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Flores-Rodriguez v. Sessions

United States District Court, D. Nevada, Reno Division

May 16, 2017

GUADALUPE FLORES-RODRIGUEZ (a.k.a. Guadalupe Flores) Petitioner,
v.
JEFFERSON B. SESSIONS III, U.S. ATTORNEY GENERAL, Respondent.

          STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

         1. The parties expect that information protected by the Privacy Act of 1974, 5 U.S.C. § 552a, as amended, will be disclosed to Petitioner in the course of discovery and produced to the Court in pleadings, motions and other documents. Specifically, the Respondent represents that it has in its possession one or more alien files (hereinafter “A-files”) of individuals who are citizens and/or lawful permanent residents of the United States. These A-files contain information that is and/or may be discoverable in the instant litigation, but the Respondent believes that the files are protected from disclosures under the Privacy Act of 1974, 5 U.S.C. § 552a, as amended. These A-files also contain personal data identifiers which are subject to redaction under Local Rule 5.2-1. Additionally, the Respondent has in its possession Petitioner's A-file, which contains identifying information, which is or may be discoverable, concerning individuals other than Petitioner. The Respondent believes that this information is also protected from disclosure under the Privacy Act of 1974, 5 U.S.C. § 552a, as amended and is subject to redaction under Local Rule 5.2-1.

         2. Thus, with the agreement of the parties, the Court having determined that there is good cause for issuance of a protective order pursuant to Federal Rule of Civil Procedure 26(c) to govern the disclosure, use, and handling by the parties and their respective agents, successors, personal representatives and assignees of certain information and items produced and received in discovery in the above-captioned action, IT IS HEREBY ORDERED as follows:

         A. Definitions

         1. “Action” shall mean the case captioned Flores-Rodriguez v. Sessions (D. Nev. No.3:16-cv-00621).

         2. “Confidential Information” shall mean information that, at the time of its production in discovery in the action, or thereafter, is designated confidential by the Producing Party because of a good faith belief that the information: (a) is not in the public domain, or if in the public domain, is improperly in the public domain; and (b) is [either] (i) a trade secret or other confidential research, development, or commercial information as such terms are used in Federal Rule of Civil Procedure 26(c)(1)(G), [or] (ii) personal financial, medical or other private information relating to an individual that would properly be redacted from any public court filing pursuant to Federal Rule of Civil Procedure 5.2., (iii) information protected by the Privacy Act of 1974, 5 U.S.C. § 552a, as amended, including, but not limited to information about an individual regarding his or her education, financial transactions, medical history, criminal or employment history and that contains his or her name, or the identifying number, symbol, or other identifying articular assigned to the individual, such as a finger or voice print or photograph., 3. “Disclose” (or forms thereof) shall mean to distribute, provide, or otherwise make available for access, viewing, or copying. “Disclose” shall include the actual covered document or item as well as the contents or information contained therein, such that disclosing a copy, summary, paraphrasing, or characterization would be considered a disclosure of the document itself for purposes of this Protective Order.

         4. “Document” shall mean all items listed in Federal Rule of Civil Procedure 34(a)(1)(A) & B.

         5. “Challenging Party” shall mean any party who challenges the designation of information as Confidential Information under this Protective Order.

         6. “Designating Party” shall mean the party or other person producing in discovery in the Action any information that the Producing Party seeks to designate and have treated as Confidential Information pursuant to this Protective Order.

         7. “Producing Party” shall mean the person or party producing in discovery in the Action.

         8. “Receiving Party” shall mean any party who receives information that has been designated as Confidential Information.

         B. Purpose, Scope, and Limitations of Protective Order 1. This Protective Order applies to discovery, pre-trial and (to the extent approved by the Court) trial and post-trial proceedings in this action, whether the Documents are produced by a party or a person or entity who is not a party to this action (a “non-party”). It is also hereby ORDERED that the Respondent may: (1) produce documents to the Petitioner that are protected by the Privacy Act of 1974, 5 U.S.C. § 552a, and the Respondent's production of such documents shall be considered to be “pursuant to the order of a court of competent jurisdiction' and authorized by 5 U.S.C. § 552a(b)(11) so long as the Respondent designated the documents as CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER and (2) produce documents without redactions as required under Local Rule 5.2-1. This Order binds the Parties and their respective agents, successors, personal representatives, and assignees.

         2. Nothing in this Protective Order supersedes existing independent statutory, law enforcement, national security, or regulatory obligations imposed on a Party, and this Protective Order does not prohibit or absolve the Parties from complying with such other obligations.

         3. This Protective Order shall not prejudice in any way any party's ability to challenge the use or disclosure of information other than information designated as Confidential Information under this Protective Order in this Action. A party's compliance with the terms of this Protective Order shall not operate as an admission that any particular material is or is not (a) confidential, (b) privileged, or (c) admissible in evidence at trial.

         4. The protections conferred by this Protective Order do not cover any information (i) properly in the public domain; (ii) becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Protective Order, including becoming part of the public record in this Action through trial or otherwise; or (iii) known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Producing Party.

         5. This Protective Order does not govern the use by the Parties of Confidential Information in open court at any hearing or trial, but the Parties reserve the right to seek relief from the Court in connection with the intended use of Confidential Information in any such hearing or trial. Reference by the Parties to confidential documents or information at trial, pursuant to an order entered by the Court as described in this paragraph, shall be considered to be: (1) “pursuant to the order of the court of competent jurisdiction” and authorized by 5 U.S.C. § 552a(b)(11); and (2) pursuant to an order permitting disclosure and filing of materials without redaction as required by Local Rule 5.2-1. [See also paragraph (E)(8) below (providing advance notice to Producing Party prior to use of Confidential Information in open court or in support of a dispositive motion).]

         6. This Protective Order governs the disclosure, use, and handling of all Confidential Information, regardless of the format or medium in which such Confidential Information is generated, stored, or maintained.

         7. Any Confidential Information referenced in any pleading or contained in any Document filed with the Court in this Action by the Producing Party shall at the time of filing cease to be Confidential Information unless the Producing Party files the un-redacted pleading or Document under seal.

         8. Nothing in this Protective Order shall restrict the right of any Producing Party to use its own Confidential Information for any purpose whatsoever, but if any such use results in a disclosure that causes the Confidential Information to lose its designation as Confidential Information, then it shall no longer be subject to any protection under this Protective Order.

         9. This Protective Order applies only to disclosures, uses, and handling of Confidential Information occurring after the entry of this Protective Order.

         10. Neither the termination of this Action nor the termination of employment of any person who has had access to any Confidential Information shall relieve such person of his or her ...


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