Nienhaus v. Commissioner of Social Security

Filing 29

ORDER granting 28 Motion for Protective Order; granting 28 Motion for Discovery. Signed by Magistrate Judge Clifford J. Proud on 7/10/2015. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDNA NIENHAUS,
Plaintiff,
vs.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY,

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Civil No. 14-cv-864-CJP

Defendant.
ORDER GRANTING PLAINTIFFF’S MOTION FOR DISCOVERY OF
INFORMATION SUBJECT TO A PROTECTIVE ORDER
Before this Court is Plaintiff’s unopposed motion for an order directing
Defendant to disclose certain information from her files and to impose a
protective order concerning that information (Doc. 28). The Court finds that
disclosure of certain information regarding Plaintiff’s stepchildren from the
Commissioner’s files is necessary to ensure those individuals are properly served.
Service will allow those individuals to protect any interest they may have in the
benefits that are the subject of the case before this Court.
Accordingly, the Commissioner is ORDERED to release the full names,
social security numbers, and addresses (if known) of each of Plaintiff’s
stepchildren to Mark Peebles, counsel for Plaintiff. See 20 C.F.R. § 401.180. This
order does not authorize the release of any information that constitutes a tax

return or tax return information as defined by section 6103(b) of the Internal
Revenue Code.
In light of the policies underlying the Privacy Act and the Social Security
Act, the Court ORDERS that the disclosed information be subject to a protective
order as follows:
The disclosed information may only be used for purposes relating to this
litigation (including any appeals and any proceedings on remand). Plaintiff’s
counsel must return to Defendant or destroy all copies of the disclosed
information within thirty days of the date upon which this Court’s final judgment
is no longer subject to appeal (or, if later, upon the expiration of the time to seek
judicial review of any proceedings that may be ordered on remand).
Counsel shall treat the disclosed information as being for “attorneys’ eyes
only” except that he may re-disclose the information to non-party investigators,
assistants, and contractors for purposes relating to service of process, but only
after obtaining the individual’s signed agreement that he or she has read and will
abide by the terms of this order. Counsel may also disclose the information to the
U.S. Marshals Service should he request that the USMS serve process.
The Court further ORDERS the parties to redact all information disclosed
pursuant to this order as necessary from any non-sealed document filed in this
Court. Should any of the individuals to be served file an answer or any other
document in this civil action, any information contained in the individual’s own

filing shall no longer constitute disclosed information subject to this protective
order.
The Court further AUTHORIZES the parties to provide any document filed
in this Court to any individual to be served, provided that the information
disclosed pursuant to this order may not be disclosed unless this Court so
directs.
It is so ordered
DATE: July 10, 2015.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE