Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 1 of 19 Page ID #:389

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9

10 ABDIRAHMAN ADEN KARIYE, et al., Case No. 2:22-cv-1916-FWS-GJS 11 Plaintiffs, 12 [PROPOSED] STIPULATED v. PROTECTIVE ORDER1 13 ALEJANDRO MAYORKAS, 14 Secretary of the Department of Homeland Security, in his official 15 capacity, et al., 16 Defendants.

17

18 1. A. PURPOSES AND LIMITATIONS 19 Discovery in the above-captioned case brought by Plaintiffs Abdirahman 20 Aden Kariye, Mohamad Mouslli, and Hameem Shah (“Plaintiffs”) against 21 Defendants Alejandro Mayorkas, Secretary of the U.S. Department of Homeland 22 Security (“DHS”), Chris Magnus, Commissioner of U.S. Customs and Border 23 Protection (“CBP”), Tae D. Johnson, Acting Director of U.S. Immigration and 24 Customs Enforcement (“ICE”), and Steve K. Francis, Acting Executive Associate 25 Director, Homeland Security Investigations (“HSI”) (“Defendants”) is likely to 26 27 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 2 of 19 Page ID #:390

1 involve production of confidential, proprietary or private information for which 2 special protection from public disclosure and from use for any purpose other than 3 prosecuting this litigation may be warranted. Accordingly, the parties hereby 4 stipulate to and petition the Court to enter the following Stipulated Protective Order. 5 The parties acknowledge that this Order does not confer blanket protections on all 6 disclosures or responses to discovery and that the protection it affords from public 7 disclosure and use extends only to the limited information or items that are entitled 8 to confidential treatment under the applicable legal principles. 9 B. GOOD CAUSE STATEMENT 10 Defendants believe that this action is likely to involve the production of non- 11 privileged information contained in law enforcement records and communications 12 or produced at a deposition or hearing. Defendants believe that some of this non- 13 privileged information is likely law-enforcement sensitive and for official use only, 14 in that it may regard such things as law enforcement activities and operations, 15 internal policies, processes and procedures, and training materials, all of which may 16 be protected from disclosure under the Freedom of Information Act, 5 U.S.C. 17 § 552(b)(7), or protected from disclosure under other federal law, or which is 18 generally unavailable to the public because its disclosure could adversely impact 19 such things as a person’s privacy or welfare or the conduct of programs or 20 operations essential to the national interest, but which a court may order to be 21 produced. Defendants believe that some of this non-privileged information may 22 also be information prohibited from disclosure by the Privacy Act, 5 U.S.C. § 552a, 23 et seq. (the “Privacy Act”), as it may be personal information located in a Federal 24 government “record” and therefore require the consent of that individual prior to 25 disclosure unless made “pursuant to the order of a court of competent jurisdiction.” 26 Id. §552a(b)(11). 27 28 2 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 3 of 19 Page ID #:391

1 Plaintiffs believe that this action is likely to involve the production of records 2 concerning the questioning of Plaintiffs at the U.S. border and reflecting information 3 about the Plaintiffs’ religious beliefs, activities, and associations. 4 Accordingly, to expedite the flow of information, to facilitate the prompt 5 resolution of disputes over confidentiality of discovery materials, to adequately 6 protect information the parties are entitled to keep confidential, to ensure that the 7 parties are permitted reasonable necessary uses of such material in preparation for 8 and in the conduct of trial, to address their handling at the end of the litigation, and 9 serve the ends of justice, a protective order for such information is justified in this 10 matter. It is the intent of the parties that information will not be designated as 11 confidential for tactical reasons and that nothing be so designated without a good 12 faith belief that it has been maintained in a confidential, non-public manner, and 13 there is good cause why it should not be part of the public record of this case. 14 The categories of “CONFIDENTIAL” information or items covered by this 15 order include: 16 a. Information, documents or tangible things protected by the Privacy Act, 17 5 U.S.C. § 552a, et seq., without obtaining the prior written consent of the 18 individuals to whom such records or information pertain. The United States and its 19 agencies and employees are authorized pursuant to 5 U.S.C. § 552a(b)(11) to 20 produce such records pursuant to the terms contained herein. 21 b. Personally Identifying Information (PII), which is information that 22 permits the identity of an individual to be directly or indirectly inferred, or otherwise 23 confidential information regarding any Plaintiff, Defendant, employee or former 24 employee of any Defendant, or Non-Party, including but not limited to date of birth, 25 social security number, email addresses, phone numbers, mailing addresses, or 26 compensation information, that would be protected or restricted from disclosure by 27 statute, regulation, internal agency policy or guidance, but disclosure of which may 28 be authorized by an order of this Court. 3 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 4 of 19 Page ID #:392

1 c. Documents or information concerning any response to questioning of 2 Plaintiffs at the U.S. border that reflects information about Plaintiffs’ religious 3 beliefs, practices, or associations. 4 d. Information that is otherwise sensitive, but unclassified, which the 5 agency determines is not appropriate for public release, and the disclosure of which 6 is reasonably expected to cause harm to law enforcement interests, which may 7 include records regarding law enforcement activities and operations staffing, 8 priorities, resources, intelligence, methods, and internal investigations, and those 9 portions of internal policies, processes, and training materials that contain 10 information that is law enforcement sensitive, for instance, (a) records that might 11 contain tactical and other information related to law enforcement activities not made 12 available by the Government to the general public that could be adversely used to 13 circumvent law enforcement efforts or (b) information that may be protected from 14 public disclosure under the Freedom of Information Act,

(b)(7)(E), 15 and is not subject to other restrictions on disclosure. 16 e. All other protected documents, information, or tangible things not 17 identified above that qualify for protection under Federal Rule of Civil 18 Procedure 26(c), based on either the parties’ agreement in writing or the Court’s 19 order. 20 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 21 The parties further acknowledge, as set forth in Section 12.4, below, that this 22 Stipulated Protective Order does not entitle them to file confidential information 23 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 24 and the standards that will be applied when a party seeks permission from the court 25 to file material under seal. 26 There is a strong presumption that the public has a right of access to judicial 27 proceedings and records in civil cases. In connection with non-dispositive motions, 28 good cause must be shown to support a filing under seal. See Kamakana v. City and 4 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 5 of 19 Page ID #:393

1 County of Honolulu,

, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 2 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 3 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 4 require good cause showing), and a specific showing of good cause or compelling 5 reasons with proper evidentiary support and legal justification, must be made with 6 respect to Protected Material that a party seeks to file under seal. The parties’ mere 7 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 8 without the submission of competent evidence by declaration, establishing that the 9 material sought to be filed under seal qualifies as confidential, privileged, or 10 otherwise protectable—constitute good cause. 11 Further, if a party requests sealing related to a dispositive motion or trial, then 12 compelling reasons, not only good cause, for the sealing must be shown, and the 13 relief sought shall be narrowly tailored to serve the specific interest to be protected. 14 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 15 each item or type of information, document, or thing sought to be filed or introduced 16 under seal in connection with a dispositive motion or trial, the party seeking 17 protection must articulate compelling reasons, supported by specific facts and legal 18 justification, for the requested sealing order. Again, competent evidence supporting 19 the application to file documents under seal must be provided by declaration. 20 Any document that is not confidential, privileged, or otherwise protectable in 21 its entirety will not be filed under seal if the confidential portions can be redacted. 22 If documents can be redacted, then a redacted version for public viewing, omitting 23 only the confidential, privileged, or otherwise protectable portions of the document, 24 shall be filed. Any application that seeks to file documents under seal in their 25 entirety should include an explanation of why redaction is not feasible. 26 2. DEFINITIONS 27 2.1 Action: this pending federal lawsuit. 28 2.2 Challenging Party: a Party or Non-Party that challenges the 5 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 6 of 19 Page ID #:394

1 designation of information or items under this Order. 2 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 3 how it is generated, stored or maintained) or tangible things that qualify for 4 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 5 the Good Cause Statement. 6 2.4 Counsel: Outside Counsel and House Counsel (defined to include 7 support staff). 8 2.5 Designating Party: a Party or Non-Party that designates information or 9 items that it produces in disclosures or in responses to discovery as 10 “CONFIDENTIAL.” 11 2.6 Disclosure or Discovery Material: all items or information, regardless 12 of the medium or manner in which it is generated, stored, or maintained (including, 13 among other things, testimony, transcripts, and tangible things), that are produced or 14 generated in disclosures or responses to discovery in this matter. 15 2.7 Expert: a person with specialized knowledge or experience in a matter 16 pertinent to the litigation who has been retained by a Party or its counsel to serve as 17 an expert witness or as a consultant in this Action. 18 2.8 House Counsel: attorneys who are employees of a party to this Action, 19 including the attorneys’ support staff. House Counsel does not include Outside 20 Counsel. 21 2.9 Non-Party: any natural person, partnership, corporation, association or 22 other legal entity not named as a Party to this action. 23 2.10 Outside Counsel: attorneys who are not employees of a party to this 24 Action but are retained to represent or advise a party to this Action with respect to 25 this Action, including any attorney that has appeared in this Action on behalf of a 26 party, and any attorney affiliated with a law firm that has appeared on behalf of a 27 party in this Action or has been retained to represent or advise a party to this Action 28 with respect to this Action, including the attorneys’ support staff. 6 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 7 of 19 Page ID #:395

1 2.11 Party: any party to this Action, including all of its officers, directors, 2 employees, consultants, retained experts, and Outside Counsel. 3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 4 Discovery Material in this Action. 5 2.13 Professional Vendors: persons or entities that provide litigation 6 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 7 demonstrations, and organizing, storing, or retrieving data in any form or medium) 8 and their employees and subcontractors. 9 2.14 Protected Material: any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL.” 11 2.15 Receiving Party: a Party that receives Disclosure or Discovery 12 Material from a Producing Party. 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or 15 extracted from Protected Material; (2) all copies, excerpts, summaries, or 16 compilations of Protected Material; and (3) any testimony, conversations, or 17 presentations by Parties or their Counsel that might reveal Protected Material. 18 Any use of Protected Material at trial shall be governed by the orders of the 19 trial judge. This Order does not govern the use of Protected Material at trial. 20 4. DURATION 21 FINAL DISPOSITION of the action is defined as the conclusion of any 22 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 23 has run. Except as set forth below, the terms of this protective order apply through 24 FINAL DISPOSITION of the action. The parties may stipulate that they will be 25 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 26 but will have to file a separate action for enforcement of the agreement once all 27 proceedings in this case are complete. 28 7 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 8 of 19 Page ID #:396

1 Once a case proceeds to trial, information that was designated as 2 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 3 as an exhibit at trial becomes public and will be presumptively available to all 4 members of the public, including the press, unless compelling reasons supported by 5 specific factual findings to proceed otherwise are made to the trial judge in advance 6 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 7 showing for sealing documents produced in discovery from “compelling reasons” 8 standard when merits-related documents are part of court record). Accordingly, for 9 such materials, the terms of this protective order do not extend beyond the 10 commencement of the trial. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under 14 this Order must take care to limit any such designation to specific material that 15 qualifies under the appropriate standards. The Designating Party must designate for 16 protection only those parts of material, documents, items or oral or written 17 communications that qualify so that other portions of the material, documents, items 18 or communications for which protection is not warranted are not swept unjustifiably 19 within the ambit of this Order. 20 Mass, indiscriminate or routinized designations are prohibited. Designations 21 that are shown to be clearly unjustified or that have been made for an improper 22 purpose (e.g., to unnecessarily encumber the case development process or to impose 23 unnecessary expenses and burdens on other parties) may expose the Designating 24 Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 28 5.2 Manner and Timing of Designations. Except as otherwise provided in 8 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 9 of 19 Page ID #:397

1 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 2 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 3 under this Order must be clearly so designated before the material is disclosed or 4 produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial 8 proceedings), that the Producing Party affix at a minimum, the legend 9 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 10 contains protected material. If only a portion of the material on a page qualifies for 11 protection, the Producing Party also must clearly identify the protected portion(s) 12 (e.g., by making appropriate markings in the margins). 13 A Party or Non-Party that makes original documents available for inspection 14 need not designate them for protection until after the inspecting Party has indicated 15 which documents it would like copied and produced. During the inspection and 16 before the designation, all of the material made available for inspection shall be 17 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 18 documents it wants copied and produced, the Producing Party must determine which 19 documents, or portions thereof, qualify for protection under this Order. Then, 20 before producing the specified documents, the Producing Party must affix the 21 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 22 portion of the material on a page qualifies for protection, the Producing Party also 23 must clearly identify the protected portion(s) (e.g., by making appropriate markings 24 in the margins). 25 (b) for testimony given in depositions that the Designating Party identifies 26 the Disclosure or Discovery Material on the record, before the close of the 27 deposition all protected testimony. 28 (c) for information produced in some form other than documentary and 9 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 10 of 19 Page ID #:398

1 for any other tangible items, that the Producing Party affix in a prominent place on 2 the exterior of the container or containers in which the information is stored the 3 legend “CONFIDENTIAL.” If only a portion or portions of the information 4 warrants protection, the Producing Party, to the extent practicable, shall identify the 5 protected portion(s). 6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 7 failure to designate qualified information or items does not, standing alone, waive 8 the Designating Party’s right to secure protection under this Order for such material. 9 Upon timely correction of a designation, the Receiving Party must make reasonable 10 efforts to assure that the material is treated in accordance with the provisions of this 11 Order. 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality at any time that is consistent with the Court’s 15 Scheduling Order. 16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 17 resolution process under Local Rule 37-1 et seq. 18 6.3 The burden of persuasion in any such challenge proceeding shall be on 19 the Designating Party. Frivolous challenges, and those made for an improper 20 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 21 parties) may expose the Challenging Party to sanctions. Unless the Designating 22 Party has waived or withdrawn the confidentiality designation, all parties shall 23 continue to afford the material in question the level of protection to which it is 24 entitled under the Producing Party’s designation until the Court rules on the 25 challenge. 26 7. ACCESS TO AND USE OF PROTECTED MATERIAL 27 7.1 Basic Principles. A Receiving Party may use Protected Material that is 28 disclosed or produced by another Party or by a Non-Party in connection with this 10 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 11 of 19 Page ID #:399

1 Action only for prosecuting, defending or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a 4 Receiving Party must comply with the provisions of section 13 below (FINAL 5 DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel in this Action, as well as 14 employees of said Outside Counsel to whom it is reasonably necessary to disclose 15 the information for this Action; 16 (b) the officers, directors, and employees (including House Counsel) of 17 the Receiving Party to whom disclosure is reasonably necessary for this Action; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional jury or trial consultants, mock jurors, and Professional 24 Vendors to whom disclosure is reasonably necessary for this Action and who have 25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew the information; 28 (h) during their depositions, witnesses, and attorneys for witnesses, in the 11 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 12 of 19 Page ID #:400

1 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 2 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 3 not be permitted to keep any confidential information unless they sign the 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 5 agreed by the Designating Party or ordered by the court. Pages of transcribed 6 deposition testimony or exhibits to depositions that reveal Protected Material may 7 be separately bound by the court reporter and may not be disclosed to anyone except 8 as permitted under this Stipulated Protective Order; and 9 (i) any mediator or settlement officer, and their supporting personnel, 10 mutually agreed upon by any of the parties engaged in settlement discussions. 11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 12 IN OTHER LITIGATION 13 If a Party is served with a subpoena or a court order issued in other litigation 14 that compels disclosure of any information or items designated in this Action as 15 “CONFIDENTIAL,” that Party must: 16 (a) promptly notify in writing the Designating Party. Such notification 17 shall include a copy of the subpoena or court order; and 18 (b) promptly notify in writing via e-mail within ten business days the 19 party who caused the subpoena or order to issue in the other litigation that some or 20 all of the material covered by the subpoena or order is subject to this Protective 21 Order. Such notification shall include a copy of this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be 23 pursued by the Designating Party whose Protected Material may be affected. If the 24 Designating Party timely seeks a protective order, the Party served with the 25 subpoena or court order shall not produce any information designated in this action 26 as “CONFIDENTIAL” before a determination by the court from which the 27 subpoena or order issued, unless the Party has obtained the Designating Party’s 28 permission. The Designating Party shall bear the burden and expense of seeking 12 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 13 of 19 Page ID #:401

1 protection in that court of its confidential material and nothing in these provisions 2 should be construed as authorizing or encouraging a Receiving Party in this Action 3 to disobey a lawful directive from another court. 4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 5 PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced by a 7 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 8 produced by Non-Parties in connection with this litigation is protected by the 9 remedies and relief provided by this Order. Nothing in these provisions should be 10 construed as prohibiting a Non-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, to 12 produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party 16 that some or all of the information requested is subject to a confidentiality 17 agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (3) make the information requested available for inspection by the 22 Non-Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court within 24 14 days of receiving the notice and accompanying information, the Receiving Party 25 may produce the Non-Party’s confidential information responsive to the discovery 26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 not produce any information in its possession or control that is subject to the 28 confidentiality agreement with the Non-Party before a determination by the court. 13 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 14 of 19 Page ID #:402

1 Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this court of its Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this Order, 10 and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” that is attached hereto as Exhibit A. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, 16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 18 procedure may be established in an e-discovery order that provides for production 19 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 20 (e), insofar as the parties reach an agreement on the effect of disclosure of a 21 communication or information covered by the attorney-client privilege or work 22 product protection, the parties may incorporate their agreement in the stipulated 23 protective order submitted to the court. 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 Protective Order, no Party waives any right it otherwise would have to object to 14 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 15 of 19 Page ID #:403

1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Use of Own or Public Information. Nothing in this Order shall impose 5 any restriction on the use of or disclosure by a Party of its own information, except 6 that Defendants agree to treat as Protected Material for the purposes of this Action 7 their records produced in this Action that fall within the definition of 8 CONFIDENTIAL information. Nor shall anything in this Order preclude a Party 9 from relying on or filing on the public record any information that is in the public 10 domain as a result of publication not involving a violation of this Protective Order, 11 consistent with other applicable laws, regulations, and other agreements regarding 12 the use of such information, even if the same or similar information has been 13 designated as Protected Material in the context of records produced in discovery 14 under the auspices of this Order. The fact that such information is in the public 15 domain shall not, however, provide a Party an automatic right to publicly file 16 Protected Material. If a Party wishes to argue that the fact that certain information is 17 in the public domain should result in the de-designation or public filing of Protected 18 Material, it shall proceed in accordance with the provisions of this Order. 19 12.4 Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Local Civil Rule 79-5. Protected Material 21 may only be filed under seal pursuant to a court order authorizing the sealing of the 22 specific Protected Material at issue. If a Party’s request to file Protected Material 23 under seal is denied by the court, then the Receiving Party may file the information 24 in the public record unless otherwise instructed by the court. 25 13. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in paragraph 4, within 90 27 days of a written request by the Designating Party, each Receiving Party must return 28 all Protected Material to the Producing Party or destroy such material. As used in 15 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 16 of 19 Page ID #:404

1 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 2 summaries, and any other format reproducing or capturing any of the Protected 3 Material. Whether the Protected Material is returned or destroyed, the Receiving 4 Party must submit a written certification to the Producing Party (and, if not the same 5 person or entity, to the Designating Party) by the 90 day deadline that (1) identifies 6 (by category, where appropriate) all the Protected Material that was returned or 7 destroyed and (2) affirms that the Receiving Party has not retained any copies, 8 abstracts, compilations, summaries or any other format reproducing or capturing any 9 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 10 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 11 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 12 reports, attorney work product, and consultant and expert work product, even if such 13 materials contain Protected Material. Any such archival copies that contain or 14 constitute Protected Material remain subject to this Protective Order as set forth in 15 Section 4 (DURATION). 16 17 18 19 20 21 22 23 24 25 26 27 28 16 Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 17 of 19 Page ID #:405

1 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, 3 without limitation, contempt proceedings and/or monetary sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 DATED: September 9, 2022 7 AMERICAN CIVIL LIBERTIES UNION 8 FOUNDATION 9 AMERICAN CIVIL LIBERTIES UNION 10 OF MINNESOTA 11 ACLU FOUNDATION OF SOUTHERN 12 CALIFORNIA 13 By: /s/ Ashley Gorski 14 Ashley Gorski 15 American Civil Liberties Union Foundation 125 Broad Street, Floor 18 16 New York, NY 10004 17 Tel: (212) 549-2500 [email protected] 18

19 Counsel for Plaintiffs

20

21 DATED: September 9, 2022 22

23 BRIAN M. BOYNTON 24 Principal Deputy Assistant Attorney General Civil Division 25

26 BRIGHAM J. BOWEN Assistant Branch Director 27 Federal Programs Branch, Civil Division 28 17 Case 4|22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 18o0f19 Page ID #:406 2 /s/ Leslie Cooper Vigen 3 LESLIE COOPER VIGEN Trial Attorney (DC Bar No. 1019782) 4 || Civil Division, Federal Programs Branch 5 United States Department of Justice 1100 L Street, NW, Washington, D.C. 20005 6 || Telephone: (202) 305-0727 7 || Email: [email protected] 8 Counsel for Defendants 10 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 12 1B DATED: _ September 13,2022 14 15 . / | 16 || HON‘GAIL J. STANDISH 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 18

Case 2:22-cv-01916-FWS-GJS Document 53 Filed 09/13/22 Page 19 of 19 Page ID #:407

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Kariye et al. v. Mayorkas et al., 2:22-cv-1916-FWS-GJS 9 (C.D. Cal.). I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 19