Downs v. Shinseki

Filing 63

PRIVACY PROTECTIVE ORDER. Signed by Magistrate Judge Juliet E. Griffin on 10/25/12. (xc:Pro se party by electronic notification.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified Text on 10/25/2012 (dt).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
STEPHEN A. DOWNS,
Plaintiff,

v.
ERIC K. SHINSEKI, SECRETARY,
DEPARTMENT OF VETERANS
AFFAIRS.
Defendant.

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Civil Case No.: 3:10-cv-0661
JUDGE TRAUGER
MAGISTRATE JUDGE GRIFFIN

PRIVACY PROTECTIVE ORDER
For the purpose of protecting the privacy of the United States Department of Veterans Affairs
employees and applicants against the unreasonable and unprotected disclosure of information
pertaining to them and in accordance with the provisions and objectives of the Privacy Act of 1974, 5
U.S.C. § 552a (1976), it is hereby ORDERED pursuant to 5 U.S.C. § 552a(b)(11) and Rule 26(c) of
the Federal Rules of Civil Procedure:
1.

This Order applies to, governs, and directs the disclosure in the course of this action,

under the Federal Rules of Civil Procedure, of all records which are either covered by the Privacy
Act or otherwise contain personal information regarding individuals other than Plaintiff and which
are encompassed by the Federal Rules requiring disclosure or are reasonably necessary or useful to
respond to the Plaintiff’s formal discovery. However, this Order neither addresses nor overrules any
objections to discovery made pursuant to the Federal Rules of Civil Procedure on any basis other
than personal privacy. This Order permits Defendant to meet its disclosure and discovery obligations
by disclosing to Plaintiff or Plaintiff’s attorneys those files and documents, or information from those

files and documents, reasonably calculated to fulfill those obligations without requiring Defendant to
pre-screen each document for Privacy Act objections and present those objections to this Court for a
decision regarding disclosure.
2.

The records or the information obtained from those records shall be disclosed by

Defendant only to Plaintiff and/or his attorney. Plaintiff and/or his attorney shall be allowed to copy
any such records but shall not disclose them or any information obtained from them to any person
unless such disclosure is reasonably calculated in good faith to aid the preparation or prosecution of
litigation against Defendant. Plaintiff and/or his attorney shall ensure that any person to whom
disclosure may be made shall, prior to such disclosure, be informed of the terms of this Order. Any
person to whom such disclosure is made and who is aware of this Order shall be bound by the terms
of this Order.
3.

No person to whom a record covered by this Order is disclosed by Plaintiff or

Plaintiff’s attorney shall make a copy of the record unless copying reasonably promotes the
preparation for and trial of this litigation. Neither Plaintiff, his attorney, nor any individual to whom
they make disclosure shall disclose a record covered under this Order and information contained in
or derived from such a record except for the purposes of preparing for and prosecuting this litigation.
4.

Upon conclusion of this action (including appeals), all records or copies of records

(except copies of documents accepted into evidence) secured from the Defendant or its agents and
protected by the terms of this Order shall within a reasonable period either be returned to Defendant
or destroyed by Plaintiff.
5.

Nothing in this Order constitutes any decision by the Court concerning discovery

disputes, the admission into evidence of any specific document, or liability for payment of any costs
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of production or reproduction, nor does the Order constitute a waiver by Defendant of his or his right
to object to the discovery of or admission into evidence of any record or information subject to this
Order. By consenting to this Order, neither party waives any of its positions respecting either the
facts or the law applicable to this litigation.
ENTERED this

day of

______________________________
JULIET GRIFFIN
UNITED STATES MAGISTRATE JUDGE

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