Free Protective Order - District Court of California - California

Case 3:07-cv-02295-JAH-CAB

Document 15

Filed 06/05/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 LONNIE J. JONES 10 Plaintiff, 11 v. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff has served a first set of interrogatories and first set of requests for production that call for materials Defendant believes are or contain confidential personnel information protected by the Privacy Act. This includes contact information, dates of birth, race and other personnel information concerning various agency employees. Defendant is withholding the requested information pending issuance of a court order requiring the production of that information. IT IS HEREBY STIPULATED by and between all signatories to this agreement ("the signatories"), that the following Protective Order may be entered setting forth procedures for, and rules governing, the use and handling of the subject requested information: // // // DONALD WINTER in his official capacity as SECRETARY OF THE NAVY Defendant. __________________________________________ ORDER THEREON. STIPULATED PROTECTIVE ORDER and Case No.: 07cv2295 JAH (CAB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 3:07-cv-02295-JAH-CAB

Document 15

Filed 06/05/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. IT IS HEREBY ORDERED that: 1.

ORDER

Defendant shall produce the information requested by Plaintiff in Plaintiff's first

of interrogatories and first set of requests for production that Defendant asserts is protected from disclosure by the Privacy Act. 2. Pursuant to 5 U.S.C. 552a(b)(11), the Court finds that the information requested,

i.e. contact information, dates of birth, race and/or other confidential personnel information concerning various agency employees, is relevant under the standard provided by Federal Rule of Civil Procedure 26(b)(1) and, therefore, those materials may be disclosed. See Laxalt v. McClatchy (D.C. Cir 1987) 809 F.2d 885, 888-890. 3. The Court further finds this Protective Order is sufficient to protect the privacy

interests of any affected individuals. See, Id. 4. Such otherwise confidential materials produced by Defendant shall not be used for

any purpose other than litigation of this case or in connection with proceedings concerning settlement. For those purposes, the materials may be disclosed to the following persons only: a. b. The signatories and their staff; Bona fide employees and agents of the signatories for any of the parties; and, The Court, including any jurors that may be empaneled in connection with any trial of this matter. Such disclosures may be made only while such persons are assisting in the accomplishment of the foregoing purposes, with disclosure only to the extent necessary to enable them to perform the same. 5. Unless the USAO consents in writing to further disclosure, the signatories shall

not further disclose the information to persons of or entities not listed in subparts 3a through 3c. above without first obtaining from the Court an Order. 6. The Court may change this stipulated Protective Order in the interests of justice of

for public policy reasons.

Case 3:07-cv-02295-JAH-CAB

Document 15

Filed 06/05/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

7.

Subject to public policy and further Court order, nothing shall be filed under seal,

and the Court shall not be required to take any action, without separate prior order by the Judge before whom the hearing or proceeding will take place, after application by the affected party with appropriate notice to opposing counsel. 8. The plaintiff shall notify the United States Attorney's Office of his intent to

contact any government employee for whom contact information was provided by defendant at least (3) days prior to initiating contact with such employee. // DATED: June 5, 2008 s/ Paul D. Jackson Paul D. Jackson Attorney for Plaintiff LONNIE JONES KAREN P. HEWITT United States Attorney s/ Timothy C. Stutler TIMOTHY C. STUTLER Assistant U.S. Attorney Attorneys for Defendant DONALD WINTER

DATED: June 5, 2008

ORDER

IT IS SO ORDERED.

Dated: June 5, 2008 ______________________________________ CATHY ANN BENCIVENGO United States Magistrate Judge