The opinion of the court was delivered by: Hon. Robert N. Block
TONY WEST Assistant Attorney General Civil Division DAVID J. KLINE Director, Office of Immigration Litigation District Court Section VICTOR M. LAWRENCE Principal Assistant Director THEODORE W. ATKINSON Senior Litigation Counsel United States Department of Justice Civil Division Office of Immigration Litigation District Court Section P.O. Box 868, Ben Franklin Station Washington, DC 20044 Tel.: (202) 532-4135 e-mail: email@example.com Attorneys for Respondents
DISCOVERY MATTER [PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION
This matter comes before this Court on the parties' joint stipulation for the entry of a protective order governing confidential information. Good cause exists for the entry of a protective order because discovery in this action has and will result in the disclosure by the parties of personal and confidential non-privileged information, including electronic database information, possibly information from alien files (or "A-Files"), and other information concerning members of the class certified in this action and other individuals. The parties having agreed to the following terms governing the treatment of confidential information, and the Court having found that good cause exists for issuance of an appropriately-tailored confidentiality order governing the pre-trial phase of this action, it is
HEREBY ORDERED as follows:
1. Pursuant to 5 U.S.C. § 552a(b)(11), this Stipulated Protective Order authorizes Respondents to produce private identifying information and other information discoverable pursuant to Fed. R. Civ. P. 26(c) that Petitioner seeks without requiring officials of the United States to pre-screen each document for objections under the Privacy Act, 5 U.S.C. § 552a, and presenting those objections to this Court for a decision regarding disclosure.
2. The terms of this Stipulated Protective Order will govern the parties' production of information in response to discovery requests, to the extent that such production contains "Confidential Information" as defined in paragraph 3 and designated in paragraph 4. The terms of this Order shall also govern the safeguarding of such information by all individuals referenced in paragraph 6.
3. As used in this Stipulated Protective Order, "Confidential Information" is defined as any information not publicly available that is disclosed by the parties in this action and which at or before the time of disclosure has been designated as "Confidential" by the parties in accordance with paragraph 4. The disclosure of all information that the parties previously agreed to keep confidential shall now be governed by this Stipulated Protective Order. "Confidential Information" is the following: (a) the names, alien numbers, locations of, or any other identifying information which would allow the identification of the particular individual(s) to whom the information relates, (b) individual medical information, (c) certain individual financial and tax information, (d) non-public divorce decrees, (e) any information that is protected or restricted from disclosure by statute or regulation, but which the Court has ordered to be produced, and (f) any other category of information hereinafter given confidential status by the Court. If a designating party determines that information not described in this paragraph should be designated as "Confidential Information," the parties shall negotiate the appropriateness of that designation in good faith and endeavor to resolve any dispute prior to the production of that information. Information that is not "Confidential Information" includes, but is not limited to, aggregate information concerning class members that does not permit the identification of the particular individuals to whom the information relates.
4. "Confidential Information" may be designated by the parties in one or more of the following ways:
a. "Confidential Information" set forth in a response to an interrogatory may be so designated by including the word "Confidential" in the response.
b. "Confidential Information" contained in a document or part thereof may be so designated by marking the production of any "Confidential Information" with the words "CONFIDENTIAL" or "THIS DOCUMENT IS SUBJECT TO A COURT ORDER IN RODRIGUEZ, ET AL. v. ROBBINS, ET AL., No. 07-cv-3239 (C.D. Cal.). THIS DOCUMENT AND ITS CONTENTS SHALL NOT BE USED, SHOWN OR DISTRIBUTED EXCEPT AS PROVIDED IN THE PROTECTIVE ORDER ENTERED IN THIS ACTION."
c. "Confidential Information" contained in any statement made during an oral deposition may be so designated through a statement made on the record.
d. Information that is otherwise properly designated as "Confidential Information" shall not be so designated or considered where the detainee to whom the information refers has affirmatively consented to its disclosure.
5. If a Party disagrees with a designation of "Confidential Information," it shall provide the designating party written notice of its challenge. If the parties cannot resolve this dispute, a non-designating party may object to and challenge the designation of any information as "Confidential Information" in a manner that comports with Local Rules 37-1 and 37-2. The designating party bears the burden of showing that information is confidential. Failure to challenge a designation immediately does not waive a party's ability to bring a later challenge.
6. Information designated as "Confidential Information," including the portion of any document containing "Confidential" information, may be disclosed by a ...