Protective Order Governing Discovery — USA v. Brown, et al. (Dkt. 27, N.D. Ill.)

Record facts

U.S. District Court for the Northern District of Illinois · No. 1:23-cr-00097 · Doc. 27 · 2023-03-14 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
TE DORA BROWN, and 
CHRISTOPHER SCOTT 
 
No. 23 CR 97 
 
Judge Elaine E. Bucklo 
 
PROTECTIVE ORDER GOVERNING DISCOVERY 
 
Upon the unopposed motion of the government, pursuant to Fed. R. Crim. P. 
 
16(d) and 18 U.S.C. § 3771(a)(1) and (8), 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 defendants and defendants’ 
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. 
Defendants and defendants’ 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: 1:23-cr-00097 Document #: 27 Filed: 03/14/23 Page 1 of 4 PageID #:110

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 defendants, as well as confidential business information 
belonging to one or more entities. No such materials, or the information contained 
therein, may be disclosed to any persons other than defendants, counsel for 
defendants, 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 containing sensitive financial or personal identifying information 
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. 
Defendants, defendants’ 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 defendants, defendants’ counsel, and authorized persons. 
Such copies and reproductions shall be treated in the same manner as the original 
materials. 
5. 
Defendants, defendants’ 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: 1:23-cr-00097 Document #: 27 Filed: 03/14/23 Page 2 of 4 PageID #:111

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 files. 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 defendants 
or defendants’ 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, defendants and/or defendants’ 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 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 
Case: 1:23-cr-00097 Document #: 27 Filed: 03/14/23 Page 3 of 4 PageID #:112

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: 
 
 
ELAINE E. BUCKLO 
United States District Judge 
 Northern District of Illinois 
 
Date:   
 
3/14/2023
Case: 1:23-cr-00097 Document #: 27 Filed: 03/14/23 Page 4 of 4 PageID #:113

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