United States District Court, E.D. Washington
ORDER GRANTING UNITED STATES' MOTION FOR A
ROSANNA MALOUF PETERSON UNITED STATES DISTRICT JUDGE
THE COURT is the United States' motion for a protective
order, ECF Nos. 106 (motion) and 108 (praecipe
correcting scrivener's error in motion). No responses
were received from Defendants pursuant to the expedited
hearing schedule set by the Court at ECF No. 112 (text-only).
The Court has reviewed the motion, the record, relevant law,
and is fully informed.
United States initiated this case in a 45-coimt Indictment
that names 10 Defendants and alleges, against some or all of
the Defendants, conspiracy to commit bank fraud, substantive
acts of bank fraud, and aggravated identify theft. ECF No. 1.
Not all Defendants have yet made their initial appearances.
SeeECF No. 102 (pretrial order as to seven
Defendants). The United States indicates an intention to
provide discovery to Defendants "on a rolling basis ...
as they enter the case, " following the Court's
ruling on the request for a protective order. ECF No. 108 at
United States represents that the forthcoming discovery
materials in this matter contain various types of sensitive
and personal identifying information regarding alleged
victims, third parties, and the Defendants themselves. ECF
No. 108 at 3. The United States further represents that
redacting the documents to be disclosed during discovery
would inhibit the ability of defense counsel to decipher
standard for entry of a protective order in a criminal
matter, generally, is good cause. See Fed. R. Crim.
P. 16(d)(1) (providing that a "court may, for good
cause, deny restrict, or defer discovery or inspection, or
grant other appropriate relief). The Court finds that the
potential injury from the dissemination of the sensitive
information at issue, combined with the benefit from avoiding
redaction of that information, constitutes good cause to
enter the proposed protective order in an expedited fashion.
However, any Defendant may move to modify the protective
order at a later date. See Fed. R. Crim. P. 16(d).
IT IS HEREBY ORDERED that:
1. The United States' Motion for a Protective Order,
ECF No. 106, is GRANTED
2. The United States is authorized to disclose, in an
unredacted format, the discovery and sensitive information
materials (hereinafter "Discovery") in its
possession in the above-captioned matter. The United States
is further authorized to produce Discovery pursuant to the
obligations imposed by this Court.
3. United States personnel and counsel for Defendants shall
not provide, or make available, the Discovery to any person
except as specified in this Order or by approval from this
Court. Accordingly, defense counsel and the United States
shall restrict access to the Discovery, and shall disclose
the Discovery only to Defendants, office staff,
investigators, independent paralegals, necessary third-party
vendors, consultants, and/or anticipated fact or expert
witnesses to the extent that defense counsel believes is
necessary to assist in the defense of a Defendant in this
matter or that the United States believes is necessary in the
investigation and prosecution of this matter.
4. Third parties contracted by the United States or defense
counsel to provide expert analysis or testimony may possess
and inspect the Discovery, but only as necessary to perform
their case-related duties or responsibilities in this matter.
At all times, third parties shall be subject to the terms of
5. Discovery in this matter will be made available to defense
counsel via access to a case file on USA File Exchange. If it
is necessary for Defendants to review discovery personally,
defense counsel may download the discovery and duplicate it
only once for that purpose. Discovery materials may not be
left in the possession of any Defendant at any time. In order
to provide Discovery to a necessary third-party vendor,
consultant, and/or anticipated fact or expert witness,
defense counsel may duplicate the Discovery, only once for
that purpose. No other copies shall be made by Defendants,
defense counsel, or any third parties related to, hired, or
otherwise employed on behalf of Defendants, without prior
approval from this Court.
6. To the extent that defense counsel makes any portion of
the Discovery available in paper format to anyone, including
Defendants, outside of defense counsel's office(s),
defense counsel shall ensure that any and all sensitive
information is redacted or removed. Such redaction/removal
shall include, but shall not be limited to, the following
information: (a) all Social Security, identification card,
driver's license, birth certificate, and taxpayer
identification numbers; (b) all business and employer names,
locations, addresses, as well as salary information; (c)
residential and business addresses; (d) all dates of birth,
organ donor information, telephone numbers, and email
addresses; (e) all lease, bill, or other payment amounts; and
(f) all information identifying the contents and routing and
account number(s) of any financial account, including bank,
trust, and retirement account(s). 7. For purposes of this
Order, "other party" is any person other than
counsel for the United States, defense counsel, or a
Defendant. Defense counsel of record shall ensure that any
defense-affiliated other party who obtains access to the
Discovery will be provided a copy of this Order. No other
party who obtains access to or possession of the Discovery
shall retain such access or possession unless authorized by
this Order, nor further disseminate the Discovery except as
authorized by this Order. Any other party who obtains access
to or possession of, the Discovery once the other party no
longer requires access to or possession of the Discovery
shall promptly destroy or return the Discovery once access to
Discovery is no longer necessary.
8. All counsel of record, including counsel for the United
States, shall keep a list to identify each person to whom the
Discovery is disclosed and who was advised of the
requirements of this Order. Neither defense counsel nor the
counsel for the United States shall be required to disclose
this list of persons unless ordered to do so by the Court.
9. Upon entry of a final order of the Court in this matter
and the conclusion of any direct appeals, the United States
and defense counsel shall retrieve and destroy all copies of
the Discovery, except that counsel and government personnel
may maintain ...