AMENDED STIPULATION AND [PROPOSED] ORDER RE: SUBPOENA FOR DOCUMENTS

EDMUND F. BRENNAN, Magistrate Judge.

The United States and the defendant, by and through their respective undersigned counsel, hereby stipulate and agree as follows:

1. On August 6, 2013, the defendant in the above-captioned sexual assault case filed a motion for issuance of a subpoena duces tecum directed to the Custodian of Records, Shasta County Superior Court. The subpoena would direct the Custodian to produce cell phone records of the victim that came into the court's possession in response to a subpoena issued in the state case involving the same defendant and conduct.

2. The parties agree that this court should issue the requested subpoena and direct that any documents responsive to the subpoena be delivered to this Court for in camera review to determine, in the first instance, whether the documents contain any relevant and admissible evidence.

3. The parties further agree that this Court need only produce the documents to the parties if it concludes that they contain relevant and admissible evidence and that, in that event, the Court should produce the documents to the parties subject to a protective order restricting dissemination of the documents to attorneys and necessary support staff.

4. The parties further agree that a determination by the Magistrate Judge that any documents should be disclosed to the parties, as described in Paragraph 3 above, is not to be considered a dispositive ruling on the relevance or admissibility of the documents or information contained therein in the trial of this case or in any other judicial proceeding. Any such ultimate question of relevance or admissibility would be reserved to the United States District Judge presiding over the trial in this matter.

[PROPOSED] ORDER RE: SUBPOENA FOR DOCUMENTS

This matter comes before the Court on a Stipulation and Proposed Order regarding the issuance of a subpoena directing the Custodian of Records, Shasta County Superior Court, to produce certain specified cell phone records of the victim in this sexual assault prosecution. Based on the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that

1. The requested subpoena shall issue and shall direct the Custodian of Records to send any documents in its possession that are responsive to the subpoena to this Court, rather than to the parties.

2. Upon receipt of the documents the Court will conduct an in camera review to determine whether they contain any relevant and potentially admissible evidence, will notify the parties of its findings by written order, and will produce any discoverable documents to the parties subject to a protective order restricting their use.

IT IS SO ORDERED.