Aguayo v. Jewel et al

Filing 49

Joint Stipulation And Privacy Act PROTECTIVE ORDER (Re Doc. 48 ). Signed by Magistrate Judge Karen S. Crawford on 12/18/2013. (mdc)

1
2
3
4
5
6
7

8

ROBERT G. DREHER
Acting Assistant Attorney General
REUBEN S. SCHIFMAN
Trial Attorney
United States Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044-7611
Telephone [phone]
[e-mail]

\3

Attorneys for Federal Defendants

9

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14

TIFF ANY L. (HAYES) AGUA YO, et al.,
Plaintiffs,

15
vs.
16
17

S.M.R. JEWELL, the Secretary of the
Department of the Interior et aI.,

18

19

Defendants.

)
) Case Number: 13-CV-1435-WQH-KSC
)
) JOINT STIPULATION AND
) PRIVACY ACT
) PROTECTIVE ORDER
)
)
)
)
)

)

20

JOINT STIPULATION

21
22

In order to litigate this matter, the parties to the above-referenced action will

23

need to assess information in the official files of the Department of the Interior

24

("DOl") relating to the decision of the Assistant Secretary - Indian Affairs, dated

25

June 12,2013, regarding a dispute within the Pala Band of Mission Indians

26

concerning eligibility for tribal membership ("Decision"), including genealogical

27

information that is protected by the Privacy Act, 5 U.S.C. § 552a. The parties wish

28

to protect living individuals referenced in the administrative record from
JOINT STIPULATION

I3-CV-1435-WQH-KSC

U.S. Department of Justice
Environment & Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044

1

unwarranted invasions of personal privacy. In addition, the disclosure of some

2

documents in the administrative record may be limited under the Freedom of Information Act,

3

5 U.S.c. § 552.

4

Accordingly, in order to address these concerns, the parties hereby

5

STIPULATE, AGREE, and JOINTLY REQUEST that the Court, pursuant to 5

6

U.S.C. § 552a(b)(11), order the following:

7

1.

The parties shall have access to documents contained in the official

8

files of DOl relating to the Decision, including submitted genealogy and tribal or

9

group membership lists, which would be covered by the Privacy Act (hereinafter

10

"privacy documents").

11
12
13

14
15

2.

The parties shall not use the privacy documents obtained from the

official files of DOl, or their contents, for any purpose other than this litigation,
including any appeals. No person having access to these documents covered by
the Privacy Act shall make public disclosure of them or their contents without
further order of this Court.

16

3.

Documents containing private information of individuals, such as

17

18
19

20
21

22
23

names, addresses, age, parentage, marital status and other personal information tha
is protected from public disclosure by the Privacy Act, shall not be released to the
public, unless the individual referenced in the materials agrees to the disclosure in
writing prior to the date of disclosure, or by order of this Court. If a party receives
a request, made pursuant to any federal or state law, from any person not subject to
this Order for access to or copies of any such documents provided to the party

24

pursuant to this Order, the party shall not provide such access or copies but shall

25

refer such request to the Department for consideration under applicable federal

26

law.

27

28

4.

The documents which are protected from release to the general public

by the Privacy Act and which are part of the official files of the Department

JOINT STIPULATION

2
13-CV-1435-WQH-KSC

U.S. Department of Justice
Environment & Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044

1

relating to the Decision may be included in the administrative record and thus

2

ultimately disclosed to the Court and to the parties in this matter, by the filing of

3

that record under seaL Similarly, these documents may be disclosed to the Court

4

and to the parties in this litigation as attachments to briefs filed in these Court

5

proceedings and may be utilized in a deposition or for other permissible discovery

6

in this case or in any related administrative proceedings. This Protective Order is

7

not intended to prohibit introduction of these documents at a court hearing, trial or

8

other proceeding in this case or in a related administrative proceeding as allowed

9
10
11

12
13
14

15

under the Federal Rules of Evidence. However, in all circumstances, the protected
documents will be filed under seal, unless otherwise ordered by the Court.

5.

Privacy documents which are subject to this order may be disclosed

only to the parties to this litigation, or their affiliates, the attorneys of record for the
parties, persons in the employ of such attorneys and expert witnesses retained by
the parties having a need for the information in the performance of their duties.
Except for the Court and its employees, and the employees of 001, all individuals

16
17

18
19
20

21
22

having access to these records and all individuals to whom these records or the
information therein are disclosed shall be required to sign a copy of the
Acknowledgment ofPrivacy Act Protective Order form attached hereto as Exhibit
A, indicating that they have read and agree to abide by the terms of this Order.
Each counsel of record will send to the attorney of record for Defendants a list of
all such attorneys or members of the firm so designated. Signed acknowledgment

23

forms shall be retained by counsel for Defendants and be available upon request to

24

attorneys of record and the Court.

25

6.

All individuals to whom privacy documents or copies which are

26

subject to this Order are disclosed shall return to counsel for the Defendants or

27

destroy any and all documents, copies and the portions of notes containing

28

information from such documents in their possession immediately upon the

JOINT STIPULATION

3

13-CV-1435-WQH-KSC

U.S. Department ofJustice
Environment & Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044

1

termination of this litigation, including all applicable appeals, or the termination of

2 the related administrative proceedings, whichever occurs later. The obligation to
3

return or destroy shall occur prior to the termination of this litigation when an

4

individual or entity is no longer a party or when an attorney or expert is no longer

5

retained to work on this case, whichever comes earlier. Individuals returning

6

documents under any circumstance shall certify in writing that the documents,

7

copies and notes have been returned or have been destroyed. This obligation

8 includes the return of the DVD that includes privacy documents.

9

7.

10
11
12
13

14
15

16
17
18
19
20
21

22
23
24

Defendants, their officers, agents, employees and representatives are

hereby relieved of any obligation under 5 U.S.C. § 552a(c) to make or keep any
accounting of any disclosure or, under 5 U .S.C. § 552a( e)(8), to provide notice of
any disclosure to any individual, made under the authority of this order.

8.

This Order does not constitute a ruling on the question of whether any

particular record is properly discoverable and does not constitute any ruling on any
potential objection to the discoverability of any record, other than objections based
on the Privacy Act.
9.

This Order applies only to records and documents (in whatever form)

provided by DOl in these proceedings and does not apply to records and
documents obtained through other means.
10.

This order shall survive the termination of this case and is binding for

all time without further order of the Court.
11.

Nothing shall be filed under seal, and the Court shall not be required

to take any action, without separate prior order by the Judge before whom the

25

hearing or proceeding will take place, after application by the affected party with
26
27

appropriate notice to opposing counsel. The parties shall follow and abide by

28

applicable law, including Civ. L.R. 79.2, ECF Administrative Policies and
JOINT STIPULATION

4

13-CV-1435-WQH-KSC

U.S. Department ofJustice
Environment & Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044

1

2

Procedures, Section II.j, and the chambers' rules, with respect to filing documents
under seal. However, with respect to the chambers' rules and Section II.j of the

3

4

ECF Procedures, the Parties agree, and respectfully request that the Court allow th

5

lodging Administrative Record in non redacted form and with service completed

6
7

by providing a disc containing .PDF documents that comprise the Record, rather

8

than in paper format, as the Record consists of hundreds of documents and

9

10
11

12

thousands of pages.

12.

The Court may modify the protective order in the interests ofjustice

or for public policy reasons.

13
14

Dated: December 17, 2013

15

ROBERT G. DREHER
Acting Assistant Attorney General

lsi Reuben S. Schifman

16

REUBEN S. SCmFMAN
Trial Attorney
United States Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044-7611
Telephone [phone]
[e-mail]

17
18
19

20
21

22
23

OF COUNSEL:

24

BARBARA COEN
Office of the Solicitor
United States Department ofthe Interior
1849 CSt. NW
Mail-Stop 6513
Washington, DC 20240

25

26
27

28
JOINT STIPULATION

5
13-CV-1435-WQH-KSC

U.S. Department ofJustice
Environment & Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044

1

Tel: [phone]

Fax: [phone]

[e-mail]

2

3

4

5

Attorney for Plaintiffs:

6

/s/ Thor Olav Emblem}
THOR OLAV EMBLEM

205 West 5th Avenue Suite 105

Escondido, CA 92025

Tel: [phone]

Fax: [phone]

Email:[e-mail]

7

8

9

10
11

12

13

14

15
16

17

18

19

20
21

22

23

24

25

26

27

1 Plaintiffs'

counsel has authorized Federal Defendants' counsel to include his

28
signature herein.
JOINT STIPULATION

6
13-CV-1435-WQH-KSC

U.S. Department of Justice
Environment & Natural Resources Division
P.O. Box 7611

Washington, D.C. 20044

1

2

ORDER ON JOINT STIPULATION FOR PROTECTIVE ORDER

The Parties have so stipulated and agreed to the above, and IT IS HEREBY

3

ORDERED.

4

Dated:

7lfJd,..

I ~ , 2013

5
6

7

8

United States District Court

9

10
11

12

13

14

15
16

17

18

19

20
21

22

23

24

25

26

27

28

1

13-CV-1435-WQH-KSC

U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611

Washington, D.C. 20044-0663