United States District Court, W.D. Washington, Seattle
KATE VAUGHAN VINCENT T. LOMBARDI Assistant United States
S. Zilly United States District Judge.
matter comes before the Court on the Stipulated Motion,
docket no. 50, for a Protective Order regarding discovery
materials, as permitted by Fed. R. Crim. P. 16(d). Having
considered the record and files herein, the Court finds there
is good cause to grant the stipulated motion, and hence:
HEREBY ORDERED that the discovery materials discussed in the
Motion for the Protective Order and referred to therein as
“Protected Material, ” marked specially as
“Produced Subject to a Protective Order, ” may be
produced to counsel for the defendants in this case.
FURTHER ORDERED that possession of Protected Material is
limited to the attorneys of record in this case and their
staff, and to any investigators, expert witnesses, and other
agents the attorneys of record retain in connection with this
case. The attorneys of record, and their investigators,
expert witnesses, and other agents may review Protected
Material with the defendants. The defendants may inspect and
review Protected Material, but shall not be allowed to
possess, photograph, or record Protected Material or
otherwise retain Protected Material or copies thereof.
FURTHER ORDERED that defense counsel shall not provide
Protected Material or copies thereof to any other person
outside his or her law office, including the defendants or
their family or associates. Protected Material shall not be
sent to the Federal Detention Center. Defendants who are
residing at the Federal Detention Center (FDC) will be
permitted to review the Protected Material, consistent with
the regulations established by the BOP, with their respective
counsel in a controlled environment at the Federal Detention
Center (FDC), but will be prohibited from printing out,
copying, or disseminating the discovery.
HEREBY FURTHER ORDERED that the defendant, defense counsel,
and others to whom disclosure of the content of the Protected
Material may be necessary to assist with the preparation of
the defense, shall not disclose the Protected Material or its
contents, other than as necessary for the preparation of
defenses at trial and in subsequent appellate proceedings, if
necessary. Specifically, the attorneys of record and members
of the defense team acknowledge that providing copies of the
Protected Material to the Defendants and other persons is
prohibited, and agree not to duplicate or provide copies of
the Protected Material to the Defendants and other persons.
This order does not limit employees of the United States
Attorney's Office for the Western District of Washington
from disclosing the Protected Material to members of the
United States Attorney's Office, federal law enforcement
agencies, and to the Court and defense as necessary to comply
with the government's discovery obligations.
in this Protective Order prohibits defense counsel from
showing the Protected Material, or reviewing its contents,
with the defendant or with others to whom disclosure may be
necessary to assist with the preparation of the defense at
trial and in subsequent appellate proceedings, if necessary.
FURTHER ORDERED that if counsel for any party finds it
necessary to file any documents marked as Protected Material,
the material shall be filed under seal with the Court.
in this Order shall prevent any party from seeking
modification of this Protective Order or from objecting to
discovery that it believes to be otherwise improper. The
parties agree that in the event that compliance with this
Order makes it difficult for defense counsel to adhere to
their Sixth Amendment obligations, or otherwise imposes an
unworkable burden on counsel, defense counsel shall bring any
concerns about the terms of the Order to the attention of the
government. The parties shall then meet and confer with the
intention of finding a mutually acceptable solution. In the
event that the parties cannot reach such a solution, defense
counsel shall have the right to bring any concerns about the
scope or terms of the Order to the attention of the Court by
way of a motion.
in this order should be construed as imposing any discovery
obligations on the government that are different from those
imposed by case law and Rule 16 of the Federal Rules of
Criminal Procedure. The failure to designate any materials as
provided in paragraph 2 shall not constitute a waiver of a
party's assertion that the materials are covered by this
Protective Order does not constitute a ruling on the question
of whether any particular material is properly discoverable
or admissible and does not constitute any ruling on any
potential objection to the discoverability of any material.
FURTHER ORDERED that at the conclusion of the case, the
Protected Material shall be returned to the United States, or
destroyed, or otherwise stored in a manner to ensure that it
is not subsequently duplicated or disseminated in violation
of this Protective Order.
Clerk of the Court is directed to provide a filed copy of