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United States v. Urias-Gomez

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

June 20, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
URIEL URIAS-GOMEZ, Defendant.

          LYNDSIE R. SCHMALZ Assistant United States Attorney

          PROTECTIVE ORDER

          The Honorable James L. Robart U.S District Court Judge

         Upon the unopposed motion of the United States, and the Court being advised as to the nature of this case, hereby finds, FOR THE REASONS stated in the United States' motion, there is a basis to support the United States' concerns, and there is good cause for the requested Discovery Protective Order in order to advance the goals of protecting a confidential source and undercover officers from disclosure of personal information, protecting ongoing investigations, and avoiding the potential for harassment, tampering, or retaliation.

         The Court therefore grants the motion and enters the following Protective Order, pursuant to Rule 16(d)(1), Federal Rules of Criminal Procedure:

         1. Protected Material

         The United States will make available copies of Protected Materials, including those filed under seal, to defense counsel to comply with the government's discovery obligations. Possession of copies of the Protected Materials is limited to the defense attorneys of record, and investigators, paralegals, law clerks, experts and assistants for the defense attorneys of record (hereinafter collectively referred to as members of the defense team). Protected Materials will be marked and labeled as “Protected Material, ” including:

a. Audio, video, photographic, and written recordings of the confidential source (“CS”) and undercover officers (“UCs”) used by law enforcement in investigating this case;
b. Personal information related to the CS and UCs, including any documents provided by the government containing personal information about or related to the CS or UCs.

         As used in this Order, the term “personal information” includes a person's full name, picture or likeness, voice recording, date of birth, Social Security number (or other identification information), driver's license number, address, telephone number, location of residence or employment, school records, juvenile criminal records, and other confidential information.

         2. Scope of Review of Protected Material

         The attorneys of record and members of the defense team may display and review the Protected Material with Defendant. The attorneys of record and members of the defense team agree that providing copies of the Protected Material to Defendant and other persons is prohibited and they will not duplicate or provide copies of Protected Material to Defendant and other persons, absent the government's express written permission.

         The United States Attorney's Office for the Western District of Washington is similarly allowed to display and review the Protected Material with lay witnesses, but is otherwise prohibited from providing copies of the Protected Material to lay witnesses, i.e. non-law enforcement witnesses.

         3. Consent to Terms of Protective Order

         Members of the defense team shall provide written consent and acknowledgement that they will each be bound by the terms and conditions of this Protective Order. The written consent need not be disclosed or produced to the United States unless ...


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