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Case 1:05-cv-01429-UNA Document 7-3 Filed 07/29/2005 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

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In re Guantanamo Detainee Cases

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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.

Case 1:05-cv-01429-UNA Document 7-3 Filed 07/29/2005 Page 2 of 4

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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Case 1:05-cv-01429-UNA Document 7-3 Filed 07/29/2005 Page 3 of 4

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,

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Case 1:05-cv-01429-UNA Document 7-3 Filed 07/29/2005 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.

IT IS SO ORDERED.

December 13, 2004

______/s/___________________
JOYCE HENS GREEN
United States District Judge

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