United States District Court, C.D. California, Southern Division
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
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.
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 Order shall govern any Document, information or other
material that contains “Sensitive Security
Information” as defined herein, including Documents
potentially containing Sensitive Security Information.
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.
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.
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.
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,
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.
Restricted Use Document. The term “Restricted
Use Document” shall refer to any Document that contains
Sensitive Security Information.
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).
Access to Sensitive Security Information
Access to the Sensitive Security Information under the terms
and conditions of ...