United States District Court, N.D. Illinois, Eastern Division
PROTECTIVE ORDER GOVERNING DISCOVERY
L. ALONSO UNITED STATES DISTRICT JUDGE
the motion of the government, pursuant to Federal Rule of
Criminal Procedure 16(d), it is hereby ORDERED:
Certain materials exchanged by the Parties, provided by the
United States, or produced by third parties, in preparation
for, or in connection with the proceedings in this case
contain particularly sensitive information (“Sensitive
Information”). Sensitive Information includes, but is
not limited to: (1) nonparty names, addresses, dates of
birth, driver's license numbers, social security numbers,
and other identifying information; (2) statements by, and
reports from interviews of, individuals who have been or are
cooperating with the government's investigation; and (3)
any information that might disclose the identity of a
materials containing Sensitive Information (the
“Materials”), including those previously produced
to the defendant in this case, are subject to this protective
order and may be used by defendant and defendant's
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 this Court.
Materials shall be plainly marked as sensitive by the
government prior to disclosure. Defendant, defendant's
counsel, and the government shall not disclose the Materials
or their contents directly or indirectly 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, the person to whom the sensitive
information solely and directly pertains, and other persons
to whom the Court may authorize disclosure (collectively
referred to as “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.
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 if
the defendant chooses to include in a public document
sensitive information relating solely and directly to the
Defendant, defendant's counsel, and other persons to whom
the Court may authorize disclosure, shall not copy or
reproduce the Materials except in order to provide copies of
the materials for use in connection with this case by
defendant, defendant's counsel, and authorized persons.
Such copies and reproductions shall be treated in the same
manner as the original materials.
Defendant, defendant's 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 the Materials to an authorized person,
defense counsel must provide the authorized person with a
copy of this Protective Order.
conclusion of all stages of this case, all of the Materials
and all copies made thereof 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 extent any Material is produced by the United States to
defendant or defendant's 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, defendant and/or defendant's
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 Protective 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 trial or in any other court proceeding.
restrictions set forth in this Protective Order also do not
limit the government's or defense counsel's 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 sensitive
information as described in Paragraph 4, above, shall be
filed under seal to the extent necessary to protect such
information, absent prior permission from this Court.
Nothing contained in this Protective Order shall preclude any
party from applying to this Court for further relief or ...