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United States v. Rojo

United States District Court, Eastern District of California
Jun 10, 2022
1:21-CR-00027-JLT-SKO (E.D. Cal. Jun. 10, 2022)

Opinion

1:21-CR-00027-JLT-SKO

06-10-2022

UNITED STATES OF AMERICA, Plaintiff, v. LUIS NOE HERNANDEZ ROJO, et al Defendants.

PHILLIP A. TALBERT UNITED STATES ATTORNEY JESSICA A. MASSEY ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR PLAINTIFF UNITED STATES OF AMERICA


PHILLIP A. TALBERT UNITED STATES ATTORNEY

JESSICA A. MASSEY ASSISTANT UNITED STATES ATTORNEY

ATTORNEYS FOR PLAINTIFF

UNITED STATES OF AMERICA

ORDER REGARDING

GOVERNMENT'S DISCLOSURE OF SENSITIVE

MATERIALS AND PERSONAL

IDENTIFICATION INFORMATION

The Court has received and considered the jointly-filed Stipulation Regarding Disclosure of Sensitive Materials and Personal Identifying Information between Plaintiff United States of America, by and through its counsel of record, the United States Attorney for the Eastern District of California, defendant LUIS NOE HERNANDEZ ROJO, by and through his counsel of record, Joseph Benincasa.

Good cause showing, IT IS HEREBY ORDERED THAT:

1. The government will identify the discovery materials in this case the disclosure of which could jeopardize the safety of witnesses or other persons or affect the confidentiality of ongoing investigations (the “Sensitive Materials”).

2. The government will mark all Sensitive Materials with the following stamp or inscription: “PROTECTIVE ORDER.”

3. If the government distributes any document, compact disk, or other material bearing the above label:

a. Defense counsel shall not distribute Sensitive Materials to anyone other than his own legal staff (including paralegal assistants, legal secretaries, defense investigators, and lawyerassociates);
b. Defense counsel shall not allow anyone other than himself and his legal staff to possess, or maintain possession of, any Sensitive Materials;
c. Defense counsel or his legal staff may show defendant Sensitive Materials, but may not allow defendant to possess Sensitive Materials other than in the presence of defense counsel or his legal staff;
d. Defendant shall not distribute the Sensitive Materials to anyone;
e. Defense counsel and defendant may not disclose the contents of any Sensitive Materials publicly, including in any court filing, without first meeting and conferring with government counsel, and, in any event, shall file any Sensitive Materials under seal.

4. The parties must confer before filing any motions regarding the government's disclosure (or lack of disclosure) of Sensitive Materials.

5. The evidence in this matter also includes personal identification information for others, including but not limited to names, addresses, dates of birth, social security numbers and bank account numbers (collectively “personal information”).

6. This personal information is found throughout the discovery in this case, which includes, among other records, reports and other data from businesses and law enforcement agencies.

7. IT IS FURTHER ORDERED THAT:

a. Only defense counsel, defense counsel's agents, and the defendant may review the unredacted personal information contained in the discovery. Defense counsel, defense counsel's agents and defendant may only use the unredacted personal information or any portion thereof for the specific purpose of preparing or presenting a defense in this matter and for no other purpose.

8. Only defense counsel and defense counsel's agents may make copies of any discovery containing unredacted personal information; they may show such information to the defendant, but may not provide any such copies to the defendant or any third party.

9. At the conclusion of this matter, defense counsel will collect and destroy any and all copies of documents and portions thereof containing the personal information that defense counsel possesses and/or has made and distributed to their agents and/or defendant, except a copy set as necessary to maintain in defense counsel's case file.

10. This Order shall apply to unredacted personal information contained in all discovery produced in this case, including any discovery produced after entry of this Order.

IT IS SO ORDERED.


Summaries of

United States v. Rojo

United States District Court, Eastern District of California
Jun 10, 2022
1:21-CR-00027-JLT-SKO (E.D. Cal. Jun. 10, 2022)
Case details for

United States v. Rojo

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. LUIS NOE HERNANDEZ ROJO, et al…

Court:United States District Court, Eastern District of California

Date published: Jun 10, 2022

Citations

1:21-CR-00027-JLT-SKO (E.D. Cal. Jun. 10, 2022)