United States District Court, C.D. California
RICHARD A. MAIZE, Petitioner and Defendant,
v.
UNITED STATES OF AMERICA, Respondent and Plaintiff.
PROTECTIVE ORDER REGARDING DOCUMENTS CONTAINING
PERSONAL IDENTIFYING INFORMATION
HONORABLE DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE.
The
Court has read and considered the Stipulation and Joint
Request for a Protective Order Regarding Documents Containing
Personal Identifying Information, filed by Petitioner and
Defendant Richard A. Maize (“Petitioner Maize”)
and Respondent and Plaintiff United States of America in this
matter on January __, 2020, which this Court incorporates by
reference into this order, and FOR GOOD CAUSE SHOWN the Court
hereby FINDS AND ORDERS as follows:
1. The
United States Attorney's Office (“the USAO”)
has made available for initial review by Petitioner
Maize's counsel of record, Richard G. Novak (“Mr.
Novak”), certain documents in the possession of USAO
that Petitioner Maize had requested be made available for his
use in connection with these proceedings, pursuant to 18
U.S.C. § 2255, to set aside Petitioner Maize's
convictions in United States v. Richard A. Maize,
No. CR 07-455-DDP (the “Subject Documents”). The
Subject Documents were previously selected by the USAO as
potential exhibits in connection with the trial of the
defendants prosecuted in United States v. Joseph Aram
Babajian, Lila Marie Rizk, and Kyle John Grasso, No. CR
07-00755-DDP. The quantity of the Subject Documents is
approximately 290 pages. Many of the Subject Documents
contain personal identifying information of real persons,
including, among other things, personal names, addresses,
Social Security numbers, and financial account numbers.
2.
If the USAO were to attempt to redact all this personal
identifying information in strict compliance with Federal
Rule of Civil Procedure 5.2, the Central District of
California's Local Rules regarding redaction, and the
Privacy Policy of the United States Judicial Conference,
Petitioner Maize would receive a set of documents that would
be confusing and difficult for Petitioner Maize and Mr. Novak
to understand.
3. The
Court finds it appropriate, therefore, for the USAO to
provide to Mr. Novak unredacted copies of the Subject
Documents that contain personal identifying information,
subject to this protective order that preserves the privacy
and security of third parties. The Court agrees that a
protective order as requested by the parties will serve the
USAO's interest in maintaining the privacy and security
of third parties while permitting Petitioner Maize and Mr.
Novak to understand the Subject Documents.
4.
Accordingly, the production of the Subject Documents by the
USAO to Mr. Novak shall be subject to this Protective Order,
as follows:
a. For purposes of the Protective Order, the term
“Personal Identifying Information”
(“PII”) includes any information that can be used
to identify a person, other than Petitioner Maize, including
name, address, date of birth, Social Security number, Tax
Payer Identification Number, driver's license number,
telephone number, financial account number, or personal
identification number. The term “Protected
Information” refers to materials containing PII that
the USAO produces to the defense pursuant to the Protective
Order.
b. For purposes of the Protective Order, the term
“Petitioner's Team” refers to (1) Mr. Novak,
as Petitioner Maize's counsel of record; (2) other
attorneys at Mr. Novak's law firm who may be consulted
regarding case strategy in the above-captioned matter; (3)
investigators and retained experts or potential experts who
are assisting Mr. Novak with this case; and (4) paralegals,
legal assistants, and other support staff to Mr. Novak
providing assistance on this case. The term
“Petitioner's Team” does not include
Petitioner Maize, his family members, or any other associates
of Petitioner Maize.
c. Mr. Novak shall advise all other members of
Petitioner's Team of their obligations under the
Protective Order and ensure their agreement to follow the
Protective Order, prior to providing members of
Petitioner's Team with access to any materials subject to
the Protective Order.
d. The USAO is authorized to provide to Mr. Novak Protected
Information marked with the following legend: “CONTENTS
SUBJECT TO PROTECTIVE ORDER.” If Protected Information
is provided on a DVD, or other electronic storage media, it
is sufficient notice for the USAO to label the electronic
storage media with this legend. If Protected Information is
provided in the form of a paper document, it is sufficient
notice for the USAO to print this legend on the cover page of
the first page of the document. If Petitioner Maize objects
to any such designation, he may do so by application to the
Court upon duly noticed motion, following meeting and
conferring with the USAO regarding the objection.
e. Petitioner Maize may review Protected Information only in
the presence of Mr. Novak or other members of
Petitioner's Team, and Petitioner Maize may not copy,
keep, maintain, or otherwise possess any of such Protected
Information in this case at any time. Petitioner Maize must
return any Protected Information to Petitioner's Team at
the conclusion of any meeting at which Petitioner Maize is
permitted to view the Protected Information. Petitioner Maize
may not take any Protected Information out of the room in
which he is meeting with Petitioner's Team. Petitioner
Maize may not write down or memorialize any PII contained in
the Protected Information. At the conclusion of any meeting
with Petitioner Maize, Petitioner's Team shall take
possession of all Protected Information.
f. If Mr. Novak deems it appropriate or necessary for
Petitioner Maize to review some or all of the Protected
Information in this case outside Petitioner's Team's
presence, Mr. Novak shall, without further Order of the
Court, provide to Petitioner Maize only Protected Information
from which all PII has been redacted by Petitioner's
Team. At no time, under no circumstance, shall any unredacted
Protected Information be left in the possession, custody, or
control of Petitioner Maize.
g. Petitioner's Team shall not permit Petitioner Maize or
anyone not a member of Petitioner's Team to have
possession of Protected Information.
h. Petitioner's Team shall access and use Protected
Information for the sole purpose of preparing for proceedings
in this case. Petitioner's Team may review Protected
Information with a witness or potential witness in this case,
including Petitioner Maize. Before being shown any portion of
Protected Information, however, any witness or potential
witness must be informed of, and agree in writing to be bound
by, the requirements of the Protective Order. No. witness or
potential witness may retain ...