Protective Order Governing Discovery as to Carlos Smith — USA v. Smith (Dkt. 19, N.D. Ill.)

Record facts

U.S. District Court for the Northern District of Illinois · No. 1:20-cr-00922 · Doc. 19 · 2021-01-15 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
CARLOS SMITH 
 
No. 20 CR 922  
 
Judge Manish S. Shah 
 
PROTECTIVE ORDER GOVERNING DISCOVERY 
Upon the unopposed motion of the government, pursuant to Fed. R. Crim. P. 
16(d), it is hereby ORDERED:    
1. 
All of the materials provided by the United States in preparation for, or 
in connection with, any stage of the proceedings in this case (collectively, “the 
materials”) are subject to this protective order and may be used by defendant and 
defendant’s counsel (defined as counsel of record in this case) solely in connection 
with the defense of this case, and for no other purpose, and in connection with no 
other proceeding, without further order of this Court.    
2. 
Defendant and defendant’s counsel shall not disclose the materials or 
their contents directly or indirectly to any person or entity other than persons 
employed to assist in the defense, persons who are interviewed as potential witnesses, 
counsel for potential witnesses, and other persons to whom the Court may authorize 
disclosure (collectively, “authorized persons”). Potential witnesses and their counsel 
may be shown copies of the materials as necessary to prepare the defense, but may 
not retain copies without prior permission of the Court.    
Case: 1:20-cr-00922 Document #: 19 Filed: 01/15/21 Page 1 of 4 PageID #:60

2 
 
3. 
Certain materials disclosed or to be disclosed by the government contain 
particularly sensitive information, including financial information of one or more 
persons other than the defendant. These materials shall be plainly marked as 
sensitive by the government prior to disclosure. No such materials, or the information 
contained therein, may be disclosed to any persons other than defendant, counsel for 
defendant, persons employed to assist the defense, or the person to whom the 
sensitive information solely and directly pertains, without prior notice to the 
government and authorization from the Court. Absent prior permission from the 
Court, information marked as sensitive shall not be included in any public filing with 
the Court, and instead shall be submitted under seal (except if the defendant chooses 
to include in a public document sensitive information relating solely and directly to 
the defendant.)    
4. 
Defendant, defendant’s counsel, and authorized persons shall not copy 
or reproduce the materials except in order to provide copies of the materials for use 
in connection with this case by defendant, defendant’s counsel, and authorized 
persons. Such copies and reproductions shall be treated in the same manner as the 
original materials. 
5. 
Defendant, defendant’s counsel, and authorized persons shall not 
disclose any notes or records of any kind that they make in relation to the contents of 
the materials, other than to authorized persons, and all such notes or records are to 
be treated in the same manner as the original materials. 
Case: 1:20-cr-00922 Document #: 19 Filed: 01/15/21 Page 2 of 4 PageID #:61

3 
 
6. 
Before providing materials to an authorized person, defense counsel 
must provide the authorized person with a copy of this Order. 
7. 
Upon conclusion of all stages of this case, all of the materials and all 
copies made thereof shall be disposed of in one of three ways, unless otherwise 
ordered by the Court. The materials may be (1) destroyed; (2) returned to the United 
States; or (3) retained in defense counsel’s case file. The Court may require a 
certification as to the disposition of any such materials. In the event that the 
materials are retained by defense counsel, the restrictions of this Order continue in 
effect for as long as the materials are so maintained, and the materials may not be 
disseminated or used in connection with any other matter without further order of 
the Court.  
8. 
To the extent any material is produced by the United States to 
defendant or defendant’s counsel by mistake, the United States shall have the right 
to request the return of the material and shall do so in writing.  Within five days of 
the receipt of such a request, defendant and/or defendant’s counsel shall return all 
such material if in hard copy, and in the case of electronic materials, shall certify in 
writing that all copies of the specified material have been deleted from any location 
in which the material was stored. 
9. 
The restrictions set forth in this Order do not apply to documents that 
are or become part of the public court record, including documents that have been 
received in evidence at other trials, nor do the restrictions in this Order limit defense 
Case: 1:20-cr-00922 Document #: 19 Filed: 01/15/21 Page 3 of 4 PageID #:62

4 
 
counsel in the use of discovery materials in judicial proceedings in this case, except 
that any document filed by any party which attaches or otherwise discloses specially 
identified sensitive information as described in Paragraph 3, above, shall be filed 
under seal to the extent necessary to protect such information, absent prior 
permission from this Court. 
10. 
Nothing contained in this Order shall preclude any party from applying 
to this Court for further relief or for modification of any provision hereof. 
ENTER: 
 
 
 
 
 
MANISH S. SHAH  
District Court Judge  
United States District Court 
Northern District of Illinois 
 
Date:  January 15, 2021 
 
 
 
 
 
Case: 1:20-cr-00922 Document #: 19 Filed: 01/15/21 Page 4 of 4 PageID #:63

File and source

File

gov.uscourts.ilnd.394355.19.0.pdf

Size

72,693 bytes

SHA-256

7760ac46645321eda168f4bb4fa2cafc97e3c71ac039cf1196cb5ca87c7b9e77

Our copy

gov.uscourts.ilnd.394355.19.0.pdf

Original

PACER (login required)