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Phyllis Beech, An Individual v. Shaun Donovan

December 13, 2011

PHYLLIS BEECH, AN INDIVIDUAL,
PLAINTIFF,
v.
SHAUN DONOVAN, SECRETARY, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, A GOVERNMENTAL AGENCY; AND DOES 1 THROUGH 10, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: Honorable Andrew J. Wistrich

PROTECTIVE ORDER

Pursuant to the Joint Stipulation for Protective Order filed by the parties herein, IT IS HEREBY ORDERED that:

Defendant Shaun Donovan, sued in his official capacity as Secretary of the United States Department of Housing and Urban Development ("HUD"), is permitted to produce: (1) various lists of candidates for the Community Planning and Development Specialist ("CPD") position for each of the three field office locations to which Plaintiff applied; (2) applications/resumes of the other candidates who applied for the CPD position; (3) information about candidates who were considered for the CPD position; (4) information about specific candidates who were selected for the CPD position; and (5) information about employment actions taken with respect to certain candidates who were hired for the CPD position (hereinafter items 1-5 are collectively referred to as the "Protected Information").

The Protected Information documents will be redacted prior to disclosure to remove: (1) personal data identifiers contained therein (if any) such as social security numbers, home addresses and telephone numbers; and (2) financial data (if any) for non-parties such as wage records.

The Protected Information shall be used by the parties, counsel, experts, consultants and witnesses only for the purpose of this litigation, and not for any other purpose whatsoever.

The Protected Information, and/or contents thereof, shall be disclosed only to the following:

1. counsel of record for the parties;

2. Plaintiff, who shall be permitted to review the Protected Information in the presence of counsel of record, but shall not be given a copy thereof, provided that she agrees to be bound by the terms of the Protective Order issued by the Court and shall execute a confidentiality agreement in the form attached hereto as Attachment A to the Stipulation for Protective Order;

3. expert consultants/witnesses, who are retained or consulted by the parties for the purposes of providing testimony or performing other services relating to this action, provided that they shall agree to be bound by the terms of the Protective Order issued by the Court and shall execute a confidentiality agreement in the form attached as Attachment A to the Stipulation for Protective Order; or

4. non-expert witnesses to this action, but only to the extent that disclosure is necessary to question a witness or prepare a witness to be questioned by another party; provided that they shall agree to be bound by the terms of the Protective Order issued by the Court and shall execute a confidentiality agreement in the form attached as Attachment A to the Stipulation for Protective Order. Said non-expert witnesses shall be permitted to review the Protected Information in the presence of counsel, but shall not be given a copy thereof to retain.

All documents (including all items identified in Rule 1001 of the Federal Rules of Evidence), pleadings, or transcripts of deposition testimony filed in this litigation, including any appeal, that contain, or disclose the contents of the Protected Information shall be submitted under seal. The submitting party shall request the Court to impound any of the Protected Information that may be submitted as evidence and to maintain the same as a sealed record of the Court not available for review by the public. All deposition transcripts that contain or disclose the contents of the Protected Information shall be maintained under seal and be subject to the provisions of the Stipulated Protective Order even if they are not filed with the Court.

At the conclusion of this litigation, including any appeal taken therefrom, all originals or reproductions of the Protected Information, including documents attached to depositions and pleadings, shall be returned to Defendant by Plaintiff's counsel within 30 days of the conclusion of the action, including copies provided to expert consultants/witnesses. This shall not include documents: (1) that have been filed with the Court; (2) that contain notations of counsel or experts/consultants, in which case they are to be destroyed by Plaintiff's counsel within 30 days of the conclusion of the action; and (3) electronically stored information, in which case it is to be deleted and/or destroyed by Plaintiff's counsel within 30 days of the conclusion of this action.

Upon conclusion of this action, including any appeal taken therefrom, Plaintiff's counsel shall, within 30 days from the conclusion of this action, file a certification with the district court that they have irretrievably destroyed all documents which are the subject of the Stipulated Protective Order. They shall further certify that they have returned to Defendant all originals and reproductions (as defined by Rule 1001(4) of the Federal Rules of Evidence) that they have made of such documents in accordance with this Order. Plaintiff's counsel shall further certify that they have deleted and/or destroyed any electronically stored information or documents containing notations of counsel or experts/consultants, which are the subject of the Stipulated Protective Order.

Plaintiff's counsel also agrees to return (or in the case of electronically stored information, delete and/or destroy) within 14 days from Defendant's request, any documents (originals and reproductions) subject to the Stipulated Protective Order which were inadvertently disclosed or not redacted. Plaintiff's ...


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