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Rojas v. Kelly

United States District Court, W.D. Washington, Seattle

August 28, 2017


          J. MAX 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: GLADYS M. STEFFENS GUZMÁN Trial Attorney United States Department of Justice Attorneys for Defendants

          Trina Realmuto, pro hac vice Kristin Macleod-Ball, pro hac vice

          Mary Kenney, pro hac vice s/Karolina Walters Karolina J. Walters, pro hac vice Attorneys for Plaintiffs

          Glenda M. Aldana Madrid, WSBA No. 46987 Counsel for Plaintiffs




         Disclosure 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.


         a. Challenging Party: A Party that challenges the designation of information or items under this Order.

         b. “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. § 552(b)(7)(E).
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. § 1254a.
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) and 1216.5(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.

         c. 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.

         e. 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.

         f. Non-Party: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         g. Party: Any party to this action.

         h. Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material in this action.

         i. 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.

         j. Protected Material: Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.”

         k. Receiving Party: A Party that receives Disclosure or Discovery Material from a Producing Party.

         III. SCOPE

         The 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.

         The 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 Work Product.

         IV. ...

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