United States District Court, N.D. Illinois, Western Division
J. Tharp, Jr. Judge.
PROTECTIVE ORDER GOVERNING DISCOVERY
D. JOHNSTON, U.S. MAGISTRATE JUDGE.
the unopposed motion of the government, pursuant to Fed. R.
Crim. P. 16(d) and 18 U.S.C. § 3771(a)(1) and (8), it is
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 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 of this Court.
Defendant and defendant's counsel 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, 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.
Certain materials disclosed or to be disclosed by the
government contain particularly sensitive information,
including medical information, mental health information,
financial information, and information concerning the sexual
abuse of one or more persons other than the defendant. 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 defendant, counsel for defendant, persons
employed to assist the defense, or the person to whom the
sensitive information solely and directly pertains, without
prior notice to the government and 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 if the defendant chooses to include in a public
document sensitive information relating solely and directly
to the defendant.
Defendant, defendant's counsel, and authorized persons
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 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 government upon request.
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.
Certain copies produced by the government may be marked
“attorney's eyes only” to the extent that
they implicate the victim's privacy interests or witness
safety and security. These documents may be reviewed by
counsel for defendant, but not by defendant himself.
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 sensitive information as described in Paragraph 3,
above, shall be filed under seal to the extent necessary to
protect such information, absent prior permission from this
Nothing contained in this Order shall preclude any party from
applying to this Court for further relief or for ...