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Yith v. Mcaleenan

United States District Court, E.D. California

June 21, 2019

SEANLIM YITH and SEAK LEANG YITH, Plaintiffs,
v.
KEVIN K. MCALEENAN, in his Capacity as Acting Secretary of Homeland Security, et al., Defendants.

          PROTECTIVE ORDER

          SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE.

         Pursuant to the provisions of Federal Rule of Civil Procedure 26(c), the Court enters this Protective Order upon motion of Defendants, for the purpose of protecting Confidential Material disclosed by the Parties.

         IT IS ORDERED, ADJUDGED, AND DECREED that the following procedures will govern the production and/or use of Confidential Material in this action:

         1. This Protective Order governs the treatment and handling of all Confidential Material produced in accordance with the Federal Rules of Civil Procedure or any order of the Court, by any Party to any other Party in this matter.

         2. Confidential Materials subject to protection under the Privacy Act which are otherwise discoverable are authorized to be produced. 5 U.S.C. § 552a(b)(11).

         3. Any Party furnishing Confidential Material, defined as documents, things, information or other materials, in whatever form, which, in the opinion of that Party contains information protected by the Privacy Act, 5 U.S.C. § 552a, the Freedom of Information Act, 5 U.S.C. § 552, and/or the law enforcement, investigatory files, informant privilege, or any other privilege under federal or state law, may designate such material as subject to this Protective Order by marking each page of the document as “Subject to Protective Order, ” whether it be a document, information contained in a document, information revealed during an interrogatory answer, or otherwise.

         Any Party receiving Confidential Material which in the opinion of the designating party contains information protected by the Privacy Act, 5 U.S.C. § 552a, the Freedom of Information Act, 5 U.S.C. § 552, and/or the law enforcement, or investigatory files privilege(s), and/or any other privilege under federal or state law, may designate such material as subject to this Protective Order by marking each page of the document as either “Subject to Protective Order, ” provided that the Party provides notice of such designation within 14 days of receipt to counsel for all other Parties.

         4. Confidential Material designated “Subject to Protective Order” pursuant to this Order shall be used by a Party only for purposes related to this action and for no other purpose, under other restrictions as explained elsewhere in this Order, and under no circumstances, other than those specifically provided for in this or a subsequent Order of this Court, shall any Party disclose it to persons or entities other than the following:

a. The Court and Court personnel;
b. A Party and Counsel of record for a Party;
c. Secretarial, clerical, paralegal or paraprofessional staff, or other members of the legal team, provided such counsel deems the disclosure reasonably necessary for the conduct of this litigation;
d. Experts or consultants who have been retained by a Party for the purpose of assisting in the conduct of this action;
e. Fact witnesses during their deposition, or in preparation for their deposition, provided that counsel of record for a Party deems the disclosure reasonably necessary for the conduct of this litigation and that no disclosure is made to persons outside the authorization of this Order; and
f. Other persons upon order of this Court or upon stipulation of the Party who designated the Confidential Material in question as ...

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