United States District Court, D. Nebraska
M. Bazis United States Magistrate Judge
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.
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:
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.
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.
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:
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.
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
e) The author of the document or the original source of the