The opinion of the court was delivered by: Judge Paul L. Abrams United States Magistrate Judge
ERIC R. WELSH Reeves and Associates APLC 2 North Lake Avenue 9th Floor Pasadena, CA 91101 Tel: 626-795-6777 Fax: 626-795-6999 Email: firstname.lastname@example.org Attorney for Plaintiff ANDRE BIROTTE, JR. United States Attorney TONY WEST Assistant Attorney General COLIN A. KISOR Senior Litigation Counsel KATHERINE E.M. GOETTEL Trial Attorney Office of Immigration Litigation P.O. Box 868, Ben Franklin Station Washington, DC 20044 Telephone: (202) 532-4115 Facsimile: (202) 305-7000 Email: email@example.com Attorneys for Defendants
NOTE: CHANGES MADE BY THE COURT
STIPULATION AND PROCTECTIVE
The parties, by and through counsel, stipulate and agree that:
1. 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). 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).
2. In this case, Defendants contend that some of the documents which they will disclose in the course of this litigation (1) contains information about individuals protected by the Privacy Act and (2) information that, if disclosed, might result in an invasion of personal privacy of the subjects of the records.
3. The parties agree that entry of this Stipulation and Protective Order is necessary to facilitate discovery of information without document-by-document controversy concerning confidentiality. "Confidential information" is defined in paragraph 5 of this Stipulation and Protective Order. The parties therefore seek an Order of the Court permitting the federal defendants to produce such records to plaintiff under the conditions in this Stipulation and Protective Order and permitting the parties to use such records solely for the purposes of this litigation.
4. The defendants shall produce documents responsive to any of discovery requests even where the defendants contend that those documents are exempt from the conditions and limitations that follow.
5. Counsel for the defendants shall designate in writing those documents as "Confidential" that the defendants contend are exempt from disclosure to Plaintiff by the Privacy Act. Such designations shall be made at the time of production whenever possible. Alien files, in their entirety, will be designated "confidential."
6. 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.
7. Counsel shall take reasonable steps to safeguard the confidentiality of all documents, records, and information produced pursuant to this Stipulation and Protective Order.
8. The right of access to materials designated as Confidential shall be limited to the parties, counsel for the parties, paralegals and expert or opinion witnesses in the parties' employ or retainer, and any other person mutually authorized by counsel for all parties to examine such materials. The foregoing right of access to these materials shall be provided only if a party or counsel for the party is a signatory to this Order and agrees to be bound by its terms.
9. The parties shall have the right to use records produced by the defendants in the conduct of this matter and in all preparations for trial. Any disclosure of the Confidential documents and records to third parties will be conditioned upon the recipient being advised of the terms of this Stipulation and Order and agreeing in writing to comply with its terms. The third-party recipient must also be advised that a failure to comply with this ...