Free Protective Order - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 246

Filed 02/18/2005

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In The United States Court of Federal Claims
No. 98-168C (Filed: February 18, 2005) __________ NORTH STAR ALASKA HOUSING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. _________ PROTECTIVE ORDER __________ On February 16, 2005, defendant filed a consent motion for a protective order pursuant to the Privacy Act, asking for expedited consideration. That motion is hereby GRANTED. Accordingly, and pursuant to 5 U.S.C. §552a(b)(11), it is hereby ORDERED that defendant is authorized to release to plaintiff, its counsel, and to the court in this case, the Government records known as the "Violation Database," without obtaining prior written consent of the individuals to whom the records pertain. Such disclosure is subject to the following conditions: 1. For purposes of this order, the term "record" shall have the same meaning as set forth in the Privacy Act, 5 U.S.C. §552a(a)(4). The Violation Database is that database described in the February 9, 2005, declaration of SFC John C. Albrecht, Installation Services Supervisor at Fort Wainwright, Alaska, which contains individuals' names and addresses. Information contained in the Violation Database that is protected by the Privacy Act, specifically names and addresses, shall be used by plaintiff or its representative(s) only for purposes of litigating these consolidated cases, including any subsequent appeals, and shall not be disclosed by plaintiff or its representative(s) to the public or any other person or entity for any reason other than for purposes of litigating these consolidated cases, including any subsequent appeals. Except as otherwise ordered by this court, protected information in the Violation Database may be disclosed only to the following persons: (a) plaintiff and counsel for plaintiff in this action; (b) partners, associates, secretaries, paralegal assistants, and employees of such counsel to the extent reasonably necessary to render

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professional services in these consolidated cases; ( c) persons retained by plaintiff or its counsel to assist in discovery, preparation for any hearing, or to serve as expert witnesses, provided that such disclosure is reasonably and in good faith calculated to aid in litigating these consolidated cases; (d) persons with factual knowledge relating to this case who may be called as witnesses at any hearing, provided that such disclosure is reasonably and in good faith calculated to aid in litigating these consolidated cases; and (e) any deponent in these cases during his or her deposition and any person or persons recording such deposition by stenographic or other means. 5. All individuals indicated in paragraph 4, above, to whom protected information in the Violation Database is disclosed shall be informed of and shall agree with the terms of this order and shall not otherwise disclose protected information in the Violation Database to the public or to any person or entity, and shall acknowledge their agreement to comply with the provisions of this order by signing a copy of the attached acknowledgment form. Plaintiff's counsel will retain copies of the acknowledgment forms until such time as this litigation, including all appeals, is concluded. Should plaintiff or its counsel wish to disclose protected information in the Violation Database to any persons other than those indicated in this paragraph and paragraph 4, above, plaintiff's counsel must obtain defendant's consent. If defendant does not consent to disclosure, then plaintiff or its counsel may, on motion, seek modification of this order from the court. Each party reserves the right to move to modify the terms of this Protective Order at any time, and each party reserves the right to oppose any motion to modify the terms of the Protective Order. Protected information in the Violation Database may be presented to the Court only under seal. Should plaintiff seek to use protected information in the Violation Database in open court or at trial, orally or through documents, including as trial exhibits, or seek to file such information as part of a public filing (e.g., a pleading, motion, exhibit or expert report), it must first seek an order from the court ruling that the information is relevant and may be publicly disclosed. Unredacted copies of the Violation Database that contain protected information, or any documents or pleadings containing protected information, must be returned by plaintiff or other receiving party to defendant upon the conclusion of these consolidated cases, including any subsequent appeals. Within thirty days of the conclusion of these consolidated cases and any subsequent appeals, plaintiff or plaintiff's counsel or other person receiving such unredacted copies, documents, or pleadings, must certify in writing that all such copies, documents, or pleadings have been returned to defendant. Within forty-five days of the termination of these consolidated cases, including any subsequent appeals, plaintiff or plaintiff's counsel or other person receiving such copies, documents, or pleadings must also -2-

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certify in writing that any such copies, documents, or pleadings they or their attorneys or agents have created have been destroyed or redacted; provided, however, that no party is required to destroy or redact any document that has been filed with this court or with a court of appeals of competent jurisdiction in connection with these consolidated cases. 9. Neither the United States Department of Justice, the Department of the Army, the Army Corps of Engineers, nor any of their officers, employees, or attorneys, shall bear any responsibility or liability for any unauthorized disclosure of any protected information obtained by plaintiff's counsel under this order, or of any information contained in such documents. This order does not constitute any ruling on the question of whether the Violation Database is properly discoverable and does not constitute any ruling on any potential objection to the discoverability, relevance, or admissibility of the Violation Database, other than objections based on the Privacy Act. This order does not apply to any information or documents other than information or documents that are subject to the Privacy Act.

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IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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In The United States Court of Federal Claims
No. 98-168C NORTH STAR ALASKA HOUSING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant.

ACKNOWLEDGMENT OF PROTECTIVE ORDER I have been informed of and agree to comply with the provisions of the Privacy Act order issued by the court in this case.

Signature

Printed Name ______________________________ Date