Filed: Mar. 07, 2014
Latest Update: Mar. 07, 2014
Summary: PROTECTIVE ORDER TRDY L. NUNLEY, District Judge. ORDER The United States has applied to the Court for a protective order related to the discovery materials to be disclosed by the United States to the defendants in the above-captioned case. Based upon the facts and representations set forth in the United States's Application, the Court finds that the United States has shown good cause exists to limit the disclosure of the discovery materials in the pending criminal matter, United States v.
Summary: PROTECTIVE ORDER TRDY L. NUNLEY, District Judge. ORDER The United States has applied to the Court for a protective order related to the discovery materials to be disclosed by the United States to the defendants in the above-captioned case. Based upon the facts and representations set forth in the United States's Application, the Court finds that the United States has shown good cause exists to limit the disclosure of the discovery materials in the pending criminal matter, United States v. C..
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PROTECTIVE ORDER
TRDY L. NUNLEY, District Judge.
ORDER
The United States has applied to the Court for a protective order related to the discovery materials to be disclosed by the United States to the defendants in the above-captioned case.
Based upon the facts and representations set forth in the United States's Application, the Court finds that the United States has shown good cause exists to limit the disclosure of the discovery materials in the pending criminal matter, United States v. Cortez-Garcia, et al., 2:13-CR-00353-TLN because public disclosure and wide dissemination of the discovery materials in this case could jeopardize the lives and safety of confidential informants and undercover law enforcement officers and the United States's ongoing criminal investigation. Therefore:
IT IS ORDERED THAT pursuant to Federal Rule of Criminal Procedure 16(d)(1), the discovery materials may be disclosed to defense counsel of record in United States v. Cortez-Garcia, et al., 2:13-CR-00353-TLN, as long as such disclosures are made solely for the purpose of preparing a defense to the charges pending in that case.
Specifically, said disclosures may be made by counsel of record for a defendant in this matter to: (a) the defendant represented by counsel of record, (b) other counsel of record in the pending case, (c) his or her legal associates, investigators, paralegals, stenographic, and clerical employees involved in the defense of this case, (d) persons identified in the materials to be disclosed as present during the reported transaction or a participant therein, and (e) other persons only upon order of the Court upon a showing of particularized need; provided that nothing in this order shall prevent defense counsel from disclosing said materials to a potential witness for the defense where defense counsel has a good faith basis to believe that such disclosure is necessary to the proper preparation of the defense.
IT IS FURTHER ORDERED THAT counsel of record for the defense in United States v. Cortez-Garcia, et al., 2:13-CR-00353-TLN, shall not make any disclosure as provided in the foregoing paragraph without first providing the person to whom the disclosure will be made with a copy of the Court's Order and receiving that person's written acknowledgment that he or she is bound by the terms of this Order after having read the Order and having its contents fully explained by counsel of record making the disclosure.