United States District Court, E.D. North Carolina, Southern Division
A. READLER United States Department of Justice Acting
Assistant Attorney General Civil Division WILLIAM C. PEACHEY
Office oflmmigration Litigation Director, District Court
Section STACEY I. YOUNG Office of Immigration Litigation
SeniorLitigation Counsel, District Court Section JOHN J.'
W. INKELES U.S. Department of Justice, Civil Division Office
of Immigration Litigation Trial Attorney, District Court
Section Attorneys for Plaintiff
B.Jones, Jr United States Magistrate Judge
to the provisions of Federal Rule of Civil Procedure 26(c),
the Court enters this Protective Order, jointly submitted by
Plaintiff and Defendant, for the purpose of protecting
"Confidential Material, " as defined below.
IS ORDERED, ADJUDGED AND DECREED that the following
procedures will govern the production and/or use of
Confidential Material in the above-captioned case:
Protective Order governs the treatment and handling of all
Confidential Material produced in accordance with the Federal
Rules of Civil Procedure, or any order of the Court, by any
Party to any other Party in this case.
Pursuant to 5 U.S.C. § 552a(b)(l 1), the Parties are
hereby authorized, in accordance with the terms of this
Protective Order, to produce to each other in discovery
information and records that are discoverable under
applicable law, notwithstanding that they may be deemed
Confidential Material within the meaning of this Order.
Confidential Material as used in this Protective Order means
information, documents, things, or other materials, in
whatever form, that is:
a. protected by the Privacy Act, 5 U.S.C. § 552a;
b. exempt from disclosure under the Freedom of Information
Act, 5 U.S.C. §552;
c. privileged or protected from disclosure under federal or
state law (including, but not limited to, the law
enforcement, investigatory files, informant, national
security, attorney-client communication, and deliberative
process privileges, and attorney work-product doctrine); or
d. personal financial, medical, or other private information
about an individual that is not in the public domain (or, if
in the public domain, is improperly in the public domain).
"Parties" within the meaning of this Order refer to
Plaintiff the United States of America and its counsel, and
Defendant Prempeh Ernest Agyemang.
terms "Producing Party" and "Receiving
Party" refer to the Party who is Producing or Receiving
documents in the course of this litigation. This Order
applies only to the copies of documents produced by the
Parties within this litigation, regardless of previous
disseminations of copies of those documents.
Party may, based on a good faith belief, designate material
produced, or to be produced, in discovery as Confidential
Material subject to this Protective Order. A Party shall
designate material as Confidential Material subject to this
Protective Order by marking the material with the words:
"Subject to Protective Order." For ...