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United States v. Thompson

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

December 6, 2019

UNITED STATES OF AMERICA, Plaintiff
v.
PAIGE A. THOMPSON, Defendant.

          Mohammad Ali Hamoudi Christopher Sanders Nancy Tenney Assistant Federal Public Defenders

          Brian Klein Baker Marquart LLP Attorneys for Paige Thompson

          PROTECTIVE ORDER

          HONORABLE ROBERT S. LASNIK JUDGE

         This matter, having come before the Court on a Stipulated Motion for Entry of a Protective Order, the Court hereby enters the following order:

         PROTECTIVE ORDER

         1. Pursuant to Federal Rule of Criminal Procedure 16(d)(1), this Protective Order governs all material in any format (written or electronic) that is produced by various Capital One entities (collectively, “Capital One”) in the above captioned case.

         2. The “Defense Team” shall be limited to attorneys of record for the defendant and any of the following people working on this matter under the supervision of the attorneys of record: attorneys, investigators, paralegals, law clerks, testifying and consulting computer forensic experts, legal assistants, and administrative staff and contractors. For purposes of this Order, the “Defense Team” does not include Defendant. Defendant's attorneys shall inform any member of the Defense Team to whom disclosure of discovery material is made of the existence and terms of this Protective Order. Members of the Defense Team shall not provide copies of any material produced by Capital One to any persons outside of the Defense Team other than the Defendant.

         3. Any material produced by Capital One shall only be used for the purpose of investigating and preparing a defense to the charges in this action, and not for any literary, commercial, or other purpose. Members of the Defense Team may review discovery material with witnesses for purposes of hearing or trial preparation. The Defense Team is aware that some of the discovery material may contain malware and other pernicious files.

         4. The material produced may contain (1) personally identifiable information (PII); (2) “electronic contraband” and (3) “confidential material.”

         (a) PII includes, but is not limited to, information such as such as payment card numbers, cell phone IMEI numbers, Social Security numbers, driver's license numbers, dates of birth, addresses, email addresses, mothers' maiden names, passwords, financial lines of credit numbers, bank account numbers, and personal identification numbers.

         (b) “Electronic contraband” shall mean malware and surveillance files generated by the malware, account numbers and passwords, vulnerabilities, internal network information, and non-public IP addresses of servers which contain, or which there is a reasonable basis to believe contain, any of the information, files or data described above.

         (c) “Confidential material” shall mean materials that Capital One believes are confidential, proprietary, a trade secret or present a security risk if the information was used for purposes other than this case, or if such designation is otherwise necessary to protect the interests of third parties or is otherwise subject to an obligation by contract or law to be maintained as confidential.

         5. Redacting the material produced by Capital One to delete the above material would be technically difficult and extremely time-consuming and would substantially delay the disclosure to the defendant.

         6. Material produced by Capital One that it designates as “Protected Material” may only be possessed by the Defense Team. The “Protected Material” designation shall only be used to limit the distribution of discovery containing PII, electronic contraband, or confidential material. The Defense Team may not provide copies of Protected Material to any other person, including Defendant. This order, however, does ...


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