CORY D. VOORHIS v.

DEPARTMENT OF HOMELAND SECURITY

Docket # DE-0752-09-0199-I-1
Agency's Motion for a Protective Order
Summary Page

Case Title : CORY D. VOORHIS v. DEPARTMENT OF HOMELAND SECURITY

Docket Number : DE-0752-09-0199-I-1

Pleading Title : Agency's Motion for a Protective Order

Filer's Name : Robert P. Erbe, Esq.

Filer's Pleading Role : Agency Representative

Details about the supporting documentation

N/A

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 1 of 13
 Table of Contents


  

   
    

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 2 of 13
 CORY D. VOORHIS v. DEPARTMENT OF HOMELAND SECURITY
Docket # DE-0752-09-0199-I-1
Agency's Motion for a Protective Order
Online Interview

1. Would you like to enter the text online or upload a file containing the pleading?

See attached pleading text document

2. Does your pleading assert facts that you know from your personal knowledge?

Yes

3. Do you declare, under penalty of perjury, that the facts stated in this pleading are true and correct?

Yes

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 3 of 13
 UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD
WASHINGTON REGIONAL OFFICE

____________________________________________
)
CORY D. VOORHIS, )
)
Appellant, )
)
v. )
) Docket Number:
) DE-0752-09-0199-I-1
DEPARTMENT OF HOMELAND SECURITY, )
)
Agency. )
____________________________________________)

AGENCY’S MOTION FOR A PROTECTIVE ORDER

Pursuant to 5 C.F.R. § 1201.55(d), the Agency moves for a Protective Order to

protect Agency witnesses from harassment. After the Agency provided Appellant and his

attorneys Office of Professional Responsibility (OPR) Reports of Investigations in

discovery, the Appellant has disclosed the information to the Denver Post and other news

organizations in the Denver metropolitan area. Despite previous assurances from

Appellant’s counsel that they would not release these documents outside the scope of

litigation, Appellant has released information which is being used to harass Group

Supervisor Anthony Rouco. In addition, the Appellant is in possession of other

information affecting other Agency employees and the Agency fears he will continue to

disclose this information to individuals who do not have a need to know. As such, the

Agency seeks a Protective Order to protect any and all Agency investigations, including

but not limited to OPR investigations, pertaining to other federal employees.

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 4 of 13
 The Agency requests that the disclosure of any and all reports of investigations of

other Agency employees shall be subject to the following conditions:

1. Effective immediately, no additional copies of any and all Agency Reports of

Investigations (including exhibits unless the exhibit consists of federal court
testimony which is public record) of other Agency employees shall by made
the Appellant or his representatives. This prohibition includes, but is not
limited to reports of investigations on Anthony Rouco, Jeff Copp, Paul
Maldonado, Judith Jorden, Manuel Olmos, Joseph Gallion or any other current
or former Agency employee. This also includes the Polygraph Report of
Examination regarding Group Supervisor Anthony Rouco.

2. The Appellant and his attorney shall not disclose any Agency Report of
Investigation (including exhibits unless the exhibit consists of federal court
testimony which is public record) of other Agency employees to any other
person except those employees of his attorney’s office to whom the disclosure
is reasonably and in good faith calculated to aid in the preparation and conduct
of the hearing in this matter.

3. The Appellant and his attorney shall ensure that any other person to whom
disclosure may be made of any part of, or information contained in, any
Agency Report of Investigation (including exhibits unless the exhibit consists
of federal court testimony which is public record) of other Agency employees,
shall, prior to such disclosure, have read, understood, and acknowledged in
writing his or her agreement to be bound by this Order.

4. No person to whom the Appellant and his counsel discloses any Agency
Report of Investigation (including exhibits unless the exhibit consists of federal
court testimony which is public record) of other Agency employees, may make
any copies of, or further disclose any of the documents or information
contained in the Reports of Investigation, including its exhibits.

5. The sole purpose for which any Agency Report of Investigation (including
exhibits unless the exhibit consists of federal court testimony which is public
record) of other Agency employees were disclosed to the Appellant was to
allow him to prepare for and adjudicate his MSPB appeal. Neither the
Appellant nor his attorney may use such documents for any other purpose.

6. Upon conclusion of the case, including an appeal, any Agency Report of

2

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 5 of 13
 Investigation (including exhibits unless the exhibit consists of federal court
testimony which is public record) of other Agency employees and documents
released under this Order shall be returned to the Agency representative within
a reasonable time, not to exceed thirty (30) days from the date of final decision,
if not appealed, or settlement, or the date of the decision on appeal. The
Appellant’s attorney shall certify, in writing, within thirty (30) days of the
conclusion of the case, that there have been no copies made and that the
complete set of agent’s notes and documents have been returned.

7. The termination of the proceedings in this case shall not relieve any person to
whom any Agency Report of Investigation (including exhibits unless the
exhibit consists of federal court testimony which is public record) of other
Agency employees are disclosed from the obligations of this Order, and the
Administrative Judge shall retain jurisdiction after the final disposition of this
case for the purpose of any application to enforce the provisions of this Order.

8. Any and all persons examining or otherwise handling any of the documents
covered by this Order shall, prior to such examination or handling,
acknowledge, in writing, that they have read, understood, and acknowledged
their agreement to be bound by this Order. Any such acknowledgments shall
be forwarded to the Agency’s representative within five (5) days of signature.

9. At the conclusion of the MSPB case, when any Agency Report of

Investigation (including exhibits unless the exhibit consists of federal court
testimony which is public record) of other Agency employees are returned, a
list of all persons who have seen such documentation shall be forwarded by the
Appellant to the Agency representative with the documentation.

The Agency is attaching a proposed order to this motion.

Respectfully Submitted,

_______/s/____________
Robert P. Erbe
Agency Representative

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 6 of 13
 CERTIFICATE OF SERVICE

I certify that the AGENCY’S MOTION FOR A PROTECTIVE ORDER was

sent on this 9TH day of October 2009, as indicated below, to the following individuals:

Administrative Judge

Jeremiah Cassidy
Administrative Judge
Merit Systems Protection Board via MSPB E-Appeal
Washington Regional Office
1800 Diagonal Road, Suite 205
Alexandria, VA 22314-2840

Appellant’s Representative

Thomas F. Muther, Jr.

MINAHAN AND SHAPIRO, P.C. via MSPB E-Appeal
Attorneys for Appellant
5132 W. 26th Avenue
Denver, CO 80212

Appellant

Cory D. Voorhis
12038 West Quincy Place via First Class Mail
Morrison, CO 80465

__________/s/_____________
Robert P. Erbe, Esquire
Agency Representative
4

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 7 of 13
 UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD
WASHINGTON REGIONAL OFFICE

____________________________________________
)
CORY D. VOORHIS, )
)
Appellant, )
)
v. )
) Docket Number:
) DE-0752-09-0199-I-1
DEPARTMENT OF HOMELAND SECURITY, )
)
Agency. )
____________________________________________)

ORDER GRANTING AGENCY’S REQUEST FOR A PROTECTIVE ORDER

On October 9, 2009, the agency moved for a Protective Order. The agency sought

the protective order because the Appellant had released information he obtained in the

discovery process, outside of the litigation in this matter. Based upon the evidence and

arguments presented to me, I find a protective order is necessary to prevent any further

harassment to any current or former federal employee. Therefore, the agency’s motion

for a Protective Order is GRANTED.

The purpose of the Protective Order is to protect sensitive information contained

in any and all Agency reports of investigations that may constitute an unwarranted

invasion of personal privacy. While certain information has already been disclosed by the

Appellant, I find it necessary to prohibit further release of such information.

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 8 of 13
 The disclosure of any and all reports of investigations of other Agency employees

shall be subject to the conditions set forth below. Such conditions are EFFECTIVELY

IMMEDIATELY and the failure of the Appellant and his counsel to abide by these

conditions may result in appropriate sanctions pursuant to 5 C.F.R. § 1201.43, which can

include, dismissal of his appeal.

1. Effective immediately, no additional copies of any and all Agency Reports of

Investigations (including exhibits unless the exhibit consists of federal court
testimony which is public record) of other Agency employees shall by made
the Appellant or his representatives. This prohibition includes, but is not
limited to reports of investigations on Anthony Rouco, Jeff Copp, Paul
Maldonado, Judith Jorden, Manuel Olmos, Joseph Gallion or any other current
or former Agency employee. This also includes the Polygraph Report of
Examination regarding Group Supervisor Anthony Rouco.

2. The Appellant and his attorney shall not disclose any Agency Report of
Investigation (including exhibits unless the exhibit consists of federal court
testimony which is public record) of other Agency employees to any other
person except those employees of his attorney’s office to whom the disclosure
is reasonably and in good faith calculated to aid in the preparation and conduct
of the hearing in this matter.

3. The Appellant and his attorney shall ensure that any other person to whom
disclosure may be made of any part of, or information contained in, any
Agency Report of Investigation (including exhibits unless the exhibit consists
of federal court testimony which is public record) of other Agency employees,
shall, prior to such disclosure, have read, understood, and acknowledged in
writing his or her agreement to be bound by this Order.

4. No person to whom the Appellant and his counsel discloses any Agency
Report of Investigation (including exhibits unless the exhibit consists of federal
court testimony which is public record) of other Agency employees, may make
any copies of, or further disclose any of the documents or information
contained in the Reports of Investigation, including its exhibits.

5. The sole purpose for which any Agency Report of Investigation (including
exhibits unless the exhibit consists of federal court testimony which is public
6

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 9 of 13
 record) of other Agency employees were disclosed to the Appellant was to
allow him to prepare for and adjudicate his MSPB appeal. Neither the
Appellant nor his attorney may use such documents for any other purpose.

6. Upon conclusion of the case, including an appeal, any Agency Report of

Investigation (including exhibits unless the exhibit consists of federal court
testimony which is public record) of other Agency employees and documents
released under this Order shall be returned to the Agency representative within
a reasonable time, not to exceed thirty (30) days from the date of final decision,
if not appealed, or settlement, or the date of the decision on appeal. The
Appellant’s attorney shall certify, in writing, within thirty (30) days of the
conclusion of the case, that there have been no copies made and that the
complete set of agent’s notes and documents have been returned.

7. The termination of the proceedings in this case shall not relieve any person to
whom any Agency Report of Investigation (including exhibits unless the
exhibit consists of federal court testimony which is public record) of other
Agency employees are disclosed from the obligations of this Order, and the
Administrative Judge shall retain jurisdiction after the final disposition of this
case for the purpose of any application to enforce the provisions of this Order.

8. Any and all persons examining or otherwise handling any of the documents
covered by this Order shall, prior to such examination or handling,
acknowledge, in writing, that they have read, understood, and acknowledged
their agreement to be bound by this Order. Any such acknowledgments shall
be forwarded to the Agency’s representative within five (5) days of signature.

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 10 of 13
 9. At the conclusion of the MSPB case, when any Agency Report of
Investigation (including exhibits unless the exhibit consists of federal court
testimony which is public record) of other Agency employees are returned, a
list of all persons who have seen such documentation shall be forwarded by the
Appellant to the Agency representative with the documentation.

FOR THE BOARD: _______________________________

Jeremiah Cassidy
Regional Director
Phone: (703) 756-6250
Fax: (703) 756-7112

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 11 of 13
 Certificate Of Service

e-Appeal has handled service of the assembled pleading to MSPB and the
following Parties.

Name & Address Documents Method of Service

MSPB: Washington Regional Agency's Motion for a e-Appeal / e-Mail

Office Protective Order

Minahan and Muther, P.C. Agency's Motion for a e-Appeal / e-Mail

Appellant Representative Protective Order

I agree to send a printed copy of the electronic pleading with attachments to

non-efilers by the end of next business day, as follows:

Name & Address Documents Method of Service

Cory D. Voorhis Agency's Motion for a US Postal Mail

Appellant Protective Order

12038 West Quincy Place

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 12 of 13
 Morrison, CO 80465

Pleading Number : 2009016222 Submission date : 2009-10-09 14:07:34 Confirmation Number: 843253910 page 13 of 13