The opinion of the court was delivered by: Honorable Oliver W. Wanger United States District Judge
DONALD ROBERT KNIGHT, Pro Hac Vice Knight & Moses, LLC 7852 South Elati Street, Suite 201 Littleton, Colorado Telephone: 303/797-1645 Facsimile: 303/730-0858 E-mail: Don@knightandmoses.com JOSEPH L. GREEN, Pro Hac Vice The Law Firm of Joseph Green #1 McBride and Sons Center Drive,Suite 225A Chesterfield MO 63005 Telephone: 636/532-6600 Facsimile: 636/532-6602 E-mail: firstname.lastname@example.org DANIEL J. BRODERICK, SB #89424 Federal Defender TIVON SCHARDL, FL Bar #73016 Trial & Habeas Counsel 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: 916/498-6666 Facsimile: 916/498-6656 E-mail: Tim_Schardl@fd.org Attorneys for Defendant JOSEPH CABRERA SABLAN
ORDER REGARDING DISCOVERY MATTERS HEARD JUNE 8, 2011
This order resolves two motions brought by Defendant Joseph Sablan. In the first motion (Doc. 333), Mr. Sablan seeks modification of the protective order (Doc. 120). In the second motion (Doc. 388), Mr. Sablan seeks two things: (a) the production of documents Mr. Sablan did not receive when his attorneys scanned so-called "583 case files" at the United States Penitentiary at Atwater, see Orders filed Sept. 25 and Oct. 15, 2009 (Docs. 120 & 124); (b) documents related to the investigation of allegations made against Dennis Smith in Lucas, et al. v. Smith, et al., N.D. Cal. Case No. C96-2905-TEH.
The Government filed responses in opposition to each motion (Docs. 343 and 422), and Mr. Sablan filed replies thereto (Docs. 344, 377, and 423). On June 8, 2011, the Court heard oral argument during which the following resolutions were reached.
A. Modification of the Protective Order
The protective order entered on September 25, 2009, is hereby modified to provide the following:
1. The protective order is intended to prevent Defendants from having access to information that, if made available to inmates in the Bureau of Prisons or others, could compromise institutional security or reveal personal identifying information of BOP employees. The protective order is limited to "the BOP's concerns related to confidentiality and security" that were addressed during the hearing held September 8, 2009, Order (Doc. 120) at 2, which includes the following:
(a) information related to Security Threat Groups, Central Inmate Monitoring, and other information revealing the assignment or movement of inmates, and other inmate "separatee" information, see Tr. 9/8/09 Hr'g at 58-61, and;
(b) information revealing personnel matters such as salaries, performance evaluations and the like, ibid., and;
(c) any personal identifying information such as home addresses, telephone numbers, social security numbers, drivers license numbers, and the like. Ibid. These categories of information shall be referred to as "protected information." No protected information may be disclosed to a defendant except upon prior order made after notice and an opportunity for objection and in camera inspection.
2. When the Government believes documents responsive to a discovery request contain protected information, the protective order provides a mechanism for the Government to designate production as protected. Order (Doc. 120) at ¶¶ 1-2. The protective order is hereby modified to provide the following mechanism for challenging that designation:
(a) Defense counsel shall notify the Assistant United States Attorney in writing that they wish to disclose designated documents, or portions thereof, to a defendant. Defense counsel shall identify by Bates numbers the documents or portions thereof that they believe do not contain protected information. Where a document could be disclosed to a defendant if protected information is redacted, defense counsel's notice to the Government shall identify through the use of Bates numbers the specific information they intend to redact.
(b) The Government shall have fourteen (14) days in which to respond to defense counsel's notice. Where modification of the request would resolve concerns about the disclosure of protected information, the ...