The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
STIPULATION AND PROTECTIVE
ORDER BETWEEN THE
WHEREAS, certain audiovisual discovery to be disclosed by the government to the defense in this case contains non-party biographical information, such as, dates of birth, telephone numbers and residential addresses, as well as other forms of personal identification ("Protected Information"), which the government is unable to redact at this time due to technical audiovisual issues; and
WHEREAS, the parties desire to avoid a delay in the disclosure of this discovery 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, defendant Epifanio Padilla-Garcia, by and through his counsel of record Eric Kersten and the Office of the Federal Defender ("Defense Counsel"), and plaintiff United States of America, by and through its counsel of record, hereby agree and stipulate as follows:
1. This Court may enter protective orders pursuant to Rule 16(d) of the Federal Rules of Criminal Procedure, and its general supervisory authority.
2. This Order pertains to all audiovisual discovery provided to or made available to Defense Counsel after today's date by the United States in this case (hereafter, collectively known as "the audiovisual discovery").
3. By signing this Stipulation and Protective Order, Defense Counsel agrees not to share any audiovisual discovery that contains Protected Information with anyone other than Defense Counsel and designated defense investigators and support staff. Defense Counsel may permit the defendant to view unredacted audiovisual discovery in the presence of her attorney, defense investigators and support staff. The parties agree that Defense Counsel, defense investigators and support staff shall not allow the defendant to copy or record Protected Information contained in the audiovisual discovery.
4. The audiovisual 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 Government. At the conclusion of the case, Defense Counsel will return the audiovisual discovery to the Government or will certify that it has been destroyed.
5. Defense Counsel will store the audiovisual 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 the defendant, employees, and other members of the defense team, and defense witnesses of the contents of this Stipulation/Order.
7. In the event that the defendant substitutes counsel, undersigned Defense Counsel agrees to withhold the audiovisual discovery from new counsel unless and until substituted counsel agrees also to be bound by this Order.
Dated: February 10, 2011 BENJAMIN B. WAGNER United States Attorney By:IAN L. GARRIQUES Assistant U.S. Attorney Dated: February 10, 2011 ...