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Banos v. Godfrey

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

May 25, 2018

ARTURO MARTINEZ BANOS, et al., Plaintiffs-Petitioners,
ELIZABETH GODFREY, et al., Defendants-Respondents.


          CHAD A. READLER Acting Assistant Attorney General

          WILLIAM C. PEACHEY Director GISELA A. WESTWATER Assistant Director

          SAIRAH G. SAEED Trial Attorney United States Department of Justice Attorneys for Defendants-Respondents

          Brian A. Tsuchida Magistrate Judge


          James L. Robart United States District Court Judge


         No discovery took place during the pendency of this case. However, on April 4, 2018, this Court issued a final order in this case ("Final Order") imposing compliance requirements on Defendants-Respondents ("Respondents"). See Order, ECF. No. 83 ("Final Order"), adopting in its entirety Proposed Order Accompanying R. & R, ECF No. 77-1 ¶¶ 8-14 ("Proposed Order") (setting forth the compliance requirements). Therefore, the parties seek a limited protective order regarding compliance with the Final Order. See Id. The Court, here, ordered Respondents to grant bond hearings to class members who had reached 180 days of detention as of the date of this order and to grant bond hearings to class members at every 180-day mark of their detention thereafter; to provide a one-time report to the Court regarding Respondents' compliance with the Court's Order; and to provide notice to class members and class counsel of the custody hearings. See Id. The Final Order also provides that this Court may "enter further orders as may be necessary or appropriate to implement and enforce the provisions of this Order and Judgment." See ECF No. 77-1 ¶ 15. Compliance with the Final Order in this case, specifically the requirements to file information with the Court and share information with opposing counsel, will involve disclosure of sensitive, confidential, and/or private information for which special protection is warranted. See ECF No. 77-1 ¶¶ 8-14.

         Accordingly, to adequately and reasonably protect and preserve the confidentiality of such information; to expedite the flow of information between the parties; and to serve the ends of justice, a protective order for such confidential information is justified. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Stipulated Protective Order is consistent with LCR 26(c). It does not confer blanket protection on all information provided by Respondents to Plaintiffs-Petitioners ("Petitioners"); 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.


         "Confidential Information" shall include any information that is not publicly available and qualifies for protection under applicable law, statutes or regulations, including, but not limited to: (1) the names, addresses, and alien registration number ("A number") of the particular individual(s) to whom information relates and any other personally identifiable information identified in Federal Rule of Civil Procedure 5.2 and Local Civil Rule 5.2(a); (2) any personally identifiable information related to third parties other than the individual whose information is being sought; and, (3) any other information protected or restricted from disclosure by state or federal statute or regulation which otherwise could subject either party to civil or criminal penalties or other sanctions in the event of unauthorized disclosure.[1]

         Notwithstanding the general limitations on disclosure to third parties set out in 8 C.F.R. §§ 208.6 and 1208.6, this Court finds that the exceptions in 8 C.F.R. §§ 208.6(c)(2) and 1208.6(c)(2) apply and direct Respondents to provide the limited information required to be disclosed to Petitioners, per the Court's Final Order (ECF No. 83), in this case.

          3. SCOPE

         This Stipulated Protective Order governs only disclosures undertaken to comply with the Court's Final Order in this case. It thus applies only to documents and information that the Final Order requires Respondents to provide to the Court and to Petitioners. See ECF Nos. 77-1 ¶¶ 8-14 & 83. It does not apply to any other information or authorize or require any broader disclosure.

         The protections conferred by this Stipulated Protective Order cover not only those portions of such documents containing Confidential Information (as defined above), but also (1) any information copied or extracted from those portions of documents containing Confidential Information; (2) all copies, excerpts, summaries, or compilations of Confidential Information; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal Confidential Information.

         However, the protections conferred by this Stipulated Protective Order do not cover information that is in the public domain or becomes part of the public domain.

         This Stipulated Protective Order binds the Parties and their respective agents, successors, personal representatives and assignees.


         4.1 Basic Principles. Petitioners may use Confidential Information that is disclosed in connection with the Final Order in this case, including all information derived therefrom (subject to applicable rules of evidence and subject to the confidentiality of such information being maintained) only for purposes of litigating this class action. Confidential Information may be disclosed only to the categories of persons and under the conditions described in this Stipulated Protective Order. Confidential Information must be stored and maintained by ...

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