United States of America v. Hirani

Filing 19

PRIVACY ACT PROTECTIVE ORDER granting 18 Motion for Protective Order. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,
Plaintiff,

4:14CV3025

vs.
PRIVACY ACT
PROTECTIVE ORDER

RAKESH VASANT HIRANI, a/k/a
RAKESHKUMAR VASANTLAL
PATEL,
Defendant.

This matter is before the Court on the parties’ Unopposed Motion for a Privacy
Act Protective Order (Filing No. 18).

The parties having entered into a stipulation

regarding the exchange of information during discovery that is protected from disclosure
by the Privacy Act of 1974, 5 U.S.C. § 552a, the Court for good cause shown hereby
grants the motion.

IT IS ORDERED that in accordance with the terms of this Privacy Act Protective
Order, pursuant to 5 U.S.C. § 552a (b)(11), Plaintiff is authorized to release to counsel
for Defendant, and the Court in this case, the record related to this matter, which
contains unredacted identifying information of Defendant, and where appropriate and
allowable by law, third parties, without obtaining prior written consent of the Defendant
and/or third parties whose names, addresses, and other identifying information may be
present in such documents. Such disclosure is subject to the following conditions:
1.

In the course of litigation, the parties anticipate the production of

documents containing identifying information relating to the parties, including third
parties not participating in this lawsuit. The Privacy Act of 1974, 5 U.S.C. § 552a,
regulates the collection, maintenance, use and dissemination of personal information by
federal government agencies, and prohibits federal agencies from disclosing any such
information to any individual other than the individual to whom the records pertain,
subject to certain exceptions. See 5 U.S.C. § 552a(b).
2.

A court of competent jurisdiction may order the disclosure of materials

protected by the Privacy Act. See 5 U.S.C. § 552(a)(b)(11).

3.

To facilitate the exchange of documents, without potentially undermining

the purposes of the Privacy Act, Plaintiff agrees to produce to Defendant, unredacted
records relating to this action, and, where appropriate and allowable by law, third party
identifying information. The parties therefore seek an Order of the Court permitting
Plaintiff to produce such records to Defendant under the conditions in this Stipulation
and Protective Order, in accordance with the Privacy Act of 1974, 5 U.S.C. § 552a, and
permitting the parties to use such records solely for the purposes of this litigation.
4.

In accordance with the terms of this Privacy Act Protective Order,

pursuant to 5 U.S.C.§ 552a (b)(11), Plaintiff is authorized to release to counsel for
Defendant, and the Court in this case, the record related to this matter, which contains
unredacted identifying information of Defendant, and where appropriate and allowable
by law, third parties, without obtaining prior written consent of the Defendant and/or third
parties whose names, addresses, and other identifying information may be present in
such documents.
5.

The documents, including the disclosure of information regarding third

parties necessary for the litigation of this case, will be provided for review by the parties
(or their counsel) in strict confidence. Right of access to this material shall be limited to
the parties, counsel for the parties, expert witnesses in their employ, and paralegals and
any other person mutually authorized by all counsel to examine such materials. Any
person having access to this material shall be informed that it is confidential and subject
to a non-disclosure order by this Court. Except as provided herein, no person having
access to material designated as Confidential shall make public disclosure of those
materials or any information contained therein without further Order of the Court,
stipulation of all parties, and/or as permitted by this Order.
6.

The parties shall have the right to use records produced by Plaintiff in the

conduct of this matter and in all preparations for trial. Any disclosure of the Confidential
documents and records or information derived therefrom shall be conditioned upon the
recipient of the documents, records, or information being advised of the terms of this
Stipulation and Protective Order and agreeing in writing to comply with its terms, with
the understanding that a failure to comply with this Order may result in the imposition of
sanctions by this Court. Such written agreement shall take the following form:
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I, _______________, hereby acknowledge that I have read
the Stipulation and Protective Order entered on August 20,
2014, in United States of America v. Rakesh Vasant Hirani,
aka Rakeshkumar Vasantlal Patel, No. 14-3025-JFB-TDT, in
the United States District Court for the District of Nevada. I
hereby agree to be bound by the terms and conditions of
that Protective Order, including that the documents and
information protected by that Protective Order are to be used
for the sole purpose of this litigation and that they may not
be disclosed, in any manner whatsoever, to anyone for any
other purpose or reason whatsoever. I acknowledge that my
duties under that Protective Order shall survive the
termination of this case and are permanently binding on me
and that failure to comply with the Protective Order may
result in the imposition of sanctions by the Court.
7.

If any documents are filed with the Court in connection with motions or

other matters in this case, the parties will protect identifying information and other
private information in compliance with Rule 5.2 of the Federal Rules of Civil Procedure
and any other applicable Local Rules and Procedure.
8.

Any motion to file documents under seal will be made in compliance with

the standards set in the Local Rules of Civil Procedure for the District of Nebraska.
9.

All copies of documents produced shall be destroyed or returned to the

attorney representing the party providing the documents within sixty days of the
conclusion of all district court and appellate proceedings, with the exception that any
documents a party has obtained independently of this litigation need not be destroyed
or returned. Once the material is destroyed, counsel shall notify the opposing party’s
attorney. Counsel shall take reasonable steps to safeguard the confidentiality of all
documents, records, and information produced pursuant to this Stipulation and
Protective Order.
10.

In the event that any material subject to this order is used in any court

proceeding, it shall not lose its protected status through such use, and the parties shall
take all steps reasonably required to protect its confidentiality during such use, including
complying with Rule 5.2 of the Federal Rules of Civil Procedure and any other
applicable Local Rules and Procedure.

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11.

To facilitate further exchanges of any documents that may be necessary

for this litigation, the parties may, by letter between counsel, agree to designate other
documents or material as being subject to this order.
12.

This Order is without prejudice to the right of any party to make any

objection to discovery permitted by the Federal Rules of Civil Procedure, or by any
statute or other authority.
13.

Nothing in this Stipulation and Protective Order shall be construed to

preclude any party from asserting the attorney-client privilege, work product doctrine, or
any other privilege or doctrine and declining to produce materials or portions of
materials in instances when that party believes any disclosure would compromise the
interests and purposes underlying a privilege, doctrine, or statute. Correspondingly,
nothing in this Stipulation and Protective Order shall be construed as waiving any
party’s rights to object to the assertion of any privilege, doctrine, or statute and to move
to compel production of the information, records, or documents withheld pursuant to
such assertions.
14.

The Order protects any materials that have been previously produced in

anticipation of entry of this Order.
Dated this 21st day of August, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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