Witt v. Department of the Air Force et al

Filing 101

DECLARATION of Sher Kung re 100 Stipulation by Plaintiff Margaret Witt. (Kung, Sher)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Pursuant to 28 U.S.C. § 1746, I, Sher Kung, hereby declare as follows: 1. 2. I am counsel for the plaintiff and have personal knowledge of the facts contained Exception 11 of the Privacy Act provides for disclosure of otherwise private, in this Declaration. personnel information only pursuant to a court order. Pursuant to this Court's Order of June 1 (Dkt. No. 91) Defendants produced documents marked "CONFIDENTIAL." These documents contain highly sensitive personnel information of disciplinary action concerning two specific individuals, referred to in public documents as Servicemember-C and Servicemember-D. These servicemembers are non-parties to the litigation. The information is relevant to this case, but because it involves non-parties and personnel information, parties agree to maintain
MERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION

Honorable Ronald B. Leighton

UNITED STATES DISTRICT COURT WESTERN WASHINGTON AT TACOMA DIVISION MAJOR MARGARET WITT, Plaintiff, v. UNITED STATES DEPARTMENT OF THE AIR FORCE; ET AL., Defendants.

No. C06-5195 RBL DECLARATION OF SHER KUNG IN SUPPORT OF STIPULATION AND ORDER TO FILE DOCUMENTS MARKED "CONFIDENTIAL" UNDER SEAL

DECL. OF SHER KUNG IN SUPP. OF STIPULATION AND ORDER TO FILE DOCUMENTS MARKED "CONFIDENTIAL" UNDER SEAL (Case No. 06-5195)­ Page 1

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901 Fifth Avenue #630 Seattle, Washington 98164 [phone]

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onfidentiality of the information in these documents. These facts as laid out justify overcoming the strong presumption for public access. I declare under penalty of perjury that the foregoing is true and correct, and that this Declaration was executed on July 21, 2010 in Seattle, Washington.

/s/ Sher S. Kung______________ Sher Kung, WSBA # 42077

DECL. OF SHER KUNG IN SUPP. OF STIPULATION AND ORDER TO FILE DOCUMENTS MARKED "CONFIDENTIAL" UNDER SEAL (Case No. 06-5195)­ Page 2

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ERTIFICATE OF SERVICE I hereby certify that on July 21, 2010, I electronically filed this Declaration of Sher Kung in Support of Stipulation and Order to File Documents Marked "CONFIDENTIAL" Under Seal with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Peter Phipps [e-mail] Marion J. Mittet [e-mail] Bryan R. Diederich [e-mail] Stephen J. Buckingham [e-mail]

Attorneys for Defendants DATED this 21st day of July, 2010.

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION By: /s/ Nina Jenkins Nina Jenkins Legal Program Assistant 901 Fifth Avenue #630 Seattle, WA 98164 Tel. [phone] [e-mail]

DECL. OF SHER KUNG IN SUPP. OF STIPULATION AND ORDER TO FILE DOCUMENTS MARKED "CONFIDENTIAL" UNDER SEAL (Case No. 06-5195)­ Page 3

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MERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION

901 Fifth Avenue #630 Seattle, Washington 98164 [phone]

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