AFIFI v. HOLDER et al

Filing 5

Unopposed MOTION for Protective Order and for Leave to File Under Seal by ERIC H. HOLDER, JR, ROBERT S. MUELLER, III (Attachments: # 1 Text of Proposed Order)(Lee, Lynn)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
YASIR AFIFI ,
)
)
)
Plaintiff,
)
)
CIVIL ACTION NO.
v.
)
1:11-cv-00460 (BAH)
)
ERIC H. HOLDER, Attorney General of
)
the United States; ROBERT MUELLER,
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Director of the Federal Bureau of Investigation
)
(in their official capacities), et al.,
)
)
Defendants.
)
__________________________________________)
DEFENDANTS’ MOTION FOR PRIVACY ACT PROTECTIVE ORDER
AND LEAVE TO FILE UNDER SEAL
Pursuant to Local Rules of Civil Procedure 5.1(j) and 5.4(e), defendant Eric H.
Holder, Attorney General of the United States, and defendant Robert Mueller, Director of
the Federal Bureau of Investigation (“FBI”), sued in their official capacities, respectfully
move for an order permitting defendants to file under seal, in connection with their
Motion to Dismiss and for Summary Judgment, certain documents that may contain
material protected from disclosure under the Privacy Act.
Plaintiff’s Complaint alleges violations of the First and Fourth Amendments, the
Administrative Procedure Act, and the Privacy Act based on the placement of a GPS
tracker on his vehicle by the FBI. The Complaint incorporates, refers to, or otherwise
implicates information about plaintiff that may be subject to the Privacy Act, 5 U.S.C.

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§ 552a. Defendants’ response to the Complaint through their Motion to Dismiss and for
Summary Judgment, in turn, refers to and discusses information that may be subject to
the Privacy Act.1 Accordingly, defendants request that, pursuant to 5 U.S.C.
§ 552a(b)(11), the Court enter a Privacy Act protective order for the limited purpose of
permitting defendants to file under seal parts of Defendants Holder and Mueller’s Motion
to Dismiss and for Summary Judgment and Memorandum in Support of the Motion,
defendants’ Statement of Material Facts, and the Declaration of Joel Dabisch (“Dabisch
Declaration”). Defendants are separately serving the unredacted versions of these
documents on plaintiff and are preparing redacted versions of these documents that excise
discussion of the information they seek to file under seal.
Pursuant to Local Rule 7(m), the undersigned counsel conferred with counsel for
plaintiff and was informed that plaintiff does not oppose this motion. A proposed order is
attached.

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Whether the information defendants seek to file under seal is in fact subject to the
Privacy Act may be addressed, as needed, in further proceedings. Even if it does fall
under the Act, defendants believe that it would be subject to a “routine use” exception for
disclosure in the course of litigation, pursuant to 5 U.S.C. § 552a(b)(3). Nevertheless, out
of an abundance of caution, defendants bring this motion to file that information initially
under seal pending further review and order of the Court.
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Respectfully submitted this 16th day of June, 2011.

TONY WEST
Assistant Attorney General
RONALD C. MACHEN
United States Attorney
VINCENT M. GARVEY
Deputy Director
ANTHONY J. COPPOLINO
Special Litigation Counsel
/s/ Lynn Y. Lee
Lynn Y. Lee
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants Holder and Mueller in
Their Official Capacities

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