United States District Court, C.D. California
A. READLER Acting Assistant Attorney General ANTHONY J.
COPPOLINO Deputy Branch Director EMILY NEWTON (Va. Bar No.
80745) Trial Attorney U.S. Department of Justice Civil
Division, Federal Programs Branch Counsel for Defendants
Honorable Jean P. Rosenbluth United States Magistrate Judge
consideration of the parties' joint stipulation for entry
of a Protective Order, and pursuant to Federal Rule of Civil
Procedure 26(c), it is hereby ORDERED that:
Order shall govern the disclosure, handling, and use of the
following documents in this case, hereinafter referred to as
a. The document dated February 17, 2012, and entitled
“Record of Interview - DS Case # VF-2012-50036 Noriko
AMARI, J-1 Visa Fraud, ” setting forth the record of a
telephone interview of Ms. Amari (with Tomoko Hayama, Bow Mun
Chin, and Edward Choi, identified respectively as Ms.
Amari's translator, attorney, and friend) conducted on
February 16, 2012, at the Bureau of Diplomatic Security's
(“DS”) Honolulu Resident Office, during which
State Department representatives from the DS Victims'
Advocacy Program, DS Criminal Fraud Investigations Branch, DS
Honolulu Resident Office, Office of Consular Fraud Prevention
Programs, Bureau of East Asian and Pacific Affairs, and
Bureau of Educational and Cultural Affairs
(“ECA”), as well as a translator, participated,
and consisting of two type-written pages; and
b. The document containing the typed and hand-written notes
memorializing the same telephone interview of Ms. Amari on
February 16, 2012, taken down by the ECA Representative who
participated in the interview and consisting of nine pages.
information derived from Protected Information, even if
incorporated into another document or compilation or referred
to in testimony, shall be treated as Protected Information.
Before production, a producing party shall mark Protected
Information with “PRODUCED SUBJECT TO PROTECTIVE ORDER,
” “SUBJECT TO PROTECTIVE ORDER, ” or a
Except as provided in Paragraph 5, no person who obtains
access to Protected Information pursuant to this Order shall
disclose these documents or that information without either
the prior, express, written consent of the producing party or
its counsel, or further order of the Court.
Counsel for the parties may disclose Protected Information
only to (a) the attorneys of record for the parties; (b)
associates and staff of the attorneys of record for the
parties, but only to the extent necessary to perform their
duties; (c) Defendants and their employees; (d) experts and
witnesses; and (e) Plaintiff and its employees.
Before Plaintiff's counsel discloses Protected
Information to any person listed in Paragraph 5, that person
must be provided with a copy of this Order, and must sign a
copy of the Acknowledgment and Consent form attached hereto
(Exhibit A). Plaintiff's counsel shall retain copies of
the signed Acknowledgment and Consent forms in their
litigation files and shall make them available to
Defendants' counsel upon request.
Protected Information is disclosed to any person not listed
in Paragraph 5, upon learning of such disclosure
Plaintiff's counsel must promptly (a) inform Defendants
of the disclosure, including the surrounding facts and
circumstances; and (b) request the return or destruction of
the Protected Information and seek to minimize any further
person to whom Plaintiff's counsel discloses Protected
Information shall return to Plaintiff's counsel (or
destroy, and certify such destruction in writing to
Plaintiff's counsel) all such materials and any copies
thereof upon termination of this civil action and any appeals
thereof, or when they are no longer assigned or retained to
work on this case, whichever comes first.
Before filing a document containing Protected Information, a
party shall move for leave to file the document under seal
pursuant to Local Rule 79-5.2. If leave is denied, the
parties shall confer to discuss procedures necessary to
prevent the disclosure of the Protected Information. Prior to
using any Protected Information in open court, counsel for