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States v. Hall

United States District Court, W.D. Washington, Seattle

March 1, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
NATHAN HALL, Defendant.

          PROTECTIVE ORDER (PROPOSED)

          THE HONORABLE ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         This 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

         PROTECTIVE ORDER in order to advance the goals of protecting civilian witnesses from disclosure of personal information, and avoiding the potential for harassment, tampering or retaliation.

         THE COURT THEREFORE grants the Motion and enters the following PROTECTIVE ORDER:

         1. Permissible Disclosure of Protected Material.

         The 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").

         Members 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.

         The 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.

         2. Dissemination of Protected Material Outside the United States

         If 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.

         3. Disputes Over Scope of Protective Order.

         If, 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.

         Similarly, 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 ...


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