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Nava v. Duke

United States District Court, D. Nebraska

October 10, 2017

MARIO CHAVEZ NAVA, Plaintiff,
v.
ELAINE C. DUKE, Secretary, Department of Homeland Security, WILLIAM CONNOR, U.S. Citizenship and Immigration Services, Omaha Field Office Director, Defendants.

          PROTECTIVE ORDER

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the parties' Joint Motion for Entry of Privacy Act Stipulated Protective Order. (Filing No. 16.) Having reviewed the matter, the motion is granted.

         Accordingly, IT IS HEREBY ORDERED that in accordance with the terms of this Protective Order, pursuant to 5 U.S.C. § 552a(b)(11), Defendants are authorized to release to counsel for Plaintiff, and to the Court in this case, discovery containing unredacted identifying information of third-parties, without obtaining prior written consent of third-parties whose names, addresses, birth dates, and other identifying information may be present in such documents. Such disclosure is subject to the following conditions:

         1. The Parties agree that the terms of this Protective Order will govern the entirety of any passport file, alien registration file, any law enforcement report, or any other discovery produced in this action and not subject to any privilege that contains Privacy Act material, as well as any copies or summaries made thereof and any information derived therefrom, including any materials that have been previously produced in discovery or will be produced through any further discovery taken in this case.

         2. To the extent that any documents or records to be provided by the federal government contain third-party names, addresses, birth dates, or any other identifying information (i.e., information the use of which would allow the identification of the person to whom the information relates), such identifying information shall be deemed confidential (in the ordinary sense) and protected by this Protective Order. All such Privacy Act information is subject to this Protective Order and may be used solely for purposes of this litigation.

         3. The alien's entire alien file, when identified as such when produced to Plaintiff, shall be considered confidential. Counsel for Defendants shall designate all other documents containing confidential information as confidential by placing the words “COVERED BY PROTECTIVE ORDER” or the following label (or a substantial equivalent) on them or on any copies thereof, or any cover sheets thereon:

         PROTECTED

         THIS DOCUMENT IS SUBJECT TO A COURT ORDER IN CHAVEZ NAVA v. DUKE et al., CASE NO. 8:17-cv-158. THIS DOCUMENT AND ITS CONTENTS SHALL NOT BE USED, SHOWN OR DISTRIBUTED EXCEPT AS PROVIDED IN THE PROTECTIVE ORDER.

         4. Protected information may be disclosed only to the following persons and only to the extent necessary for the prosecution of this action:

a) Counsel for Plaintiff, Plaintiff, counsel for Defendants, Defendants, and any support staff of such counsel assisting in this action;
b) The Court and its personnel, including court reporters;
c) Individuals whose testimony is contemplated or actually taken in this action, but only to the extent necessary to elicit testimony concerning the subject matter of information or records produced subject to this Protective Order;
d) Expert witnesses or consultants retained by Plaintiff or Defendants;
e) The author of the document or the original source of the ...

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