Algohaim v. United States

Background

The parties submitted a jointly proposed stipulation and protective order. The order covers private information regarding electronic benefits transfer card recipients and competitor store information that is contained in the certified administrative record. The listed information includes names, addresses, Food and Nutrition Service numbers, electronic benefits transfer card numbers, household numbers, and other confidential, proprietary, personal, or similar information.

Terms of the Order

The order authorizes the defendants, including their contractors, agents, and employees, to disclose protected information in the certified administrative record to the plaintiffs’ counsel for purposes of litigating the action. The parties may not release the information to the public or to anyone not directly involved in the litigation, and they may use it only for this case.

The order limits further disclosure to the United States, its agencies and employees; the parties’ attorneys of record and their litigation-support personnel; the plaintiffs, subject to restrictions; and the Court and its employees. Plaintiffs may read the protected information only in the presence of their attorney and may not maintain, retain, keep, copy, or photograph it. Before disclosure, plaintiffs’ counsel must ensure that each recipient reads, understands, and agrees to follow the order. Further disclosure is prohibited.

At the end of the litigation, people who received protected information generally must return it to defense counsel and certify that the documents were returned and copies destroyed. The order remains in effect after the case ends. It does not require production of information protected by another privilege, statute, regulation, or authority.

Court’s Ruling

Judge Jesse Furman entered the protective order. The order states that it is not a decision about whether particular documents or information must be produced, or whether they are relevant or admissible. It also does not itself authorize filing documents under seal. A party must obtain another court order addressing specific documents or portions of documents before filing them under seal, subject to the stated procedures and the applicable federal rule on privacy redactions. If protected information is accidentally filed publicly, the parties must promptly seek permission to refile the document with the information properly redacted.