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Full text of "gov.uscourts.dcd.116163"

Case 1:05-cv-01458-UNA-AK Document 2-5 Filed 08/31/2005 Page 1 of 4 



UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



In re Guantanamo Detainee Cases 



Civil Action Nos. 

02-CV-0299 (CKK), 02-CV-0828 (CKK), 
02-CV-1130 (CKK), 04-CV-1135 (ESH), 
04-CV-1136 (JDB), 04-CV-1137 (RMC), 
04-CV-1144 (RWR), 04-CV-1164 (RBW), 
04-CV-1194 (HHK), 04-CV-1227 (RBW), 
04-CV-1254 (HHK), 04-CV-1897 (RMC) 



ORDER SUPPLEMENTING AND AMENDING FILING PROCEDURES 
CONTAINED IN NOVEMBER 8, 2004 AMENDED PROTECTIVE ORDER 



In its November 8, 2004 Amended Protective Order, the Court set forth procedures for 
the filing of documents by counsel in these coordinated cases. Paragraph 46 governs the filing of 
documents by counsel for the petitioners and requires that all filings be first submitted under seal 
to the Court Security Officer ("CSO") to determine whether they contain classified or protected 
information. If the CSO, in consultation with the appropriate agency, concludes that a particular 
filing does not contain any classified or protected information, ]} 46 requires the unsealing of the 
document by the CSO and the filing of the document in the public record. If the CSO, in 
consultation with the appropriate agency, concludes that a particular filing does contain classified 
or protected information, that information is to remain under seal and the unclassified and 
unprotected portions of the filing, if any, are to be placed in the public record. Paragraph 47 
governs the filing of classified materials by counsel for the respondents and requires counsel to 
submit classified filings under seal to the Court through the CSO. 



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It has recently come to the Court's attention that some confusion and certain difficulties 
have arisen with respect to the filing of documents containing classified or protected information. 
Most of the difficulties have arisen as a result of the nature of the Court's CM/ECF electronic 
filing system. To clarify and, hopefully, to improve the filing system, it is hereby 

ORDERED that the "Procedures For Filing Documents" contained on pages 13 through 
14 of the November 8, 2004 Amended Protective Order are modified and supplemented as 
follows: 

All documents filed by a petitioner shall be filed under seal with the Court through the 
Court Security Officer for determination by the appropriate agency as to whether the documents 
contain classified or protected information. At the time of making a submission to the CSO, the 
attorney shall file on the public record in the CM/ECF system a "Notice of Filing" notifying the 
Court that a submission has been made to the CSO and specifying in general terms the nature of 
the filing without disclosing any potentially classified or protected information. It is the Court's 
understanding that the CM/ECF system requires counsel to attach a document to any entry made 
by them on the system. Accordingly, the document to be attached to the Notice of Filing in the 
CM/ECF system shall be a one page submission repeating in general terms the nature of the 
filing without disclosing any potentially classified or protected information and disclosing the 
date and time the document was delivered to the CSO for her review. 

In the event that the CSO informs counsel for a petitioner that a proposed filing does not 
contain any classified or protected information, counsel shall then promptly file the full 
submission in the CM/ECF system and counsel shall make specific reference to the earlier docket 



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entry notifying the Court that the document had been submitted to the CSO for review. The 
docket entry description shall also state that the CSO has approved of the public filing of the 
document. The underlying document filed in the CM/ECF system shall contain a notation in the 
upper right hand corner of the first page stating "PREVIOUSLY FILED WITH CSO AND 
CLEARED FOR PUBLIC FILING." 

In the event that the CSO informs counsel for a petitioner that a proposed filing does in 
fact contain some or all classified or protected information, counsel shall then promptly file in 
the CM/ECF system a version of the document suitable for public viewing. Unless an entire 
document is deemed classified or protected, a "version of the document suitable for public 
viewing" shall mean a document in which the portions of the document containing classified or 
protected information are redacted. Such document shall contain a notification in the upper right 
hand corner of the first page stating "REDACTED VERSION FOR PUBLIC FILING CLEARED 
BY CSO." In the event an entire document is deemed classified or protected, a "version of the 
document suitable for public viewing" shall mean a one page "half sheet" containing the caption 
of the case, a version of the title of the document that does not disclose classified or protected 
information, and a brief statement that the CSO has informed counsel that the entire document is 
classified or protected. The docket entry description in the CM/ECF system for the document 
suitable for public viewing shall make specific reference to the earlier docket entry notifying the 
Court that the document had been submitted to the CSO for review. 

Any pleading or other document filed by counsel for the respondents containing classified 
or protected information shall be filed under seal with the Court through the CSO. In addition, 



Case 1:05-cv-01458-UNA-AK Document 2-5 Filed 08/31/2005 Page 4 of 4 



counsel for respondents shall file in the CM/ECF system a version of the document suitable for 
public viewing as that phrase is defined in the preceding paragraph. 

rr IS SO ORDERED. 

December 13, 2004 /s/ 



JOYCE HENS GREEN 
United States District Judge