IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

'
MARK MALOOLY, individually and )
on behalf of the other members of the class, )
Plaintiff, )
)
v. )
)
) Civil No.
State of Texas, et al., ) A96CA229SS
Defendants. )


AGREED PROTECTIVE ORDER

This Court has ordered defendants to produce the unredacted application files of white and non-preferred minority resident applicants to The University of Texas School of Law for the Fall 1994 entering class, who were within Category II (the "discreti onary zone"), as well as redacted files of "Dean's List" applicants who were offered admission to the University of Texas Law School for the Fall 1994 entering class over the objections of the Admissions Committee. To facilitate compliance with that Orde r, the parties have agreed to this protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. Therefore, it is hereby ordered that:

  1. Unredacted application files required to be produced under the Court's Order and containing information showing the identity of each applicant will be produced only to counsel of record for the plaintiff in this case.

  2. When counsel for plaintiff has identified the files he wishes to have copied, all identifying information such as name, social security number, and date of birth will be redacted before copies of the files are provided to counsel for plaintiff.

  3. Information regarding the identity of any applicant whose file is produced to counsel for the plaintiff shall be used solely for the purpose of preparation and trial of this litigation and for no other purpose whatsoever, and shall not be disclosed b y counsel for the plaintiff to any person.

  4. As far as the provisions of this Order restrict the communication and use of information contained in the application files to be produced, this Order shall continue to be binding after the conclusion of this litigation.

SIGNED AND ENTERED this 31st day of January, 1997.

(Sam Sparks)


____________________________

UNITED STATES DISTRICT JUDGE


AGREED:

(DEBORAH A. VERBIL)


__________________________________

Special Assistant Attorney General

P.O. Box 12548, Capitol Station
Austin, Texas 78711
(512) 463-2191
Fax: (512) 463-2063
Counsel for Defendants

(STEVEN W. SMITH)


__________________________________

STEVEN W. SMITH

400 West 35th Street #109
Austin, Texas 78705
(512) 302-4546
Fax: (512) 322-3272
Counsel for Plaintiff Malooly