Free Motion for Protective Order - District Court of Delaware - Delaware

1 Case 1 :04-cv-01453-JJF Document 27-2 Filed 01/18/2006 Page 1 of 4
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1 · IN THE UNITED STATES DISTRICT COURT
1 FOR THE DISTRICT OF DELAWARE
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1 SSGT. JASON A. ADKJNS, USAF, ) C.A. NO.: O4-1453-JJF
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Piamurr )
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1 v. )
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1 DONALD H. RUMSFELD, Secretary of Defense; )
1 JAMES G. ROCHE, Secretary of the Air Force; )
1 I GEN. JOHN W. HANDY,Commander Air Mobility) A
1 Command; COL. JOHN I. PRAY, JR., 436th Airlift )
1 Wing Commander, in their ofhcial capacities, )
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1 Defendants. )
1 |DEFENDANTS’ PROPOSED| PROTECTIVE ORDER
5 F 5 P 5 5 5 LAND ORDER AUTHORIZING FILINGCUNDER SEAL . 5 5 5 5 5 5 5
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1 ` Upon defendant’s motion, and having heard all parties, IT IS HEREBY ORDERED,
pursuant to Federal Rule of Civil Procedure 26(c) and the Privacy Act of 1974, 5 U.S.C.
1 § 5 52a(b)(l 1), that defendants are authorized to file under seal certain documents subject to the
1 Privacy Act, 5 U.S.C. § 552a, as well as information which, if released more generally, might
1 intrude on the privacy interests of individuals not before the Court (hereafter "Protected
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1 Materials"), without obtaining the prior written consent of the individuals to whom such records l
. or information pertain.
It is FURTHER ORDERED that:
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l 1. Pursuant to the provisions of this Order, defendants shall release to the attorneys
of record for plaintiff Jason A. Adkins records filed under seal that may be subject to the Privacy
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l Act, 5 U.S.C. § 552a, as well as information which, if released more generally, might intrude on
the privacy interests of individuals not before the Court, without obtaining the prior written V
consent of the individuals to whom such records or infonnation pertain. .
2. For purposes of this Protective Order, the term "record" as it relates to Privacy Act
protected materials shall have the same meaning as set forth in the Privacy Act, 5 U.S.C.
§ 552a(a)(4). '
3. Protected Materials shall be marked "SUBJECT TO PROTECTIVE ORDER" or A
contain a similar marking. -
4. - Protected Materials and any and all information contained in such materials shall
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Q be used by those listed in paragraph 5 of this Order only for the sole purpose of this litigation and
i i i if shall not beidisclosed by plaintiff or plaintiff s counsel, in any manner whatsoever, to anyone for i i
E any other purpose, without modification of this Order.
TriPT'TT`TT5YTTTiEniepltlaiothervviséprovidedibyPtHisTOrder, Protectedlvlaterialsfandi any icopiesll `i"°" if TT T it it "
l thereof, and the infonnation contained therein, may be disclosed by plaintiff or plaintiff s counsel
E _ only to: ·
i a) attorneys for the parties to this litigation and persons regularly in the employ
i · of the parties' attorneys assisting in this litigation; -
I b) the Court and its personnel, including court reporters;
i c) witnesses and potential witnesses, but only to the extent that the applicable I
· ~ party believes important to elicit discoverable testimony and/or other evidence;
` and A
d) consultants and expert witnesses consulted, retained, or hired by any party to
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· Case 1 :04-cv-01453-JJF Document 27-2 Filed O1/18/2006 Page 3 of 4
l this litigation, but only to the extent that the applicable party, consultant or
expert witness believes important to elicit the expert testimony and/ or other
evidence. "
6. Should plaintiff or plaintiffs counsel wish to disclose Protected Materials to any
person other than those indicated in paragraph 5, or for any purpose other than those indicated in
paragraphs 4 and 5, plaintiffs counsel shall first seek to meet and confer with defendants’ -
counsel. Thereafter, plaintiff or his counsel may, on motion, seek modification of this Protective
Order from the Court.
7. The manner of using any Protected Materials at the trial of this litigation shall,
i after consultation between counsel, be detennined by the Court at or about the time when the
f D i final pretrial order is submitted to the Court. f f f f if f f f U f if f ‘
1 8. Defendants’ failure to designate any materials as Protected Materials shall not
LTTYTYTTCT Eoiistifuteia Waivefiofiaiiyparty'sitiiiielyiassiertioiiithat the niaterialsiareicoveredibythis Protectiveiwi CTT C
Order.
9. All individuals to whom Protected Materials are disclosed by plaintiff or by
i A plaintiffs counsel shall destroy or rettutn any and all Protected Materials and copies thereof in
i 4 their possession to plaintiffs or defendants’ counsel of record upon termination of this litigation,
or when they are no longer a party to, or assigned, or retained to work on this litigation, C
whichever comes earlier.
10. Protected Materials and all copies thereof (other than Protected Materials and
copies presented in open court consistent with the provisions of this Order) must be destroyed or
i rettuned to defendants’ counsel at the United States Department of Justice, Civil Division, Within
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thirty (30) days after the termination of this litigation, including any appeals. Any document J
1 created by plaintiff or his counsel which contains or reflects Protected Materials (other than
documents presented in openicourt consistent with the provisions of this Order) must be
destroyed when this litigation is terminated. Plaintiffs counsel shall certify to the destruction of
all such documents not returned to the United States Department of Justice, Civil Division,
within thirty (30) days of the termination of this litigation.
1 11. Subj ect to the provisions of paragraph 5, nothing in this Protective Order affects
J the right of counsel to discuss with their client and potential witnesses any information contained
1 V in Protected Materials. `
12. This Protective Order does not constitute a ruling on the question of whether any
is g i i particular material is properly discoverable or admissible, and does not constitute a ruling on any c c c
r potential objection to the production or admissibility of any material. J
" `J"`P' J1i3i?Pi`N6thihgin this ProteEtiveJOrde?sliallJpreventi disclosuieasirequireid byilawiof MTSU `J
compelled by order of any court, or restrict the defendants or their counsel from any use of such
material authorized by law. Nothing in this Order shall be construed to confer rights on any third J
party- `
14. Defendants shall be solely responsible for designating Protected Material.
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i Dated: V
- JOSEPH J. FARNAN, JR.
I United States District Judge
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