United States District Court, E.D. Washington
O. RICE, CHIEF UNITED STATES DISTRICT JUDGE
THE COURT is the United States' Motion for Protective
Order Regulating Disclosure of Discovery and Sensitive
Information (ECF No. 92). The Court finding good cause
therefore, IT IS HEREBY ORDERED:
United States' Motion for Protective Order Regulating
Disclosure of Discovery and Sensitive Information, ECF No.
92, is GRANTED.
order to fulfill its obligations, the United States may
disclose to defense counsel of record for each of the
Defendants the discovery and sensitive information (herein
“Discovery”) in its possession.
Neither Government personnel nor Defense Counsel shall
provide, or make available, the sensitive information in the
Discovery to any person, except as specified in this Order or
by approval from this Court. Defense Counsel and the
Government shall restrict access to the Discovery, and shall
only disclose the sensitive information in the Discovery to
their client, office staff, investigators, independent
paralegals, necessary third-party vendors, consultants,
and/or anticipated fact or expert witnesses to the extent
that Defense Counsel believes is necessary to assist in the
defense of their client in this matter or that the Government
believes is necessary in the investigation and prosecution of
this matter. No copies of the Discovery shall be left with
Third parties contracted by the United States or Defense
Counsel, to provide expert analysis or testimony may possess
and inspect the sensitive information in the Discovery, but
only as necessary to perform their case-related duties or
responsibilities in this matter. At all times, third parties
shall be subject to the terms of the Order.
Discovery in this matter will be available to defense counsel
via access to a case file on USA File Exchange. If necessary
to review Discovery with their respective clients, Defense
Counsel may download the Discovery and duplicate only once.
Discovery materials may not be left in the possession of the
above-named Defendants. In order to provide Discovery to a
necessary third-party vendor, consultant, and/or anticipated
fact or expert witness, Defense Counsel may duplicate the
Discovery only once. No other copies may be made, by Defense
Counsel, third parties or Defendants, without prior approval
from this Court.
counsel of record in this matter, including counsel for the
United States, shall ensure that any party, including
Defendants, who obtains access to the Discovery, is provided
a copy of this Order. No other party that obtains access to
or possession of the Discovery containing sensitive
information shall retain such access to or possession of the
Discovery containing sensitive information unless authorized
by this Order, nor further disseminate such Discovery except
as authorized by this Order or the further Order of this
Court. Any other party who obtains access to, or possession
of the Discovery, once the other party no longer requires
access to or possession of such Discovery, shall promptly
destroy or return the Discovery once access to Discovery is
no longer necessary. For purposes of this Order, “other
party” is any person other than counsel for the United
States or Defense Counsel of record.
counsel of record, including counsel for the United States,
shall keep a list of the identity of each person to whom the
Discovery containing sensitive information is disclosed and
who was advised of the requirements of this Order. Neither
Defense Counsel, nor counsel for the United States, shall be
required to disclose this list of persons unless ordered to
do so by the Court.
entry of a final order of the Court in this matter and
conclusion of any direct appeals, government personnel and
Defense Counsel shall retrieve and destroy all copies of the
Discovery containing sensitive information, except that
Counsel and government personnel may maintain copies in their
closed files following their customary archiving procedures.
Government personnel and Defense Counsel shall promptly
report to the Court any known violations of this Order.
This Protective Order applies to all the “sensitive
information” as described in the United States ...