Gonzalez v. United States

Background

Marveline Gonzalez brought claims against the United States under the Federal Tort Claims Act. The parties jointly requested a Privacy Act order and protective order because some records sought in discovery could contain information about third parties protected by the Privacy Act of 1974. The court found good cause to enter the order.

Order’s Terms

The order authorizes the United States, under 5 U.S.C. § 552a(b)(11), to produce information when disclosure is permitted by a court order under the Privacy Act. It does not require production of information barred by other privileges, statutes, regulations, or legal authorities.

“Protected Information” includes documents, records, and information containing confidential, proprietary, personal, or similar information, including information protected by the Privacy Act. A party designating material as protected must mark it “Subject to Protective Order.” A party challenging a designation must give written notice, and unresolved disputes must be handled under the applicable federal and local rules, the judge’s practices, or other court orders.

Protected Information may be used only for this action and may not be publicly disclosed except as the order permits. The listed authorized recipients include the parties and their counsel and staff, deposition witnesses when relevant to their testimony, experts and consultants, court reporters and their staff, the court and court personnel, and other persons later authorized by the court. Recipients must receive a copy of the order and may not disclose the information to unauthorized people.

The order also provides procedures for depositions involving protected information and for proposed public filings containing such information. A party seeking to file protected material publicly must give the producing party at least ten days’ written notice. The producing party may then ask the court to keep the material under seal, and the material may not be filed until the court decides that application. The order does not itself permit the parties to file documents under seal without a separate court order.

After final disposition of the action, including appeals, protected information held by qualified persons other than counsel for the parties must generally be returned or destroyed within thirty days, with written certification if it is destroyed. The order also addresses inadvertent failures to mark material, legally required disclosures, and disclosures to government authorities.

What the Court Did

Judge Jesse Furman entered the stipulated order but expressly stated that the court had not reviewed the documents referenced in it and therefore made no finding that they were confidential. The order also made no ruling on whether any document or information was discoverable, relevant, admissible, privileged, or otherwise protected. It preserved the parties’ rights to raise objections and seek additional protection or disclosure.