Text of Proposed Order — USA v. Merritts (Dkt. 8-1, D.D.C.)

Record facts

U.S. District Court for the District of Columbia · No. 1:25-cr-00076-JMC · Doc. 8-1 · 2025-04-15 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
 
FOR THE DISTRICT OF COLUMBIA 
 
 
UNITED STATES OF AMERICA  
: 
:  
CRIMINAL NO.  1:25-CR-00076-JMC 
v. 
 
 
 
: 
:  
CORTNEY MERRITTS 
 
 
: 
 
: 
 
 
 
 
 
Defendant. 
 
: 
 
 
 
 
PROTECTIVE ORDER GOVERNING DISCOVERY 
 
To expedite the flow of discovery material between the parties and adequately protect 
personal identity information entitled to be kept confidential, it is, pursuant to the Court=s authority 
under Fed. R. Crim. P. 16(d)(1) and with the consent of the parties, ORDERED: 
1. 
All materials provided by the United States in preparation for, or in connection 
with, any stage of this case (collectively, “the covered materials”) are subject to this protective 
order (“the Order”) and may be used by the defendant(s), the legal defense team, and defense 
counsel 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. 
Legal Defense Team: The “legal defense team” includes defense counsel (defined 
as counsel of record in this case, including any post-conviction or appellate counsel) and any 
attorneys, investigators, paralegals, support staff, and expert witnesses who are advising or 
assisting defense counsel in connection with this case. The legal defense team shall not include the 
defendant or the defendant’s family members, friends, or associates. 
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3. 
The defendant and the legal defense team shall not copy or reproduce the materials 
except in order to provide copies of the materials for use in connection with this case by the 
defendant and the legal defense team. Such copies and reproductions shall be treated in the same 
manner as the original materials. The defendant and the legal defense team shall not disclose any 
notes or records of any kind that they make in relation to the contents of the materials and all such 
notes or records are to be treated in the same manner as the original materials. 
Sensitive Materials 
4. 
The United States may produce materials containing personal identity information 
as identified in Rule 49.1 of the Federal Rules of Criminal Procedure, and other materials as set 
forth below, to defense counsel, pursuant to the defendant’s discovery requests. Such materials 
may be designated as “Sensitive.” Sensitive materials shall be plainly marked as “Sensitive” by 
the United States prior to disclosure. Sensitive materials may also include the following: 
a. Telephone numbers, email addresses, driver’s license numbers, and similar unique 
identifying information; 
b. Information regarding the government’s confidential sources;  
c. Identifying information, including true names and photographs, regarding 
government agents who acted in an undercover capacity with respect to this 
investigation; 
d. Information that may jeopardize witness security; 
e. Contact information for, photographs of, and private conversations with 
individuals that do not appear to be related to the criminal conduct in this case; 
f. Medical or mental health records; 
g. Sources and methods law-enforcement officials have used, and will continue to 
use, to investigate other criminal conduct;  
h. Information that may jeopardize an ongoing or future investigation; 
i. Information and source documents contained in or derived from MPD’s Personnel 
Performance Management System or the U.S. Attorney’s CADRPTS database; 
and 
j. Tax returns or tax information. 
 
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5. 
Limitations on Dissemination of Sensitive Materials: No sensitive materials, or 
the information contained therein, may be disclosed to any persons other than the defendant, the  
legal defense team, 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 they may not retain copies without prior permission of the 
Court. Materials may also be disclosed to the person to whom the Sensitive information solely and 
directly pertains, without prior notice to the United States and authorization from the Court. 
6. 
Court Filings. Absent prior agreement by the parties or permission from the Court, 
no party shall disclose materials designated as Sensitive in any public filing with the Court. Such 
materials shall be submitted under seal in accordance with Local Criminal Rule 49(f)(6), after 
filing an accompanying motion for leave to file under seal. Defendant may include in a public 
document Sensitive information relating solely and directly to the defendant. 
7. 
Court Hearings. The restrictions in this Order shall not limit either party in the use 
of the materials in judicial proceedings in this case. The procedures for use of designated Sensitive 
materials during any hearing or the trial of this matter shall be determined by the parties and the 
Court in advance of the hearing or trial. No party shall disclose materials designated Sensitive in 
open court without agreement by the parties that such materials may be disclosed in open court or 
prior consideration by the Court. 
8. 
Storage of Sensitive Materials. Sensitive materials must be maintained in the 
custody and control of the legal defense team. Defense counsel may show Sensitive materials to 
the defendant as necessary to assist in preparation of the defense, however, defense counsel may 
not provide a copy of Sensitive materials to the defendant. Moreover, if defense counsel does show 
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Sensitive materials to the defendant, defense counsel may not allow the defendant to write down 
any personal identity information as identified in Rule 49.1 of the Federal Rules of Criminal 
Procedure, or other identifying information, including telephone numbers, email addresses, 
driver’s license numbers, and similar unique identifying information, that is contained in the 
Sensitive materials. If the defendant takes notes regarding Sensitive materials, defense counsel 
must inspect those notes to ensure that the defendant has not copied down personal identity 
information, including the categories set forth in this paragraph.  
9. 
Automatic Exclusions from this Order. This Order does not apply to materials 
that: 
a. Are, or later become, part of the public court record, including materials that have 
been received in evidence in this or other public trials or hearings; 
 
b. Were derived directly from defendant or that pertain solely to defendant.  
Examples of such materials include defendant’s own financial records, telephone 
records, digital device downloads, social media records, electronic 
communications, arrest records, and statements to law enforcement; and   
 
c. Materials that the defense obtains by means other than discovery. 
10. 
Disputes.  The parties shall make a good faith effort to resolve any dispute about 
a sensitivity designation before requesting the Court’s intervention. The United States may agree 
to remove a sensitivity designation without further order of this Court. Whenever the redaction of 
specified information will resolve the basis for which a sensitivity designation was applied, the 
United States will agree to redaction if practicable and not unduly burdensome, and such redaction 
will render the materials no longer subject to this Order. Any agreement to remove a sensitivity 
designation or to redact specific information shall be memorialized in writing. 
Scope of this Order 
11. 
Modification Permitted. Nothing in this Order shall prevent any party from 
seeking modification of this Order nor prevent the defense from contesting a sensitivity 
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designation. The parties agree that the burden of demonstrating the need for a protective order 
remains with the government at all times.  
12. 
Failure Not Waiver. The failure by the United States to designate any materials as 
“Sensitive” upon disclosure shall not constitute a waiver of the United States’ ability to later 
designate the materials as Sensitive but the government must separately identify and memorialize 
the changed status of those materials in writing. 
13. 
No Ruling on Discoverability or Admissibility.  This Order does not constitute 
a ruling on the question of whether any particular material is properly discoverable or admissible 
and does not constitute any ruling on any potential objection to the discoverability or admissibility 
of any material. 
14. 
Government’s Discovery Obligations. Nothing in this Order modifies the United 
States’ obligations at any stage of discovery in this case pursuant to Federal Rules of Criminal 
Procedure 16 and 26.2, Local Criminal Rule 5.1, 18 U.S.C. § 3500 (the Jencks Act), and the 
government’s general obligation to produce exculpatory and impeachment information in criminal 
cases. 
15. 
Defense Counsel’s Obligations. Defense counsel must provide a copy of this 
Order to, and review the terms of this Order with, members of the legal defense team, defendant, 
and any other authorized person, before providing them access to Sensitive materials. 
16. 
Duration.  The terms of this Order shall remain in effect after the conclusion of 
this case and the parties shall be bound by it unless otherwise ordered by the Court. 
 
SO ORDERED this _____ day of __________, 2025. 
 
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_____________________________________ 
THE HONORABLE JIA M. COBB  
UNITED STATES DISTRICT JUDGE 
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