Text of Proposed Order Proposed Protective Order — USA v. Thomas et al (Dkt. 39.1)

Summary

The text of a proposed Protective Order for Discovery Materials, Document 39-1, stamped Filed 08/13/20, in United States of America v. Darrell Thomas, Andre Lee Gaines, Kahlil Gibran Green Sr., Bern Benoit and Carla Jackson, Criminal Action No. 1:20-cr-296-JPB-AJB, in the United States District Court for the Northern District of Georgia, Atlanta Division. It recites that the discovery is voluminous and contains confidential personal information of non-parties, such as dates of birth, addresses, social security numbers and bank account numbers. Under Rule 16(d), the discovery may be used solely to prepare the defense and shown only to the defense team, retained experts and the court, unless the information is redacted. Filings that attach such discovery must be made under seal.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
v. 
DARRELL THOMAS, 
ANDRE LEE GAINES, 
KAHLIL GIBRAN GREEN SR. 
A/K/A KHALIL GREEN, 
BERN BENOIT A/K/A BURN 
BENOIT, AND 
CARLA JACKSON 
 
 
Criminal Action 
No. 1:20-cr-296-JPB-AJB 
 
Protective Order for Discovery Materials 
WHEREAS the discovery materials provided and otherwise made available to 
the defendants by the United States in this case are voluminous, contain 
confidential and sensitive personal information pertaining to individuals who 
are not parties to this litigation, such as dates of birth, addresses, social security 
numbers, and bank account numbers; and  
WHEREAS redaction of all potential confidential and sensitive information in 
this voluminous production would be unduly burdensome, and would be 
subject to error given the volume of documentation involved in this production; 
THEREFORE, IT IS HEREBY ORDERED, pursuant to Rule 16(d) of the 
Federal Rules of Criminal Procedure, that: 
1. Any and all materials and information provided by the United States to 
the defendants (hereinafter referred to in this Order as “discovery”) are to be 
used by the defendants and their counsel solely for the purpose of allowing the 
Case 1:20-cr-00296-JPB-CMS     Document 39-1     Filed 08/13/20     Page 1 of 4

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defendants to prepare their defense, and the defendants, defense counsel, and/or 
members of the defense team will not disseminate, disclose, or provide discovery 
materials containing the confidential and sensitive information identified herein 
to anyone who is not necessary to the preparation of the defense. 
2. All discovery materials provided by the United States, regardless of 
whether such materials and information have already been produced or will be 
produced in the future, and regardless of whether such materials and 
information have or will be produced pursuant to Rule 16 or otherwise, shall not 
be further disseminated by the defendants or their counsel to any individual, 
organization, or other entity, other than: (1) members of the defense team (i.e., 
co-counsel, paralegals, investigators, litigation support personnel, the 
defendants, and secretarial staff); (2) any experts or consultants retained to assist 
in the preparation of the defense; and (3) the Court, unless the confidential and 
sensitive information identified herein is redacted from such materials and 
information.  Upon any dissemination of the materials and information 
containing the confidential and sensitive information identified herein, defense 
counsel will inform the recipient of this Protective Order and the requirement to 
maintain the confidentiality of the information conveyed.  
3. Defense counsel, any co-counsel, and any investigators may show copies 
of any discovery containing the confidential and sensitive information identified 
herein to non-expert witnesses if it is determined that it is necessary to do so for 
the purpose of preparing the defense of the case, and may do so without any 
notice to the United States.  Defense counsel may also provide copies of 
discovery documents to witnesses in advance of meeting with them, so long as 
Case 1:20-cr-00296-JPB-CMS     Document 39-1     Filed 08/13/20     Page 2 of 4

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the witnesses agree that they will not disseminate the documents and defense 
counsel retrieves all copies of the documents from the witnesses subsequent to 
meeting with them. 
4. If the defendants’ counsel desire to disclose any discovery or make 
available or communicate the content of such discovery containing the 
confidential and sensitive information identified herein to any other person not 
described in this Order, Government’s counsel must first be so advised and seek 
to reach an informal resolution of or agreement on the matter.  If an agreement 
cannot be reached, the defendants’ counsel shall apply to the Court for relief 
from this Order.   
5.   If the defendants’ counsel desire to file any discovery as attachments to 
motions and it appears that the discovery contains information subject to this 
Order, the discovery must be filed under seal so as not to reveal sensitive 
information on the public docket. 
6. This ORDER solely governs the defendants’ and defense team’s use of 
documents produced in this action from the United States.  This ORDER does not 
limit the defendants’ and defense team’s use of documents that they might 
already possess prior to receiving discovery, or might obtain through other 
means. 
 
 
 
 
 
Case 1:20-cr-00296-JPB-CMS     Document 39-1     Filed 08/13/20     Page 3 of 4

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7. This ORDER shall survive the final termination of this action and, upon 
termination of this action and any appeal, counsel for the defendants shall return 
all copies of the discovery to the Government, or shall certify that said 
documents have been destroyed. 
SO ORDERED this ____ day of August, 2020. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
_____________________________________ 
ALAN J. BAVERMAN 
UNITED STATES MAGISTRATE JUDGE 
 
 
 
 
Prepared by: 
Tal C. Chaiken, Assistant United States Attorney 
(404) 581-6069 
 
Case 1:20-cr-00296-JPB-CMS     Document 39-1     Filed 08/13/20     Page 4 of 4

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