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United States v. Fanyo-Patchou

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

September 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MARIE CHRISTINE FANYO-PATCHOU, et al., Defendants.

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on the parties' stipulated protective order (Dkt. No. 46). The Court ENTERS the following protective order:

         1. PROTECTED MATERIAL

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

         The following documents and materials are deemed “Protected Material”: (1) Grand Jury transcripts and exhibits; (2) victim and witness statements, including but not limited to reports of law enforcement officers memorializing victim and witness statements, and written and recorded statements by the victim and witnesses; (3) personal and other information, including medical records, protection order applications, immigration records, and criminal records relating to or concerning the victim and witnesses; (4) documents, reports, or writings containing personal information about or related to the victim and witnesses provided by the Government.

         As used in this order, the term “personal information” refers to each victim and witness's full name, date of birth, Social Security number (or other identification information), driver's license number, immigration alien number, residence address, telephone number, location of residence, name of employer or employment, school records, criminal records, and other confidential information.

         2. SCOPE OF REVIEW OF PROTECTED MATERIAL

         Defense attorneys of record and members of the defense team may display and review the Protected Material with Defendants. The attorneys of record and members of the defense team acknowledge that providing copies of the Protected Material to Defendants and other persons is prohibited, and agree not to duplicate or provide copies of the Protected Material to Defendants and other persons.

         For an in-custody Defendant, notwithstanding the terms of this order, defense counsel may provide a completed copy of the Federal Detention Center's Electronic Discovery and Legal Material Authorization Form and electronic copies of any Protected Material to the Education Department in the Federal Detention Center (“FDC”) at SeaTac, Washington. Defendants may review the electronic copies of Protected Material in the FDC Education Department pursuant to Bureau of Prisons and FDC SeaTac's policies and procedures, but will not be permitted to have a copy of the Protected Material in their cells.

         The United States Attorney's Office for the Western District of Washington is similarly allowed to display and review the Protected Material to 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 prosecution and defense teams shall maintain 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 by the parties unless ordered by the Court.

         4. PARTIES' RECIPROCAL DISCOVERY OBLIGATIONS

         Nothing in this order should be construed as imposing any discovery obligations on the Government or Defendants that are different from those imposed by case law, the Federal Rules of Criminal ...


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