United States District Court, W.D. Washington, Seattle
C. COUGHENOUR UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the parties' stipulated
protective order (Dkt. No. 46). The Court ENTERS the
following protective order:
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”).
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.
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.
SCOPE OF REVIEW OF PROTECTED MATERIAL
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.
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.
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.
CONSENT TO TERMS OF PROTECTIVE ORDER
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.
PARTIES' RECIPROCAL DISCOVERY OBLIGATIONS
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 ...