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United States v. Haas, 19 CR 486. (2020)

Court: District Court, N.D. Illinois Number: infdco20200207b68 Visitors: 1
Filed: Feb. 06, 2020
Latest Update: Feb. 06, 2020
Summary: PROTECTIVE ORDER GOVERNING DISCOVERY EDMOND E. CHANG , District Judge . Upon the motion of the government, pursuant to Fed. R. Crim. P. 16(d) and 18 U.S.C. 3771(a)(1) and (8), it is hereby ORDERED: 1. All of the materials that have been and will be provided by the United States in preparation for, or in connection with, any stage of the proceedings in this case (collectively, "the materials") are subject to this protective order and may be used by defendant and defendant's standby counse
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PROTECTIVE ORDER GOVERNING DISCOVERY

Upon the motion of the government, pursuant to Fed. R. Crim. P. 16(d) and 18 U.S.C. § 3771(a)(1) and (8), it is hereby ORDERED:

1. All of the materials that have been and will be provided by the United States in preparation for, or in connection with, any stage of the proceedings in this case (collectively, "the materials") are subject to this protective order and may be used by defendant and defendant's standby counsel solely in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding, without further order of this Court.

2. Defendant and defendant's standby counsel shall not disclose the materials or their contents directly or indirectly to any person or entity other than persons employed to assist in the defense, persons who are interviewed as potential witnesses, counsel for potential witnesses, and other persons to whom the Court may authorize disclosure (collectively, "authorized persons"). Potential witnesses and their counsel may be shown copies of the materials as necessary to prepare the defense, but may not retain copies without prior permission of the Court.

3. Defendant, defendant's standby counsel, and authorized persons shall not copy or reproduce the materials except in order to provide copies of the materials for use in connection with this case by defendant, defendant's standby counsel, and authorized persons. Such copies and reproductions shall be treated in the same manner as the original materials.

4. Defendant, defendant's standby counsel, and authorized persons shall not disclose any notes or records of any kind that they make in relation to the contents of the materials, other than to authorized persons, and all such notes or records are to be treated in the same manner as the original materials.

5. Before providing materials to an authorized person, defendant or his standby counsel must provide the authorized person with a copy of this Order.

6. Upon conclusion of all stages of this case, all of the materials and all copies made thereof shall be disposed of in one of two ways, unless otherwise ordered by the Court. The materials may be (1) destroyed; or (2) returned to the United States. The Court may require a certification as to the disposition of any such materials.

7. To the extent any material is produced by the United States to defendant or defendant's standby counsel by mistake, the United States shall have the right to request the return of the material and shall do so in writing. Within ten days of the receipt of such a request (or, if that time period is not practicable, by any other deadline ordered by the Court), defendant and/or defendant's standby counsel shall return all hard copy material to the government at the United States Attorney's Office. With regard to electronic material, if defendant is in the custody of the Bureau of Prisons, the government shall retrieve the specified material from defendant. Standby defense counsel shall return any discs and certify in writing that all copies of the specified material have been deleted from any location in which the material was stored.

8. The restrictions set forth in this Order do not apply to documents that are or become part of the public court record, including documents that have been received in evidence at other trials, nor do the restrictions in this Order limit defendant or his standby defense counsel in the use of discovery materials in judicial proceedings in this case.

9. Nothing contained in this Order shall preclude any party from applying to this Court for further relief or for modification of any provision hereof.

Source:  Leagle

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