A. Philip Randolph Institute et al v. Husted

Filing 103

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER. Signed by Judge George C. Smith on 4/5/2017. (agm)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

OHIO A. PHILIP RANDOLPH INSTITUTE, et al.
Plaintiffs,
v.
SECRETARY OF STATE, JON HUSTED
Defendant.

:
:
: Case No. 2:16-cv-00303
:
: JUDGE GEORGE C. SMITH
:
: Magistrate Judge Deavers
:
:

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER
Counsel for Plaintiffs and Defendant have conferred and agree to stipulate to the following order
(the “Protective Order”):
1.

This Stipulated Confidentiality Agreement and Protective Order (“Agreement and
Order”) is necessary because Plaintiffs have sought in discovery a recent data list in the
Secretary’s possession that originated from the Bureau of Motor Vehicles (“BMV”).

2.

This Agreement and Order covers documents with information originating from the
BMV that are in Defendant’s possession, custody, or control, and that are responsive to
Plaintiffs’ discovery requests. More specifically, the responsive documents consist of a
list of Ohioans with a driver’s license as of approximately March 23, 2017.

This

Agreement and Order applies to the Responsive Documents and all information in the
Responsive Documents. These documents and all information in the documents are
collectively referred to herein as the “Responsive Documents.”
3.

Prior to producing the Responsive Documents to Plaintiffs, Defendant shall affix the
word “Confidential” to the Responsive Documents.

Accidental disclosure of the

Responsive Documents without a “Confidential” designation does not waive the
confidence and protections provided under this Agreement and Order.
4.

Prior to producing the Responsive Documents, the Secretary shall redact the following
information from the Responsive Documents: all digits but the last two digits of social
security numbers.

Accidental disclosure of the Responsive Documents without

redactions does not waive the confidence and protections provided under this Agreement
and Order.
5.

The Responsive Documents shall be used solely for the purposes of this litigation,
including all levels of appeal. Plaintiffs and others bound by this Agreement and Order
agree not to use the information in the Responsive Documents to contact or communicate
with any individual for any reason.

6.

Within thirty (30) days after the conclusion of this litigation, including any appeals,
Plaintiffs and their counsel and all other individuals who have received a copy of the
Responsive Documents (aside from the Secretary, the Court, and Court support staff)
shall destroy all copies of the Responsive Documents in their possession, custody, or
control.

7.

The Responsive Documents may be disclosed to and used only by:
a.

Counsel of record for the parties, other attorneys within such counsel’s office and

such counsel’s support staff involved in this litigation;
b.

An outside consultant or expert who is being consulted or retained by Plaintiffs’

counsel in this litigation, including such consultant’s or expert’s support staff;
c.

The Court, and its support staff; and

d.

Any other person as ordered by the Court.

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8.

Prior to disclosing any Responsive Documents to any individuals (other than the Court
and its support staff) referenced in Paragraph 7, Plaintiffs’ counsel shall obtain from said
individuals, as a condition of receiving the Responsive Documents, the agreement
annexed hereto as Attachment A.

9.

Subject to Paragraphs 10 and 11 and the other terms of this Agreement and Order and the
Federal Rules of Civil Procedure, any party may use Responsive Documents in the course
of a deposition or hearing as may be allowed, provided that prior to his or her
examination, the witness is furnished with a copy of this Order and has executed
Attachment A to this Order.

10.

Individuals to whom Responsive Documents are disclosed may only thereafter publicly
use or disclose calculations and analyses that summarize data from the Responsive
Documents and do not reveal any personal identification information.

Subject to

Paragraphs 7 and 11, individuals to whom Responsive Documents are disclosed shall not
share with any other person or entity personal identification information from any of the
Responsive Documents, including names, addresses, and any other information that can
or may be used to identify individuals.
11.

In the event that Plaintiffs intend to use any of the personal identification information in
Paragraph 10 in a court filing or proceeding (i.e. names, addresses, and any other
information that can or may be used to identify individuals), Plaintiffs shall only do so
under seal or in a confidential court setting. Plaintiffs shall ensure that any references to
this information in any transcripts is redacted or put under seal prior to making any
transcripts public.
IT IS SO ORDERED.

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s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT
Respectfully submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
s/ Steven T. Voigt
STEVEN T. VOIGT (0092879)
Principal Assistant Attorney General
HEATHER L. BUCHANAN (0083032)
Senior Assistant Attorney General
Constitutional Offices Section
30 East Broad Street, 16th Floor
Columbus, Ohio 43215
Tel: [phone]; Fax: [phone]
[e-mail]
[e-mail]

s/ Naila Awan (by email authority)
NAILA AWAN, Trial Attorney (0088147)
STUART C. NAIFEH*
CAMERON BELL*
Dēmos
220 Fifth Ave., 2nd Flr.
New York, NY 10001
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
FREDA J. LEVENSON (0045916)
ACLU of Ohio
4506 Chester Avenue
Cleveland, Ohio 44103
Telephone: [phone]
Email: flevenson@acluohio

Counsel for Defendant
Secretary of State Jon Husted

DANIEL P. TOKAJI
Cooperating Attorney for ACLU of Ohio
The Ohio State University
Moritz College of Law**
55 W. 12th Ave
Columbus, OH 43210
Telephone: [phone]
Email: [e-mail]
RICHARD SAPHIRE (0017813)
Cooperating Attorney for ACLU of Ohio
University of Dayton School of Law**
300 College Park
Dayton, Ohio 45469
Telephone: [phone]
Email: [e-mail]
PAUL MOKE (0014099)
Cooperating Attorney for ACLU of Ohio
Wilmington College**
1252 Pyle Center
Wilmington, Ohio 45177
Telephone: [phone]
Email: [e-mail]
Counsel for Plaintiffs

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