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Lai v. United States

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

May 15, 2018

HUIWU LAI, Plaintiff,
v.
UNITED STATES OF AMERICA, et al, Defendants.

          ORDER

          THE HONORABLE JOHN C. COUGHENOUR JUDGE.

         This matter comes before the Court on Defendants' unopposed motion for a protective order (Dkt. No. 17). Finding good cause, the Court GRANTS Defendants' motion and enters the following protective order:

         1. Scope.

         The following terms, conditions, procedures, and restrictions govern the Certified Administrative Record ("CAR") produced by U.S. Customs and Border Protection, ("CBP") a sub-agency of the Department of Homeland Security ("DHS"), in this litigation.

         2. Designations.

         Defendants must designate Protected Material by labeling it "PROTECTED MATERIAL" on a page-by-page or provision-by provision basis as necessary to specifically identify the material subject to the designation. The duty of Plaintiff and of all other persons bound by this Protective Order to maintain the confidentiality of Protected Material so designated shall commence when the Protected Material is received by Plaintiff.

         3. Protected Material.

         Protected Material means CAR documents (or portions thereof), designated pursuant to Paragraph 2 above, revealing (a) information that would be protected from disclosure under the Freedom of Information Act ("FOIA") 5 U.S.C. § 552, or the Privacy Act, 5 U.S.C. § 552a, etseq., under any of the exemptions found at 5 U.S.C. § 552(b).[1]

         4. Access to Protected Material. Beyond authorized federal agency employees, including Defendants' counsel, only the following persons shall have access to Protected Material:

a. This Court, this Court's official personnel, and any reviewing appellate court and its personnel;
b. Plaintiff, Plaintiffs counsel, including any attorneys, paralegals, office clerks, secretaries, and other support staff to whom such disclosure Plaintiffs counsel deems reasonably necessary. The persons covered by this Section 4(b) shall use the Protected Material only for purposes of this litigation and/or related litigation;
c. Legal and/or subject matter experts and consultants (and the experts' or consultants' staff whose duties and responsibilities require access to such Protected Material) engaged or consulted by Plaintiffs counsel to assist in this litigation and/or related litigation. These experts, consultants, and their associated staff shall use the Protected Material only for purposes of this litigation and/or related litigation and shall execute an acknowledgment prior to receiving any Protected Material; and
d. the Court's reporters and interpreters.

         5. Use of Protected ...


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