1 Michael Newdow, pro hac vice 

2 PO Box 233345 

3 Sacramento, CA 95823 

4 (916) 427-6669 

5 

6 Rosanna Fox, NH SBN: 17693 

7 O’Brien Law Firm P.C. 

8 One Sundial Avenue, Fifth Floor 

9 Manchester, NH 03103 

10 (603) 627-3800 

11 

12 

13 IN THE UNITED STATES DISTRICT COURT 

14 FOR THE DISTRICT OF NEW HAMPSHIRE 

15 

16 Civil Action No. 1:07-cv-356-JM 

17 

18 

19 THE FREEDOM FROM RELIGION FOUNDATION; 

20 JAN DOE AND PAT DOE, PARENTS; DOECHILD-1, DOECHILD-2 and 

21 DOECHILD-3, MINOR CHILDREN; 

22 

23 Plaintiffs, 

24 v. 

25 

26 THE CONGRESS OF THE UNITED STATES OF AMERICA; 

27 THE UNITED STATES OF AMERICA; 

28 THE HANOVER SCHOOL DISTRICT (“HSD”); 

29 THE DRESDEN SCHOOL DISTRICT (“DSD”); 

30 SCHOOL ADMINISTRATIVE UNIT 70 (“SAU #70”); 

31 

32 Defendants. 

33 

34 

35 

36 STIPULATED PROTECTIVE ORDER 

37 

Case 1:07-cv-00356-SM Document 23-2 Filed 01/22/08 Page 1 of 5
FFRF v. U.S. Congress STIPULATED PROTECTIVE ORDER January 22, 2008 

Page 1 of 4 

1 Plaintiffs THE FREEDOM FROM RELIGION FOUNDATION (“FFRF”), 

2 JAN DOE, PAT DOE, DOECHILD-1, DOECHILD-2 and DOECHILD-3, by and 

3 through their undersigned counsel; Defendants THE CONGRESS OF THE 

4 UNITED STATES OF AMERICA, THE UNITED STATES OF AMERICA, THE 

5 HANOVER SCHOOL DISTRICT (“HSD”), THE DRESDEN SCHOOL 

6 DISTRICT (“DSD”), SCHOOL ADMINISTRATIVE UNIT 70 (“SAU #70”), by 

7 and through their undersigned counsel; and planned Intervenor-Defendant THE 

8 STATE OF NEW HAMPSHIRE, by and through its undersigned counsel; hereby 

9 stipulate as follows: 

10 

11 (1) The true identities of the Plaintiffs, except that of Plaintiff FFRF, will be 

12 protected from disclosure through the discovery process and in pleadings 

13 filed in this case and will be kept confidential. (Hereinafter, “Plaintiffs” 

14 means all Plaintiffs in this action except Plaintiff FFRF.) The identities of 

15 the Plaintiffs and any documents that reveal their identities as Plaintiffs will 

16 be deemed “confidential information” for purposes of this stipulation. 

17 However, this stipulation does not address whether Plaintiffs must be 

18 present in person at depositions, open court hearings or whether their 

19 identities will be required to be disclosed at trial. That issue will be 

20 discussed by the parties at a later date. 

21 

22 (2) In conjunction with the Parties entering into this stipulation, the true 

23 identities of Plaintiffs shall be disclosed to defense counsel (if requested) 

24 for the purpose of obtaining information necessary to defend the case, 

25 including but not limited to, residency status, taxpayer status, 

26 custody/guardianship status or school enrollment status of Plaintiffs. 

27 

28 (3) No Confidential information produced by any party shall be used for any 

29 purpose other than the litigation of this case. 

30 

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FFRF v. U.S. Congress STIPULATED PROTECTIVE ORDER January 22, 2008 

Page 2 of 4 

1 (4) There shall be no disclosure of confidential information to anyone other 

2 than the following: 

3 

4 (a) The parties to the case, including their current employees or agents who 

5 have a reasonable need to know the confidential information; 

6 (b) The parties’ attorneys and all attorneys affiliated with the respective 

7 parties, and the attorneys’ staff; 

8 (c) Experts and consultants retained by attorneys for the parties in the 

9 preparation or presentation of the case; 

10 (d) Employees of the insurance companies or claims administrators that 

11 insure any of the Defendants and/or oversee the litigation; 

12 (e) Any persons responsible for storing or maintaining the parties’ case 

13 files at the conclusion of the case; and 

14 (f) The court or any other officer who presides over any proceeding in the 

15 case, and to court reporters as necessary. 

16 

17 

18 (5) In filing documents with the Court, confidential information may be used in 

19 court if the documents are filed under seal. 

20 

21 (6) Disclosure: 

22 

23 (a) A request to a party for authorization to disclose confidential 

24 information, other than as permitted herein, shall identify the 

25 information for which disclosure is sought, shall identify the person or 

26 entity to whom disclosure is proposed, shall state the reasons why 

27 disclosure is necessary or appropriate, and shall be made in writing to 

28 counsel for the other party(s). Counsel for the party(s) shall respond in 

29 writing to the request within a reasonable time. If there is no objection 

30 to the request for disclosure, the identified confidential information may 

31 be disclosed to the person or entity previously identified. If the 

32 designating party denies authorization for disclosure of identified 

33 documents, no such disclosure shall be made unless, after application to 

34 the court, the court so orders. 

35 (b) Any person to whom confidential information is disclosed shall be 

36 advised of the confidential nature of the information and instructed that 

37 the information is to be kept confidential. All individuals should be 

38 advised that unauthorized disclosure of confidential information may 

39 subject them to a potential contempt citation. 

40 

Case 1:07-cv-00356-SM Document 23-2 Filed 01/22/08 Page 3 of 5
FFRF v. U.S. Congress STIPULATED PROTECTIVE ORDER January 22, 2008 

Page 3 of 4 

1 (7) This Stipulated Protective Order may be modified or terminated by the 

2 court for good cause shown, or by signed stipulation by all of the parties 

3 who agree to this stipulation. 

4 

5 (8) Any party for good cause may apply to the court to obtain further 

6 protection than that provided by the process of filing documents under 

7 seal. 

8 

9 (9) The party designating information as confidential may waive any of the 

10 provisions of this Stipulated Protective Order in writing. 

11 

12 (10) This Stipulated Protective Order shall continue to be binding after the 

13 conclusion of this action. 

14 

15 (11) Nothing contained herein shall preclude any party to the Stipulation from 

16 seeking to secure from the Court greater protection for particular 

17 information or for relief from the Stipulation if such is deemed to be 

18 necessary by the Party. 

19 

20 (12) Nothing in this Stipulated Protective Order shall prevent disclosure of 

21 confidential information as required by law or as compelled by any Court. 

22 

23 

24 DATED: January 22, 2008 

25 

26 /s/ - Michael A. Newdow

27 Attorney for Plaintiffs THE FREEDOM FROM RELIGION FOUNDATION, JAN 

28 DOE, PAT DOE, DOECHILD-1, DOECHILD-2 and DOECHILD-3. 

29 

30 /s/ - Eric B. Beckenhauer

31 Attorney for Defendants THE CONGRESS OF THE UNITED STATES OF 

32 AMERICA and THE UNITED STATES OF AMERICA. 

33 

34 /s/ - David Bradley

35 Attorney for Defendants THE HANOVER SCHOOL DISTRICT, THE DRESDEN 

36 SCHOOL DISTRICT and SCHOOL ADMINISTRATIVE UNIT 70. 

37 

38 /s/ - Nancy J. Smith

39 Attorney for planned Intervenor-Defendant THE STATE OF NEW HAMPSHIRE. 

Case 1:07-cv-00356-SM Document 23-2 Filed 01/22/08 Page 4 of 5
FFRF v. U.S. Congress STIPULATED PROTECTIVE ORDER January 22, 2008 

Page 4 of 4 

1 ORDER

2 

3 IT IS SO ORDERED: 

4 

5 

6 DATED: ___________________ /s/ - C.J. McAuliffe

7 U.S. District Judge 

8 United States District Court 

9 

Case 1:07-cv-00356-SM Document 23-2 Filed 01/22/08 Page 5 of 5