Filed: Jul. 26, 2016
Latest Update: Jul. 26, 2016
Summary: STIPULATED PROTECTIVE ORDER EDWARD M. CHEN , District Judge . With the agreement of the United States, through the undersigned Assistant United States Attorneys, and the Defendants in these consolidated criminal cases, through undersigned attorneys representing the Defendants ("Defense Counsel"), the Court enters the following Protective Order: These consolidated cases involve 12 defendants who were charged in 11 cases currently pending in this district. Each of the defendants was charged
Summary: STIPULATED PROTECTIVE ORDER EDWARD M. CHEN , District Judge . With the agreement of the United States, through the undersigned Assistant United States Attorneys, and the Defendants in these consolidated criminal cases, through undersigned attorneys representing the Defendants ("Defense Counsel"), the Court enters the following Protective Order: These consolidated cases involve 12 defendants who were charged in 11 cases currently pending in this district. Each of the defendants was charged w..
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STIPULATED PROTECTIVE ORDER
EDWARD M. CHEN, District Judge.
With the agreement of the United States, through the undersigned Assistant United States Attorneys, and the Defendants in these consolidated criminal cases, through undersigned attorneys representing the Defendants ("Defense Counsel"), the Court enters the following Protective Order:
These consolidated cases involve 12 defendants who were charged in 11 cases currently pending in this district. Each of the defendants was charged with violations of 18 U.S.C. § 860, distribution of narcotics within 1000 feet of a school, playground, or university. The cases were consolidated by Order of this Court dated September 24, 2015. On June 30, 2016, the Court granted in part, and denied in part, the Defendants' motion for discovery on the basis of selective enforcement and selective prosecution.
Pursuant to that Order, the parties anticipate that the government will produce documents and information to Defense Counsel in this case, and that third parties will produce documents and information to Defense Counsel pursuant to subpoenas issued under Rule 17 of the Rules of Criminal Procedure. The documents and information that may be produced may include information falling into one or more of the following categories (collectively, "Protected Information"):
1. Personal Identifying Information of any individual (other than his or her name), including date of birth, social security number, residence or business address, telephone numbers, email addresses, driver's license number, professional license number, family members, or criminal histories;
2. Information regarding the law enforcement contacts, investigations, arrests, criminal histories, and prosecutions involving any individuals other than the Defendants in this consolidated criminal case;
3. Law enforcement investigations that do not relate directly to the Defendants in this consolidated criminal case;
4. Law enforcement documents and communications that are not otherwise subject to Rule 16 discovery in a criminal case and may involve general policies, procedures, operational decisions, and related information; and/or
5. Criminal histories or rap sheets of any person, including the Defendants in this consolidated criminal case, when being obtained by anyone other than the person or their attorney for use in a criminal case.
IT IS HEREBY ORDERED, in order to ensure that Protected Information is not subject to unauthorized disclosure or misuse, that any materials containing Protected Information shall be used solely for the purpose of preparing the defense in these cases and for no other purpose. The following individuals (the "defense team"), may have access and review documents and material containing Protected Information:
a. Defense Counsel for any defendant in these consolidated cases;
b. The Defendants;
c. Persons employed by Defense Counsel assisting with the preparation of the defense;
d. Any expert retained by Defense Counsel to assist in the defense of this matter;
e. Any investigator retained by Defense Counsel to assist in the defense of this matter.
The government and defense counsel are ordered to work together to ensure that materials containing Protected Information are protected from disclosure and misuse, but that defendant has as much access to the materials as can be provided consistent with this Court's order. The Defendants, all members of the defense team, and any experts who receive materials in these consolidated cases shall be provided a copy of this Order along with those materials. This Order shall also apply to any copies made of any materials covered by this Order.
IT IS FURTHER ORDERED that neither a defendant nor any member of the defense team shall provide any discovery material produced by the government—whether or not the material constitutes or contains Protected Information within the meaning of this Order—to any third party (i.e., any person who is not a member of the defense team) or make any public disclosure of any material containing Protected Information, other than in a court filing, without the government's express written permission or further order of this Court. If a party files a pleading that references or contains or attaches Protected Information subject to this Order, that filing must be under seal.1
IT IS FURTHER ORDERED that defense counsel shall return materials subject to this Protective Order (including any copies) to the United States within 21 days after the latest of the following: dismissal of all charges against the Defendants; the sentencing of all Defendants; or the conclusion of any direct appeals regarding the Defendants.
After the United States receives documents and materials subject to this Order, it shall maintain those documents and materials until the period for filing a motion under 28 U.S.C. § 2255 has expired. After the statutory period for filing a motion under 28 U.S.C. § 2255 has expired, the United States is free to destroy documents and materials subject to this Order.
This stipulation is without prejudice to any party applying to the Court to modify the terms of this protective order. This Court shall retain jurisdiction to modify this Order upon motion of any party even after the conclusion of district court proceedings in this case.
IT IS SO STIPULATED.
