United States District Court, W.D. Washington, Seattle
HONORABLE JOHN C. COUGHENOUR JUDGE.
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:
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.
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.
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).
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.
Use of Protected ...