K.H. v. Secretary of the Department of Homeland Security

Filing 55

STIPULATION AND ORDER re 54 STIPULATION WITH PROPOSED ORDER Re Production of Third-Party Information filed by Secretary of the Department of Homeland Security. Signed by Judge Jon S. Tigar on July 15, 2016. (wsn, COURT STAFF) (Filed on 7/15/2016)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 WENDY M. GARBERS (CABN 213208)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Defendant SECRETARY OF
8 THE DEPARTMENT OF HOMELAND
SECURITY
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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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K. H., C.V., W.L., J.M., JEFFREY BOYER,
BRIAN PIEROG, DONNA BAXTER,
RICHARD DEVIVO, and GARY
MCCONAGHY, on behalf of themselves and
those similarly situated,

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Plaintiffs,
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v.
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THE SECRETARY OF THE DEPARTMENT )
OF HOMELAND SECURITY,
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Defendant.
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Case No. 15-cv-02740 JST
STIPULATION AND [PROPOSED] ORDER RE
PRODUCTION OF THIRD-PARTY
INFORMATION
The Honorable Jon S. Tigar

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WHEREAS, this is an Age Discrimination in Employment Action challenging the closure of six

23 Federal Air Marshal Service (“FAMS”) offices;
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WHEREAS, plaintiffs allege that the office closures were discriminatory and bring both direct

25 discrimination and disparate impact theories;
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WHEREAS, plaintiffs seek certain information not only about the Federal Air Marshals at the

27 impacted offices, but also the Federal Air Marshals at the non-impacted offices, such as dates of birth and
28 duty location. Plaintiffs assert that such information is relevant to their disparate impact analysis, among
STIPULATION AND [PROPOSED] ORDER RE PRODUCTION OF THIRD-PARTY INFORMATION
NO. 15-CV-02740 JST

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1 other things;
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WHEREAS, Defendant does not dispute that this information may be relevant to the disparate

3 impact analysis, but notes that it is also personally-identifying information about third parties (i.e., Federal
4 Air Marshals who are not before the Court). Such information is generally protected under the Privacy
5 Act, 5 U.S.C. § 522a, among other things.
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WHEREAS, the Privacy Act contains an exception permitting disclosure of protected

7 information “pursuant to the order of a court of competent jurisdiction.” 5 U.S.C. § 522a(b)(11).
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IT IS HEREBY STIPULATED, by the parties to the above-captioned action, by and through their

9 respective counsel of record, that, to the extent the Court agrees that certain demographic information about
10 non-party Federal Air Marshals, such as dates of birth and duty station, is relevant to the claims herein, it
11 should be produced to plaintiffs pursuant to the protective orders in place.
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13 DATED: July 14, 2016

Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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/s/ Wendy M. Garbers
WENDY M. GARBERS
Assistant United States Attorney
Attorneys for Defendant

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19 DATED: July 14, 2016

MORRIS POLICH & PURDY LLP

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/s/ Nicholas M. Wieczorek *
NICHOLAS M. WIECZOREK
Attorneys for Plaintiffs

23 *In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury
that plaintiff has concurred in the filing of this document.
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STIPULATION AND [PROPOSED] ORDER RE PRODUCTION OF THIRD-PARTY INFORMATION
NO. 15-CV-02740 JST

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[PROPOSED] ORDER

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The Court agrees that certain demographic information about non-party Federal Air Marshals, such

4 as their dates of birth and duty stations, is relevant to the claims herein. The Court hereby orders that such
5 information be provided to plaintiffs under the protective orders in place in this litigation.
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IT IS SO ORDERED.

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8 Dated: July 15, 2016
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THE HONORABLE JON S. TIGAR
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STIPULATION AND [PROPOSED] ORDER RE PRODUCTION OF THIRD-PARTY INFORMATION
NO. 15-CV-02740 JST

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