BENJAMIN B. WAGNER, United States Attorney, NIRAV K. DESAI, Assistant U.S. Attorney, Attorney for Plaintiff. United States of America
HEATHER E. WILLIAMS, FEDERAL DEFENDER, TIMOTHY ZINDEL, ESQ., Assistant Federal Defender, Counsel for WILLIAM THEODORE LEWIS.
STIPULATION AND PROTECTIVE ORDER
KIMBERLY J. MUELLER, District Judge.
WHEREAS, the parties desire to prevent the unauthorized disclosure or dissemination of certain sensitive but unclassified discovery materials to anyone not a party to the court proceedings in this matter, or to defendants WILLIAM THEODORE LEWIS and LORI MARIE DAHL in this case as provided below;
WHEREAS, the sensitive but unclassified discovery materials at issue include information pertaining to victims or potential victims in this case, including personal identifying information and what the government has represented are access device numbers such as bank account numbers, credit card numbers, etc.;
WHEREAS, such sensitive but unclassified discovery materials shall be identified as sensitive and subject to a protective order at the time of disclosure, whether on the documents or other materials (e.g., CDs/DVDs) themselves or in an accompanying cover letter;
WHEREAS, the parties agree that entry of a stipulated protective order is appropriate, and that a private agreement is not appropriate in light of the nature of the information at issue and the charges in this case; and
WHEREAS, the defendants, WILLIAM THEODORE LEWIS and LORI MARIE DAHL, have counsel ("Defense Counsel") who wish the opportunity to review the discovery;
Defendants WILLIAM THEODORE LEWIS and LORI MARIE DAHL and plaintiff 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, its general supervisory authority, and Local Rule 141.1.
2. This Order pertains to all discovery provided to or made available to Defense Counsel that is identified as sensitive and subject to a protective order in this case (hereafter, collectively known as "the protected discovery").
3. Defense Counsel shall not disclose any of the protected discovery to any person other than their respective clients, or attorneys, law clerks, paralegals, secretaries, experts, and investigators, involved in the representation of their respective clients. However, at no time shall either defendant be permitted to review the protected discovery outside of the presence of his or her attorney, and Defense Counsel shall not leave any of the protected discovery with either defendant at the jail or other institution where that defendant is being held in custody.
4. The protected discovery and information therein may only be used in connection with the litigation of this case and for no other purpose. The protected discovery is now and will forever remain the property of the United States Government. Defense Counsel will return the discovery to the Government or certify that it has been shredded at the conclusion of the case.
5. Defense Counsel will store the discovery in a secure place and will use reasonable care to ensure that it is not disclosed to third persons or their ...