STIPULATION AND [PROPOSED] ORDER BETWEEN UNITED STATES AND DEFENDANTS
WHEREAS, the parties desire to prevent the unauthorized disclosure or dissemination of certain confidential but unclassified materials to anyone not a party to the court proceedings in this matter; and
WHEREAS, the parties agree that entry of a stipulated protective order is appropriate;
Defendants Moctezuma Tovar, Manuel Herrera, Ruben Rodriguez, Jamie Mayorga, Sandra Hermosillo, Jun Michael Dirain, and Christian Parada Renteria, and Plaintiff, the United States of America, by and through their 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 discovery provided to or made available to defense counsel as part of the discovery in this case (hereafter, collectively known as "the discovery").
3. Defense counsel shall not disclose any of the discovery to any person other their respective defendant/client, attorneys, law clerks, paralegals, secretaries, experts, or investigators involved in the representation of his/her defendant/client.
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 Government. Defense counsel shall return the discovery to the Government or certify that it has been shredded at the conclusion of the case.
5. Defense counsel shall store the discovery in a secure place and shall use reasonable care to ensure that it is not disclosed to unauthorized third persons in violation of this agreement.
6. If defense counsel releases custody of any of the discovery, or authorized copies thereof, to any person described in paragraph 3, defense counsel shall provide such recipients with copies of this Stipulation and Order and advise that person that the discovery is the property of the United States Government, that the discovery and information therein may be used only in connection with the litigation of this case and for no other purpose, and that an unauthorized use of the discovery may constitute a violation of law and contempt of court.
7. Defense counsel shall be responsible for advising his or her respective defendant/client, employees, other members of the defense team, and defense witnesses of the contents of this Stipulation and Order.
BENJAMIN B. WAGNER United States Attorney DATE: August 3, 2011 By: DOMINIQUE N. THOMAS Assistant U.S. Attorney DATE: August 3, 2011 By: THOMAS A. JOHNSON Attorney for Defendant Tovar DATE: August 3, 2011 By: JOHN R. MANNING Attorney for Defendant Herrera DATE: August 1, 2011 By: BRUCE LOCKE Attorney for Defendant Rodriguez DATE: August 3, 2011 By: RON PETERS Attorney for Defendant Mayorga DATE: August 3, 2011 By: ERIN JOLENE RADEKIN Attorney for Defendant Hermosillo DATE: August 3, 2011 By: MATTHEW MCCRARY SCOBLE Attorney for Defendant Dirain DATE: August 2, 2011 By: CHRIS COSCA Attorney for Defendant Parada