Filed: Nov. 18, 2015
Latest Update: Nov. 18, 2015
Summary: STIPULATION AND [PROPOSED] PROTECTIVE ORDER CHARLES R. BREYER , District Judge . Pursuant to Federal Rule of Criminal Procedure 16(d), the United States and the defendants, through their undersigned counsel, hereby stipulate and agree that the Court should enter this proposed Protective Order requiring that certain documents and other materials produced by the government should be subject to the following restrictions: 1. The government may produce documents or other information labeled as
Summary: STIPULATION AND [PROPOSED] PROTECTIVE ORDER CHARLES R. BREYER , District Judge . Pursuant to Federal Rule of Criminal Procedure 16(d), the United States and the defendants, through their undersigned counsel, hereby stipulate and agree that the Court should enter this proposed Protective Order requiring that certain documents and other materials produced by the government should be subject to the following restrictions: 1. The government may produce documents or other information labeled as ..
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CHARLES R. BREYER, District Judge.
Pursuant to Federal Rule of Criminal Procedure 16(d), the United States and the defendants, through their undersigned counsel, hereby stipulate and agree that the Court should enter this proposed Protective Order requiring that certain documents and other materials produced by the government should be subject to the following restrictions:
1. The government may produce documents or other information labeled as "Protected Material." This may include information that has been designated by the Transportation Security Administration as Sensitive Security Information ("SSI"), which includes information obtained or developed in carrying out security activities as they relate to aircraft transportation. See generally 49 C.F.R. § 1520. The need to protect SSI stems primarily from the extent to which that information, if compromised, would reveal a systemic vulnerability of the aviation system or facilities.
2. The government will designate Protected Material with the Bates-stamp "PROTECTED XXXXXX." Any Protected Material so designated by the government will be subject to the terms of this Order. The parties will confer in good faith if there is a dispute regarding the basis of a document labeled as Protected Material
3. Neither the government nor the defendant shall publicly offer, file, or lodge any Protected Material unless such material (1) is offered, filed, or lodged under seal; (2) is offered, filed, or lodged with the concurrence of the party that originally produced it; or (3) is offered filed, or lodged pursuant to further Court order.
4. The following individuals may examine the Protected Material for the sole purpose of preparing the defense of defendant:
a) counsel for defendant;
b) members of defense counsel's law office or contracted individuals who are assisting with the preparation of defendant's defense;
c) defendant; and
d) investigators and/or experts retained by defendant to assist in the defense of this matter.
These individuals shall not share, duplicate, or give copies of the Protected Material to other persons.
5. Except when actively being examined, the Protected Material shall be maintained in a safe, and secure drawer, cabinet, or safe or secure electronic device (e.g., computer, memory stick), which is accessible only to individuals authorized to review the material as referenced in paragraph Defense counsel, members of his or her law firm, defendant, and the investigator(s) shall not permit any person access of any kind to the Protected Material except as set forth below. A copy of this Order shall be maintained with the Protected Material at all times.
6. The defense team shall return the Protected Material to the United States 30 days after any one of the following events, whichever is latest in time, occurs: (a) dismissal of all charges against the defendant; (b) defendant's acquittal after trial by court or jury; (c) if defendant is convicted, the expiration of the time period in which a direct appeal may be taken; or (d) if a direct appeal is taken, the date on which any such appeal is finally determined. This order shall apply after a conviction and during the pendency and resolution of any appeal, until such time as the materials are returned.
7. The United States will maintain a copy of the Protected Material in compliance with its normal document retention policies.
[PROPOSED] ORDER
PURSUANT TO THIS STIPULATION, IS IT SO ORDERED that disclosure of the above-described materials shall be restricted as set forth above.
