United States District Court, W.D. Washington, Seattle
PROTECTIVE ORDER (PROPOSED)
HONORABLE ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE
matter, having come to the Court's attention on the
United States' Motion for Protective Order, and the
Court, having considered the entirety of the record and being
fully advised in this matter, hereby finds, FOR THE REASONS
stated in the United States' Motion, there is a factual
basis to support the United States' concerns; and there
is good cause for the requested
ORDER in order to advance the goals of protecting civilian
witnesses from disclosure of personal information, and
avoiding the potential for harassment, tampering or
COURT THEREFORE grants the Motion and enters the following
Permissible Disclosure of Protected Material.
material that is described in the Motion is deemed
"Protected Material." The United States will make
available copies of the Protected Material to defense counsel
as necessary to comply with the government's discovery
obligations. Possession of the Protected Material is limited
to defense counsel, as well as his investigators, paralegals,
assistants, law clerks, and experts (hereinafter collectively
referred to as "members of the defense team").
of the defense team may not provide copies of the Protected
Material to any other persons, including the defendant
himself; provided, however, that members of the defense team
may play, display and orally discuss the contents of the
Protected Material with defendant or other witnesses as
necessary to prepare the defense. In addition, defense
counsel is required to provide a copy of this Protective
Order to members of the defense team, and obtain written
consent from members of the defense team of their
acknowledgment to be bound by the terms and conditions of
this Protective Order, prior to providing any Protected
Material to the members of the defense team.
written consent need not be disclosed or produced to the
United States unless requested by the Assistant United States
Attorney and ordered by the Court.
Dissemination of Protected Material Outside the United
defense counsel retains a member of the defense team who
lives or works outside the United States, to assist in
investigating this matter, defense counsel shall, prior to
providing the Protected Material to said individual: (1)
inform the government of the identity and employment of said
foreign member of the defense team; (2) inform the government
as to what Protected Material shall be provided to the
foreign member of the defense team; and (3) confirm that the
foreign member of the defense team has provided his or her
written consent to the terms of this order and that he or she
shall be subject to this Court's jurisdiction.
Disputes Over Scope of Protective Order.
after receiving the disclosure provided above, the government
nonetheless objects to the provision of the Protective
Material to the foreign member of the defense team, defense
counsel agrees to refrain from disseminating the Protective
Material to the foreign member of the defense team until the
parties can obtain further guidance from the Court.
if defense counsel believes the government has improperly
designated material as Protected, defense counsel may seek a
further order of this Court; provided, however, that defense
counsel shall again not ...