Opinion
CASE NO.: 1:11-cr-0 02 99-AWI
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. LEONEL MARTINEZ CABALLERO, VICENTA MUNOZ-PERALTA, aka "Norma," MARIANO VEGA HERNANDEZ, MARTIN MUNOZ PERALTA, ROMAN SANTANA, ANTONIO HERNANDEZ SANCHEZ, and EDGAR ALONSO BAUTISTA ARAZATE, Defendants.
BENJAMIN B. WAGNER United States Attorney HENRY Z. CARBAJAL III Assistant U.S. Attorney CRISTOBAL PEREZ Attorney for Defendant LEONEL MARTINEZ CABALLERO SALVATORE SCIANDRA Attorney for Defendant VICENTA MUNOZ-PERALTA KATHERINE L. HART Attorney for Defendant MARIANO VEGA HERNANDEZ DAVID A. TORRES Attorney for Defendant MARTIN MUNOZ PERALTA RUBEN A. VILLALOBOS Attorney for Defendant ROMAN SANTANA CAROL ANN MOSES Attorney for Defendant ANTONIO HERNANDEZ SANCHEZ STEVEN L. CRAWFORD Attorney for Defendant EDGAR ALONSO BAUTISTA ARAZATE
BENJAMIN B. WAGNER
United States Attorney
HENRY Z. CARBAJAL III
Assistant U.S. Attorney
Attorneys for the
United States of America
STIPULATION AND PROTECTIVE ORDER BETWEEN THE UNITED STATES AND DEFENDANTS
WHEREAS, the discovery in this case is voluminous and contains a large amount of personal and confidential information including but not limited to dates of birth, telephone numbers and residential addresses ("Protected Information"); and
WHEREAS, the parties desire to avoid both the necessity of large scale redactions and the unauthorized disclosure or dissemination of this information to anyone not a party to the court proceedings in this matter;
The parties agree that entry of a stipulated protective order is appropriate.
THEREFORE, Defendants, by and through their counsel of record ("Defense Counsel"), and the United States of America, by and through Assistant United States Attorney Henry Z. Carbajal III, hereby agree and stipulate as follows:
1. This Court may enter a protective order pursuant to Rule 16(d) of the Federal Rules of Criminal Procedure, and its general supervisory authority.
2. This Order pertains to all discovery provided to or made available to Defense Counsel as part of discovery in this case (hereafter, collectively known as "the discovery").
3. By signing this Stipulation and Protective Order, Defense Counsel agrees not to share any documents that contain Protected Information with anyone other than Defense Counsel attorneys, designated defense investigators, and support staff. Defense Counsel may permit the Defendant to view unredacted documents in the presence of his attorney, defense investigators, and support staff. The parties agree that Defense Counsel, defense investigators, and support staff shall not allow the Defendant to copy Protected Information contained in the discovery. The parties agree that Defense Counsel, defense investigators, and support staff may provide the Defendant with copies of documents from which Protected Information has been redacted.
4. The discovery and information therein may be used only in connection with the litigation of this case and for no other purpose. The discovery is now and will forever remain the property of the United States of America ("Government"). Defense Counsel will return the discovery to the Government or certify that it has been shredded at the conclusion of the case.
5. Defense Counsel will store the discovery in a secure place and will use reasonable care to ensure that it is not disclosed to third persons in violation of this agreement.
6. Defense Counsel shall be responsible for advising his Defendant, employees, and other members of the defense team, and defense witnesses of the contents of this Stipulation and Order.
7. In the event that Defendant substitutes counsel, undersigned Defense Counsel agrees to withhold discovery from new counsel unless and until substituted counsel agrees also to be bound by this Order.
IT IS SO STIPULATED.
BENJAMIN B. WAGNER
United States Attorney
By: HENRY Z. CARBAJAL III
Assistant U.S. Attorney
By: CRISTOBAL PEREZ
Attorney for Defendant
LEONEL MARTINEZ CABALLERO
By: SALVATORE SCIANDRA
Attorney for Defendant
VICENTA MUNOZ-PERALTA
By: KATHERINE L. HART
Attorney for Defendant
MARIANO VEGA HERNANDEZ
By: DAVID A. TORRES
Attorney for Defendant
MARTIN MUNOZ PERALTA
By: RUBEN A. VILLALOBOS
Attorney for Defendant
ROMAN SANTANA
By: CAROL ANN MOSES
Attorney for Defendant
ANTONIO HERNANDEZ SANCHEZ
By: STEVEN L. CRAWFORD
Attorney for Defendant
EDGAR ALONSO BAUTISTA ARAZATE
ORDER
IT IS SO ORDERED.
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CHIEF UNITED STATES DISTRICT JUDGE