United States District Court, W.D. Washington, Seattle
WEINTRAUB Senior Litigation Counsel United States Department
of Justice Civil Division Office of Immigration Litigation
District Court Section P.O. Box 868, Ben Franklin Station
Washington, DC 20044 Telephone: (202) 305-7551 Facsimile:
(202) 305-7000 E-mail: firstname.lastname@example.org GLADYS M.
STEFFENS GUZMÁN Trial Attorney United States
Department of Justice Attorneys for Defendants
Realmuto, pro hac vice Kristin Macleod-Ball, pro hac vice
Kenney, pro hac vice s/Karolina Walters Karolina J. Walters,
pro hac vice Attorneys for Plaintiffs
M. Aldana Madrid, WSBA No. 46987 Counsel for Plaintiffs
STIPULATED PROTECTIVE ORDER
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE
PURPOSES AND LIMITATIONS
and discovery in this action is likely to involve production
of confidential, privileged information, including law
enforcement information protected from disclosure by the
Freedom of Information Act, 5 U.S.C. § 552 et seq., the
Privacy Act, 5 U.S.C. § 552a, and the Immigration and
Nationalization Act, for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly,
the parties hereby stipulate to and petition the court to
enter the following Stipulated Protective Order. The parties
acknowledge that this agreement is consistent with LCR 26(c).
It does not confer blanket protection on all disclosures or
responses to discovery, the protection it affords from public
disclosure and use extends only to the limited information or
items that are entitled to confidential treatment under the
applicable legal principles, and it does not presumptively
entitle parties to file confidential information under seal.
Challenging Party: A Party that challenges the designation of
information or items under this Order.
“CONFIDENTIAL” Information or Items:
1. Information, documents or tangible things protected by the
Privacy Act, 5 U.S.C. § 552a, et seq., if the subject of
the information is a U.S. citizen or a person lawfully
admitted for permanent residence.
2. Personally identifiable information, and any information
that is protected or restricted from disclosure by statute or
regulation, but which the Court may order to be produced.
3. Information, documents or tangible things, which would be
protected from disclosure under FOIA, 5 U.S.C. § 552, et
seq., including under the exemption found at 5 U.S.C. §
4. Information contained in or pertaining to: (1) an
individual's asylum, statutory withholding of removal,
refugee, or Convention Against Torture (“CAT”)
claims or applications, or credible fear or reasonable fear
determinations; (2) legalization applications under 8 U.S.C.
§ 1255a; (3) Special Agricultural Worker applications
under 8 U.S.C. § 1160; (4) applications for temporary
protected status (“TPS”) under 8 U.S.C. §
5. Information which relates to an alien who is the
beneficiary of an application for relief under paragraph
(15)(T), (15)(U), or (51) of section 101(a) of the
Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T),
(U), (51)] or section 240A(b)(2) of such Act [8 U.S.C.
1229b(b)(2)]; information contemplated by 8 U.S.C. §
1186a(c)(4)(C) concerning any abused alien spouse or child,
including information regarding the whereabouts of such
spouse or child (see 8 C.F.R. §§ 216.5(a)(1)(iii)
6. All other protected documents, information or tangible
things not identified above that the parties agree in writing
or the Court orders qualify for protection under Federal Rule
of Civil Procedure 26(c).
7. If a designating party determines that information not
described above should be designated “CONFIDENTIAL,
” the parties shall negotiate the appropriateness of
that designation in good faith and endeavor to resolve any
dispute prior to the production of that information.
Designating Party: A Party or Non-Party that designates
information or items that it produces in disclosures or in
responses to discovery as “CONFIDENTIAL.” d.
Disclosure or Discovery Material: All items or information,
regardless of the medium or manner in which it is generated,
stored, or maintained (including, among other things,
testimony, transcripts, and tangible things), that are
produced or generated in disclosures or responses to
discovery in this matter.
Expert: A person with specialized knowledge or experience in
a matter pertinent to the litigation who has been retained by
a Party or its counsel to serve as an expert witness or as a
consultant in this action.
Non-Party: Any natural person, partnership, corporation,
association, or other legal entity not named as a Party to
Party: Any party to this action.
Producing Party: A Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: Persons or entities that provide
litigation support services (e.g., photocopying, videotaping,
translating, preparing exhibits or demonstrations, and
organizing, storing, or retrieving data in any form or
medium) and their employees and subcontractors.
Protected Material: Any Disclosure or Discovery Material that
is designated as “CONFIDENTIAL.”
Receiving Party: A Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material. However, the protections conferred by this Order do
not cover the following information: (a) any information that
is in the public domain at the time of disclosure to a
Receiving Party or becomes part of the public domain after
its disclosure to a Receiving Party as a result of
publication not involving a violation of this Order,
including becoming part of the public record through trial or
otherwise; and (b) any information 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 Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
Parties do not waive their right to assert other or further
privileges over Protected Material and redact such
information. For instance, Defendants may withhold or redact
information that is subject to a claim of privilege such as
withholding classified national security information or
withholding or redacting any other information subject to a
claim of privilege or exemption from disclosure, including
but not limited to the Deliberative Process Privilege, Law
Enforcement Privilege, Attorney Client Privilege, or Attorney