Opinion
CASE NO. 2:11-CR-429 KJM
10-27-2011
UNITED STATES OF AMERICA, Plaintiff, v. JERRY EDWARD KUWATA, MICHAEL DENNIS MAUPIN, SCOTT HAMILTON DURHAM, CHRISTOPHER WARREN MACQUEEN, DOUGLAS ARTHUR JOHNSON, and ANTHONY VINCENT ZITO, Defendant.
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney By: KYLE REARDON MATTHEW MORRIS Assistant U.S. Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA KRESTA DALY Attorney for KUWATA DAVID W. DRATMAN Attorney for MAUPIN WILLIAM PORTANOVA Attorney for DURHAM MALCOLM SEGAL Attorney for MACQUEEN THOMAS JOHNSON Attorney for JOHNSON MARKS WERKSMAN Attorney for ZITO
BENJAMIN B. WAGNER
United States Attorney
KYLE REARDON
MATTHEW MORRIS
STIPULATION AND
PROPOSED PROTECTIVE ORDER FOR
PROTECTED INFORMATION PURSUANT TO FED. R. CRIM. P. 16
Plaintiff United States of America, by and through its attorneys of record, Assistant United States Attorney KYLE REARDON and MATTHEW MORRIS, and defendants JERRY EDWARD KUWATA, MICHAEL DENNIS MAUPIN, SCOTT HAMILTON DURHAM, CHRISTOPHER WARREN MACQUEEN, DOUGLAS ARTHUR JOHNSON, and ANTHONY VINCENT ZITO, both individually and by and through their counsels of record, hereby stipulate as follows:
1. The discovery in this case is voluminous, and portions of the discovery contain personal information including, but not limited to, residential addresses, social security numbers, telephone numbers, and email addresses (hereinafter "Protected Information").
2. In the absence of a protective order, numerous redactions would be necessary to avoid the unauthorized disclosure or dissemination of Protected Information to individuals not party to the court proceedings in this matter.
3. By this stipulation, the parties jointly request that the Court issue a protective order pursuant to Rule 16(d) of the Federal Rules of Criminal Procedure and its general supervisory authority.
4. The Protective Order applies to all discovery containing Protected Information. Discovery that does not contain Protected Information is not subject to the Protective Order.
5. Defense counsel shall not give documents that contain Protected Information (or copies of such documents) to any person other than the defendant, the defendant's spouse, counsel's staff, investigator(s), or retained expert(s). The terms "staff," "investigator," and "expert" shall not be construed to describe any defendant or other person not: (1) regularly employed by counsel, or (2) hired by counsel as an independent contractor to work exclusively on this case, (3) licensed as an investigator, or (4) retained as an expert. The defendant, the defendant's spouse, and defense counsel's staff, contractor(s), investigator(s), and expert(s) shall not give documents that contain Protected Information (or copies of such documents) to any person. Copies of documents in which Protected Information has been redacted may be given to outside parties.
6. Nothing in this stipulation will be construed to prevent defense counsel, counsel's staff, investigator(s), or expert(s) a reasonable opportunity to prepare.
IT IS SO STIPULATED.
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
By: KYLE REARDON
MATTHEW MORRIS
Assistant U.S. Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA
KRESTA DALY
Attorney for KUWATA
DAVID W. DRATMAN
Attorney for MAUPIN
WILLIAM PORTANOVA
Attorney for DURHAM
MALCOLM SEGAL
Attorney for MACQUEEN
THOMAS JOHNSON
Attorney for JOHNSON
MARKS WERKSMAN
Attorney for ZITO
ORDER
Approved and so ordered.
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE