street
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

25

ORRICK, HERRINGTON & SUTCLIFFE LLP

20
21
22
23

26
27

By:

ROBERT P. VARIAN (SBN 107459)
CHARLES J. HA (pro hac vice)
DAVID KEENAN (pro hac vice)

28
-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

1

JUDY KWAN (SBN 273930)
ALEXIS YEE-GARCIA (SBN 277204)

2

AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN CALIFORNIA

3
4

JULIA HARUMI MASS (SBN 189649)
ANGÉLICA SALCEDA (SBN 296152)
MICHAEL T. RISHER (SBN 191627)
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

5
6
7
8
9

AMERICAN CIVIL LIBERTIES UNION
NATIONAL PRISON PROJECT

10
11

CARL TAKEI (SBN 256229)
915 15th Street N.W., 7th Floor
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

12
13
14
15

Attorneys for Plaintiffs
16
17
18
19
20
21

Dated: April 28, 2016

OFFICE OF IMMIGRATION LITIGATION,
CIVIL DIVISION
U.S. DEPARTMENT OF JUSTICE
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director, District Court Section

22
23
24
25
26
27

COLIN A. KISOR
Deputy Director, District Court Section
ELIZABETH J. STEVENS
Assistant Director, District Court Section
By: _/s/ Katherine J. Shinners_______
KATHERINE J. SHINNERS
BRIAN C. WARD

28
-3Lyon, 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

1

JENNIFER A. BOWEN
LAUREN C. BINGHAM
Trial Attorneys, District Court Section
P.O Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Email: [e-mail]

2
3
4
5

Attorneys for Defendants

6
7
8

[PROPOSED] ORDER

9
PURSUANT TO STIPULATION, IT IS SO ORDERED.

11

S

5/4/16

13
14

O
IT IS S

15
dwar
Judge E

18

A

H

ER

LI

RT

17

en

d M. Ch

NO

16

R NIA

______________________________
HONORABLE EDWARD M. CHEN
United StatesORDERED
District Judge

UNIT
ED

Dated: ________________

RT
U
O

12

S DISTRICT
TE
C
TA

FO

10

N

F
D IS T IC T O
R

C

19
20
21
22
23
24
25
26
27
28
-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

1
2

CERTIFICATION OF CONCURRENCE FROM OTHER PARTIES

3
4

I, Megan Sallomi, am the ECF user whose ID and password are being used to file this

5

Joint Stipulation of Redaction of Witness Names Except Initials and Proposed Order (ECF

6

NO. 231). In compliance with General Order 45, X.B., I hereby certify that each of the other

7

signatories has concurred in the filing of this document and has authorized the use of his/her

8

electronic signature.

9
10
11
12
13
14

Dated: April 28, 2016

/s/ Megan Sallomi_________
MEGAN SALLOMI (SBN 300580)
VAN DER HOUT, BRIGAGLIANO, & NIGHTINGALE
180 Sutter Street
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5Lyon, 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