Case 2:85-cv-04544-DMG-AGR Document 509 Filed 10/29/18 Page 1 of 4 Page ID #:25420

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JOSEPH H. HUNT
Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
WILLIAM C. SILVIS
Assistant Director, District Court Section
Office of Immigration Litigation
SARAH B. FABIAN
Senior Litigation Counsel, District Court Section
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: (202) 532-4824
Fax: (202) 305-7000
Email: sarah.b.fabian@usdoj.gov

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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JENNY LISETTE FLORES; et al.,
Plaintiffs,

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v.
JEFFERSON B. SESSIONS III,
Attorney General of the United States;
et al.,

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Defendants.

Case No. CV 85-4544-DMG
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER
GOVERNING
THE HANDLING OF
CONFIDENTIAL MATERIAL
RELATED TO OVERSIGHT BY
SPECIAL MASTER/
INDEPENDENT MONITOR

 Case 2:85-cv-04544-DMG-AGR Document 509 Filed 10/29/18 Page 2 of 4 Page ID #:25421

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On October 5, 2018, the Court entered an Order Appointing Special

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Master/Independent Monitor (“Monitoring Order”), ECF No. 494, in the above-

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captioned action, Jenny Flores, et al., v. Jefferson B. Sessions III, et al., Case No.

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2:85-cv-04544-DGM (“Litigation” or “Action”). The Monitoring Order provides:

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The Protective Order governing this litigation [Doc. # 270]
shall continue to apply to all documents or information
produced by Defendants pursuant to this Order. Any
individual who assists the Monitor must agree to be bound
by the terms of the Protective Order and execute the
Acknowledgment of Protective Order for Discovery. The
Monitor may, in her discretion, share documents or
information produced by Defendants with Class Counsel
to the extent it is in furtherance of the performance of her
duties under this Order.

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Monitoring Order at E.1.

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The referenced protective order, ECF No. 270, protects only personally

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identifiable information exchanged during discovery related to Plaintiffs’ May 19,

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2016 Motion to Enforce. Because of the limited nature of that order, Plaintiffs and

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Defendants (collective, the “Parties”), along with the Special Master/Independent

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Monitor (“Monitor”), hereby ask the Court to enter an amended protective order that

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will expand the categories of protected materials, and allow for the sharing of

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information envisioned by the Court’s Monitoring Order.

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Specifically, during the period of oversight by the Monitor, in accordance with

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the Monitoring Order, Defendants may be required to provide the Monitor access to

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data, databases, documents, interviews, or other types of information, which may

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contain some or all of the following information, which is sensitive and confidential,

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and qualifies for protection under Federal Rule of Civil Procedure 26(c):

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A. Personally identifiable information related to individuals currently or
formerly in the custody of the United States Government, including
information that is protected by the Privacy Act, 5 U.S.C. § 552a, or would

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be protected by the Privacy Act, if the subject of the information had been
a U.S. citizen, or a person lawfully admitted for permanent residence, as
well as the names, telephone and fax numbers, and electronic mail
addresses of federal government employees;
B. Information contained in or pertaining to applications for asylum,
withholding of removal, or protection under the Convention Against
Torture, which are subject to disclosure conditions under 8 C.F.R. §§
208.16, 208.17, 1003.27(c), 1208.6(a), 1208.16, and 1208.17.
C. Information covered by various statutory and regulatory confidentiality
provisions, which may limit their disclosure in this action (including but
not limited to 8 U.S.C. § 1304(b), 1160, 1202, and 1255a(c)(4), (5);
1104(c)(5) of the LIFE Act of 2000, Pub. Law 106-553 (December 21,
2000); 8 C.F.R. 210.2(e), 214.11(e), 216.5(e)(3)(viii), 236.6, 245a.21,
1003.27(b)-(d), 1003.46.

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D. Any sensitive, but unclassified, information to include records regarding
law enforcement activities and operations, internal policies, processes and
procedures, training materials, and internal investigations, which contains
information that is law enforcement sensitive and may be designated as
limited official use or for official use only information, for instance,
information that may be protected from public disclosure under the
Freedom of Information Act, 5 U.S.C. § 552, et seq., under the exemption
found at 5 U.S.C. § 552(b)(7)(E), and is not subject to law enforcement
privilege or other restrictions on disclosure.

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Such materials are sensitive and confidential and are protected from disclosure to

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the public. They may also reasonably, in good faith, be protected from disclosure to

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one or more of the Parties under Rule 26(c) of the Federal Rules of Civil Procedure.
In consideration of the above, the Parties and the Monitor desire to enter into
this stipulation to enable Defendants to provide such information to the Monitor, and

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to allow the Monitor to share such information with Plaintiffs “in her discretion . . .
to the extent it is in furtherance of the performance of her duties under [the
Monitoring Order]” Monitoring Order at E.1, while at the same time protecting

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against the unauthorized disclosure of confidential documents and information. The

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Parties believe good cause exists for approving the stipulation because it seeks to

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protect against injury caused by the dissemination of protected materials.

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DATED:

October 29, 2018

/s/ Andrea Sheridan Ordin (with permission)
ANDREA SHERIDAN ORDIN
Special Master/Independent Monitor

DATED:

October 29, 2018

/s/ Peter A. Schey (with permission)
PETER A. SCHEY
Center for Human Rights and Constitutional
Law

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Attorney for Plaintiffs

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DATED:

October 29, 2018

JOSEPH H. HUNT
Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
WILLIAM C. SILVIS
Assistant Director, District Court Section
Office of Immigration Litigation
/s/ Sarah B. Fabian
SARAH B. FABIAN
Senior Litigation Counsel
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: (202) 532-4824
Fax: (202) 305-7000
Email: sarah.b.fabian@usdoj.gov

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Attorneys for Defendants