United States District Court, N.D. Illinois, Eastern Division
PROTECTIVE ORDER GOVERNING DISCOVERY
M. DURKIN DISTRICT JUDGE
the motion of the government, pursuant to Fed. R. Crim. P.
16(d) and 18 U.S.C. § 3771(a)(1) and (8), it is hereby
of the materials provided by the United States in preparation
for, or in connection with, any stage of the proceedings in
this case (collectively, "the materials") are
subject to this protective order and may be used by
defendants and defendants' counsel (defined as counsel of
record in this case) solely in connection with the defense of
this case, and for no other purpose, and in connection with
no other proceeding, without further order of this Court.
Defendants and defendants' counsel shall not disclose the
materials or their contents, directly or indirectly, or in
any form, including verbal, to any person or entity other
than persons employed to assist in the defense, persons who
are interviewed as potential witnesses, counsel for potential
witnesses, and other persons to whom the Court may authorize
disclosure (collectively, "authorized persons").
Potential witnesses and their counsel may be shown copies of
the materials as necessary to prepare the defense, but may
not retain copies without prior permission of the Court.
Defendants' counsel may copy or otherwise reproduce the
materials for defense files and for use by persons employed
to assist in the defense.
copy of discovery materials shall be provide on CD-ROM or DVD
to each pretrial detention facility in which any of the
defendants are housed. Such discs shall be in read-only
format, meaning that paper or electronic copies cannot be
made from them. In addition, only the defendants'
themselves shall be authorized to view the discs. The
approval of the Court shall be obtained before redactions may
be made to the materials on such discs.
Defendants, defendants' counsel, and authorized persons
shall not disclose any notes or records of any kind that they
make in relation to the contents of the materials, other than
to authorized persons, and all such notes or records are to
be treated in the same manner as the original materials.
Before providing materials to an authorized person, defense
counsel must provide the authorized person with a copy of
this Order and require the authorized person to sign a
statement acknowledging that the authorized person has
received a copy of and reviewed this Order, and has agreed to
be bound by its terms and conditions subject to sanctioning
by the Court for any violations of this Order. Defense
counsel shall maintain a copy of the signed statement of each
authorized person for a period of twelve months after the
conclusion of all stages of this case, and shall provide
copies of the signed statement of each authorized person to
the Court upon request.
Certain materials disclosed or to be disclosed by the
government contain particularly sensitive information,
including personal identifying information of one or more
persons other than the defendant to whom the information is
disclosed. These materials shall be plainly marked as
sensitive by the government prior to disclosure. No such
materials, or the information contained therein, may be
disclosed to any persons other than defendants, counsel for
defendants, persons employed to assist the defense, or the
person to whom the sensitive information solely and directly
pertains, without prior authorization from the Court. Absent
prior permission from the Court, information marked as
sensitive shall not be included in any public filing with the
Court, and instead shall be submitted under seal (except in
the case of a defendant who chooses to include in a public
document sensitive information relating solely and directly
to the defendant making the filing).
conclusion of all stages of this case, all of the materials
shall be disposed of in one of three ways, unless otherwise
ordered by the Court. The materials may be (1) destroyed; (2)
returned to the United States; or (3) retained in defense
counsel's case file. The Court may require a
certification as to the disposition of any such materials. In
the event that the materials are retained by defense counsel,
the restrictions of this Order continue in effect for as long
as the materials are so maintained, and the materials may not
be disseminated or used in connection with any other matter
without further order of the Court.
the extent any material is produced by the United States to
defendants' counsel by mistake, the United States shall
have the right to request the return of the material and
shall do so in writing. Within five days of the receipt of
such a request, defendants' counsel shall return all such
material if in hard copy, and in the case of electronic
materials, shall certify in writing that all copies of the
specified material have been deleted from any location in
which the material was stored.
restrictions set forth in this Order do not apply to
documents that are or become part of the public court record,
including documents that have been received in evidence at
other trials, nor do the restrictions in this Order limit
defense counsel in the use of discovery materials in judicial
proceedings in this case, except that any document filed by
any party which attaches or otherwise discloses specially
identified as sensitive documents as described in Paragraph
6, above, shall be filed under seal to the extent necessary
to protect such information, absent prior permission from
Nothing contained in this Order shall preclude any party from
applying to this Court for further relief or for ...