1 NICOLA T. HANNA United States Attorney 2 DAVID M. HARRIS Assistant United States Attorney 3 Chief, Civil Division JOANNE S. OSINOFF 4 Assistant United States Attorney Chief, General Civil Section 5 GRACE Y. PARK (Cal. Bar No. 239928) Assistant United States Attorney 6 Federal Building, Suite 7516 300 North Los Angeles Street 7 Los Angeles, California 90012 Telephone: (213) 894-3551 8 Facsimile: (213) 894-7819 E-mail: [email protected] 9 Attorneys for Defendant

10 EDWARD J. BLUM (Cal. Bar No. 185163) Law Office of Edward J. Blum 11 3700 Wilshire Blvd., Ste 950 Los Angeles, California 90010 12 Telephone: (213) 479-5322 Facsimile: (213) 403-6373 13 E-mail: [email protected] Attorneys for Plaintiff 14 UNITED STATES DISTRICT COURT 15 FOR THE CENTRAL DISTRICT OF CALIFORNIA 16 WESTERN DIVISION 17 CYNTHIA ALCALA, Case No. 2:19-cv-07710-MWF-JC 18 Plaintiff, 19 MODIFIED PROTECTIVE ORDER v. PERTAINING TO SENSITIVE 20 SECURITY INFORMATION (SSI) CHAD WOLF, Acting Secretary, 21 Department of Homeland Security, [PARAGRAPHS 7, 9 & 10, GOOD CAUSE STATEMENT, AND 22 Defendant. PARAGRAPH NUMBERING MODIFIED BY COURT] 23

24 It is hereby ordered that the following Protective Order be entered in accordance 25 with Rule 26(c) of the Federal Rules of Civil Procedure and shall hereafter govern the 26 use, handling, and disposition of information, testimony or documents obtained during 27 discovery in the above captioned matter (“the Litigation”), which constitutes Sensitive 1 1. SSI is a specific category of information that requires protection against 2 unauthorized disclosure pursuant to

(r) and 49 C.F.R. Part 1520. 3 Unauthorized disclosure of SSI may be detrimental to the security of transportation, may 4 constitute an unwarranted invasion of personal privacy, or may reveal a trade secret or 5 privileged or confidential commercial or financial information. Unauthorized disclosure 6 may also result in a civil enforcement penalty or other enforcement action by the 7 Transportation Security Administration (“TSA”) against the party making the 8 unauthorized disclosure.

. 9 2. Access to SSI is limited to “covered persons” with a “need to know” as set 10 forth in

and § 1520.11. Because the parties, their attorneys, the 11 Court and its employees may be “covered persons” with a “need to know” some or all of 12 the SSI relevant to this case, this order permits the sharing through discovery in this civil 13 action of relevant information and materials that are marked as SSI or may contain SSI, 14 provided that Plaintiff had access to such information during his employment with TSA. 15 The right of access to discovery materials marked as SSI or containing SSI shall be 16 limited to the Court and its employees, Plaintiff, and counsel for the parties, paralegal, 17 secretarial and clerical personnel in their employ. Court reporters retained by the parties 18 for purposes of recording depositions and who have signed a TSA-approved Non- 19 Disclosure Agreement may also have access to SSI. 20 3. Discovery Material encompassed in this Protective Order includes, without 21 limitation, deposition testimony, deposition exhibits, interrogatory responses, 22 admissions, affidavits, declarations, documents produced pursuant to compulsory 23 process or voluntarily in lieu of process, and any other documents or information 24 produced or given to one party by another party or by a third party in connection with 25 discovery in this matter. Information taken from Discovery Material that reveals its 26 substance shall also be considered Discovery Material. 27 4. “Covered persons” have an express duty to protect against the unauthorized 1 not physically or visually accessible to persons who do not have a “need to know,” as 2 defined in

. When unattended, SSI must be secured in a locked 3 container or office, or other restricted access area. 4 5. Documents that contain SSI may not be further disseminated to persons 5 without a “need to know” except with written permission from TSA. SSI must not be 6 disclosed by either party to any person or entity other than those enumerated in 7 paragraph two. 8 6. All documents subject to this Protective Order shall be marked as follows: 9 “Confidential: Subject to SSI Protective Order in Cynthia Alcala v. Chad Wolf, CV 19- 10 7710 MWF(JCx).” Documents containing SSI that inadvertently have not been marked 11 as SSI still must be safeguarded against unauthorized disclosure. 12 7. Documents that are marked SSI or, though not marked, contain SSI, shall be 13 treated as confidential and shall not be published or made available to the general public 14 in any form (whether in paper or electronic form), but instead shall be submitted for 15 filing under seal in accordance with Local Rule 79-5. Material filed under seal will be 16 available only to the persons enumerated in paragraph two. 17 8. Deposition testimony that may contain SSI should be so designated by 18 verbal notice or written notice within 10 days of receipt of the transcript. However, 19 testimony containing SSI that is not designated, through mistake, nonetheless must be 20 safeguarded against unauthorized disclosure. 21 9. Any use of SSI during a court hearing or at trial shall be governed by the 22 orders of the presiding judge. This Order does not govern the use of SSI during a court 23 hearing or at trial. 24 10. Plaintiff and Plaintiff’s counsel may use SSI disclosed to them in the course 25 of the Litigation only for the purposes of plaintiff in the Litigation and not any other 26 purpose. SSI may not be further disseminated, including to a jury, except with written 27 permission from TSA. 1 11. All documents subject to this Protective Order in the possession of Plaintiff 2 or Plaintiff’s counsel shall be returned to TSA within 60 days of termination of this 3 action, including any appellate proceedings, or shall be certified in writing to TSA to 4 have been destroyed by Plaintiff or Plaintiff’s counsel in accordance with TSA’s 5 requirements for the destruction of documents containing SSI. 6 12. Nothing in this Protective Order shall preclude any disclosure of documents 7 subject to this Order to any Judge, Magistrate, or employee of the Court for purposes of 8 this action. 9 13. This Protective Order is without prejudice to the rights of any party to make 10 any objection to discovery or use of SSI, or documents that may contain SSI, permitted 11 by the Federal Rules of Civil Procedure, or any statute, regulation, or other authority. 12 GOOD CAUSE STATEMENT 13 Good cause exists for the entry of this protective order, see Rivera v. NIBCO, Inc., 14

(9th Cir. 2004), because the disclosure of the SSI in question by 15 definition may be “detrimental to the security of transportation,” 49 C.F.R. 16 § 1520.5(a)(3), and therefore cause substantial harm to public safety. If unauthorized 17 individuals were able to discover information about how TSA conducts its screening 18 operations, they might be able to evade TSA’s security operations and engage in acts of 19 terrorism. Therefore, this protective order is necessary to allow the parties to exchange 20 relevant documents and information in accordance with federal law and national security 21 without the undue burden and expense of additional protective measures. 22 Dated this 18th day of March, 2020. 23 24 _____________/s/___________________ Honorable Jacqueline Chooljian 25 UNITED STATES MAGISTRATE JUDGE 26 27