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Allen v. United States

United States District Court, C.D. California, Southern Division

July 21, 2016

JAMES ALLEN, JEANNE ALLEN Plaintiffs,
v.
UNITED STATES OF AMERICA, et al, Defendants.

          PROTECTIVE ORDER GOVERNING ACCESS TO, HANDLING OF, AND DISPOSITION OF POTENTIAL SENSITIVE SECURITY INFORMATION [CHANGES MADE BY COURT TO PARAGRAPHS 7.1, 7.2, 7.3]

          HONORABLE JACQUELINE CHOOLJIAN UNITED STATES MAGISTRATE JUDGE

         Upon consideration of the Stipulation filed by the parties requesting that the Court issue a Protective Order in regard to Sensitive Security Information (SSI) and for good cause shown, the stipulated request is GRANTED.

         In accordance with Section 525(d) of the Department of Homeland Security Appropriations Act, 2007, Public Law No. 109-295, § 525(d), 120 Stat. 1382, 1355 (Oct. 4, 2006), as reenacted (the “Act”), the Court hereby enters this Protective Order Governing Access to, Handling of, and Disposition of Potential Sensitive Security Information (the “Order”) exchanged in the above-captioned matter (this “Litigation”).

         1. Scope

         1.1 This Order shall govern any Document, information or other material that contains “Sensitive Security Information” as defined herein, including Documents potentially containing Sensitive Security Information.

         1.2 Nothing contained herein alters or affects or in any manner changes a Covered Person’s obligations and duties as set forth in 49 C.F.R. Part 1520.

         2. Definitions

         2.1 Cleared Counsel. The term “Cleared Counsel” shall refer to the two attorneys representing the Plaintiffs in this Litigation, who are not otherwise authorized to have access to Sensitive Security Information pursuant to 49 C.F.R. Part 1520, but whom the Transportation Security Administration (“TSA”) has cleared for access to specific Sensitive Security Information after determining that such access does not present a risk of harm to the nation based upon a criminal history records check, terrorist threat assessment, and evaluation of the sensitivity of the information as mandated by Section 525(d) of the Act. Cleared Counsel must agree to be bound by the terms of this Protective Order by signing attached EXHIBIT A.

         2.2 Covered Person. The term “Covered Person” shall refer to any person who is authorized to have access to specific Sensitive Security Information pursuant to 49 C.F.R §§ 1520.7 and 1520.11.

         2.3 Documents. The term “Documents” shall include, but is not limited to, all written or printed matter of any kind, formal or informal, including originals, conforming and nonconforming copies (whether different from the original by reason of notation made on such copies or otherwise). The term further includes, but is not limited to, the following:

a. papers, correspondence, memoranda, notes, letters, reports, summaries, photographs, maps, charts, graphs, inter-office and intra-office communications, notations of any sort concerning conversations, meetings, or other communications, bulletins, teletypes, telegrams, telefacsimiles, invoices, worksheets, transcripts of any kind (including depositions and Court proceedings), legal briefs, pleadings and papers (including those filed with the Court) and drafts, alterations, modifications, changes and amendments of any kind to the foregoing;
b. graphic or oral records or representations of any kind, including, but not limited to, photographs, charts, graphs, microfiche, microfilm, videotapes, sound recordings of any kind, and motion pictures;
c. electronic, mechanical or electric records of any kind, including, but not limited to, tapes, cassettes, disks, recordings, electronic mail, films, typewriter ribbons, word processing or other computer tapes or disks, and all manner of electronic data processing storage.

         2.4 Restricted Use Document. The term “Restricted Use Document” shall refer to any Document that contains Sensitive Security Information.

         2.5 Sensitive Security Information. The term “Sensitive Security Information” shall have the meaning set forth in 49 U.S.C. § 114(r)(1)(C), 49 C.F.R. § 1520.1 et seq., and as designated in orders issued by TSA pursuant to 49 U.S.C. § 114(r).

         3. Access to Sensitive Security Information

         3.1 Access to the Sensitive Security Information under the terms and conditions of ...


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