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United States v. Agyemang

United States District Court, E.D. North Carolina, Southern Division

September 26, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
PREMPEH ERNEST AGYEMANG Defendant.

          CHAD 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

          PROTECTIVE ORDER

          Robert B.Jones, Jr United States Magistrate Judge

         Pursuant 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.

         IT IS ORDERED, ADJUDGED AND DECREED that the following procedures will govern the production and/or use of Confidential Material in the above-captioned case:

         1. This 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.

         2. 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.

         3. 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).

         4. The "Parties" within the meaning of this Order refer to Plaintiff the United States of America and its counsel, and Defendant Prempeh Ernest Agyemang.

         5. The 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.

         6. Any 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 ...


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