Filed: Jan. 12, 2015
Latest Update: Jan. 12, 2015
Summary: STIPULATION AND [PROPOSED] PROTECTIVE ORDER JON S. TIGAR, District Judge. The parties hereby stipulate and agree that entry of a protective order is appropriate in this matter. Upon request, the United States will produce to counsel for the defendant various discovery materials that contain personal and private information of the defendant and third parties. This information includes personal identifying information (such as social security numbers, birth dates, and driver's license numb
Summary: STIPULATION AND [PROPOSED] PROTECTIVE ORDER JON S. TIGAR, District Judge. The parties hereby stipulate and agree that entry of a protective order is appropriate in this matter. Upon request, the United States will produce to counsel for the defendant various discovery materials that contain personal and private information of the defendant and third parties. This information includes personal identifying information (such as social security numbers, birth dates, and driver's license numbe..
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
JON S. TIGAR, District Judge.
The parties hereby stipulate and agree that entry of a protective order is appropriate in this matter. Upon request, the United States will produce to counsel for the defendant various discovery materials that contain personal and private information of the defendant and third parties. This information includes personal identifying information (such as social security numbers, birth dates, and driver's license numbers) and private financial information (such as account numbers, locations, and transactional records). Pursuant to Federal Rule of Criminal Procedure 16, the parties agree that disclosure of these materials should be subject to the restrictions outlined in the proposed order attached to this Stipulation.
[PROPOSED] TECTIVE ORDER
Upon agreement of the parties, the Court finds that there is good cause to enter a protective order regarding the documents and materials that will be produced by the United States to the defense as discovery in this matter. Therefore, the Court hereby ORDERS:
1. Except when being actively examined for the purpose of the preparation of the defense of the defendant, the discovery materials containing personal identifying and private financial information of third parties produced by the government to defense counsel shall be maintained in a secure location accessible only to defense counsel, members of his or her law firm, and his or her investigator(s). That discovery includes but is not limited to addresses, telephone numbers, credit card numbers, and information related to credit card accounts and lines of credit. Defense counsel, members of his or her law firm, the defendant, and the investigator(s) shall not permit any person access of any kind to the documents or disclose in any manner the personal identifying and private financial information of third parties except as set forth below.
2. The following individuals may examine the documents and information related to the personal identifying and private financial information of third parties for the sole purpose of preparing the defense of the defendant and for no other purpose:
a. Counsel for defendant;
b. Members of the defendant's law office who are assisting with the preparation of the defense;
c. Defendant and third party witnesses, but only in the presence of defense counsel or another authorized person listed in this paragraph, except that the defendant may examine, outside the presence of counsel, a copy of such documents that is redacted to remove all personal identifying and private financial information of third parties; and
d. Investigators and experts retained by the defendant to assist in the defense of this matter.
3. Defense counsel acknowledge their responsibilities pursuant to Fed. R. Crim. P. 49.1 and will redact discovery containing personal identifying information before filing it with the Court or sharing it with third parties who are not signatories to this protective order.
4. Within fourteen court days of the conclusion of this matter, the defense shall return or destroy all materials provided to defense counsel pursuant to this Order, including all copies of the materials.
5. A copy of this order shall be maintained with the documents at all times.
6. All individuals other than the defendant, defense counsel, and members of defense counsel's law office who receive access to the materials pursuant to this Order, prior to receiving access to the materials, shall sign a copy of this Order acknowledging that:
a. they have reviewed the Order;
b. they understand its contents;
c. they agree that they will only access the documents and information for the purposes of preparing a defense in this matter;
d. they understand that failure to abide by this Order may result in sanctions by this Court.
7. No other person may be allowed to examine the material without further court order. Examination of the documents shall be done in a secure environment which will not expose the materials to other individuals not listed above.
IT IS SO ORDERED.
ACKNOWLEDGMENT OF PROTECTIVE ORDER
The undersigned acknowledges that he or she
i. reviewed the attached Protective Order;
ii. understands its contents;
iii. agrees not to disclose the private personal, financial or medical information of the defendant or any third party disclosed in the documents that are produced by the United States as discovery in the matter of United States v. Juan Dieago, CR 14-00613 JST;
iv. understands that failure to abide by this Order may result in sanctions by the United States District Court for the Northern District of California; and
v. agrees to submit to the jurisdiction of the District Court for the punishment of any violations of the Order.
