Filing 41

STIPULATED PROTECTIVE ORDER granting #40 Motion for Protective Order. Signed by Judge Ellen S. Huvelle on April 3, 2017. (lcesh2)

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  IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL VETERANS LEGAL SERVICES PROGRAM, NATIONAL CONSUMER LAW CENTER, and ALLIANCE FOR JUSTICE, for themselves and all others similarly situated, Plaintiffs, Civil Action No. 16-745 ESH v. UNITED STATES OF AMERICA, Defendant. STIPULATED PROTECTIVE ORDER The parties stipulate as follows for an order, pursuant to Federal Rule of Civil Procedure 26(c), to protect the confidentiality of class member data: 1. As used in this Stipulated Protective Order, these terms have the following meanings: a. “Action” means the case styled National Veterans Legal Services Program v. United States, Case No. 16-745, in the United States District Court for the District of Columbia. b. “Attorneys” means any counsel that represents or advises a Party in the c. “Class Administrator” means the entity chosen by Class Counsel to Action. provide notice to potential Class Members. d. “Class Member” means any person or entity who paid fees for the use of PACER between April 21, 2010 and April 21, 2016, according to records maintained by the   Administrative Office of the U.S. Courts, excluding the Attorneys and federal government entities. e. “Class Member Data” means the information specified in the Court’s Order Approving Plan of Class Notice that Defendant shall produce to Plaintiffs’ Counsel for production under the terms of this Stipulated Protective Order to the Class Administrator for purposes of providing notice of the Action to potential Class Members. f. “Party” or “Parties” means any of the named Plaintiffs and named Defendant in this Action. 2. The Class Member Data shall be used solely for the purpose of this Action and no other separate proceeding of any kind, and no one receiving it shall, directly or indirectly, use, transfer, disclose, or communicate it to any person other than those specified in ¶ 3 of this Stipulated Protective Order. Any other use is prohibited. Counsel for Plaintiffs shall provide a copy of this order to the Class Administrator before the Class Member Data is provided to the Class Administrator. A representative of the Class Administrator shall then sign and date a copy of this Order affirming that the Class Administrator agrees to be bound by this Order’s provisions. Counsel for Plaintiffs shall provide counsel for Defendant with a copy of the signed Order prior to transmission of Class Member Data to the Class Administrator. 3. Access to the Class Member Data shall be limited to: a. b. The Attorneys and their support staff; and c. 4. The Court and its staff; The Class Administrator. If a Party files with the Court a document containing Class Member Data, the data shall be redacted or filed in compliance with the Electronic Case Filing Procedures for the   2   District of Columbia, as they pertain to filing Documents under seal, or with respect to Documents filed pursuant to ¶ 7(b), the Electronic Case Filing Procedures for the court in which the proceeding is pending. 5. This Stipulated Protective Order shall not apply to any documents or information requested or produced in discovery. 6. Any Party may apply to the Court for a modification of this Stipulated Protective Order, and nothing in this Stipulated Protective Order shall be construed to prevent a Party from seeking such further provisions enhancing or limiting confidentiality as may be appropriate. This Stipulated Protective Order shall apply only to Class Member Data, and shall not apply to any documents or information requested or produced in discovery. 7. No action taken in accordance with this Stipulated Protective Order shall be construed as a waiver of any claim or defense in the Action or of any position as to discoverability or admissibility of evidence. 8. The obligations imposed by this Stipulated Protective Order shall survive the termination of the Action. IT IS SO STIPULATED. Dated: March 31, 2017. CHANNING D. PHILLIPS DC Bar No. 415793 United States Attorney By: /s/ William H. Narwold MOTLEY RICE LLC William H. Narwold DC Bar No. 502352 One Corporate Center 20 Church Street, 17th Floor Hartford, CT 06103 Telephone: (860) 882-1676   DANIEL F. VAN HORN DC Bar No. 924092 Chief, Civil Division By: /s/ W. Mark Nebeker W. MARK NEBEKER, DC Bar No. 396739 3   Facsimile: (860) 882-1682 Assistant United States Attorney 555 4th Street, N.W. Washington, DC 20530 (202) 252-2536 GUPTA WESSLER PLLC Deepak Gupta, Esq. Jonathan E. Taylor 1735 20th Street, NW Washington, DC 20009 Telephone: (202) 888-1741 Facsimile: (202) 888-7792 Counsel for Defendant Counsel for Plaintiffs and the Class Finding good cause, the parties’ Consent Motion for Entry of Stipulated Protective Order is GRANTED. IT IS SO APPROVED AND ORDERED. Dated: April 3, 2017 /s/ Ellen Segal Huvelle The Honorable Ellen Segal Huvelle United States District Judge   4

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