Protective Order as to Craig David Davis — USA v. Davis (Dkt. 16)

Record facts

U.S. District Court for the Eastern District of Virginia · No. 1:24-cr-00040-PTG · Doc. 16 · 2024-03-07 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT EOF
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
V.
CRAIG DAVID DAVIS,
Defendant.
FILED
fN OPEN COURT
m 
-1 2j24
CLERK, U.S. DISTRICT COURT
ALEXANDRIA. VIRGIWIA
Case No. 1:24-CR-40 (PTG)
PROTECTIVE ORDER
This matter is before the Court on the Consent Motion for Entry of a Stipulated Protective
Order restricting the disclosure and dissemination of the documents, electronic records, and other
information produced by the United States to the defendant as part of the government's discovery
obligations in this case. These documents, electronic records, and other information ("Protected
Materials"), shall be subject to the following Order:
1. 
The government shall disclose Protected Materials to the defendant as part of its
discovery obligations, in accordance with the Federal Rules of Criminal Procedure, relevant case
law, and any Discovery Order entered in the case. Where Protected Materials are produced
electronically on an external hard drive, only the physical external hard drive (and not the
individual electronic files) must be labeled "PROTECTED MATERIALS."
2. 
The disclosure or provision of documents or materials by the government to the
defendant shall not operate as a waiver of any privilege or protection in any other proceeding or
against any third party that could or may be asserted by the holder of any such privilege or
protection.
Case 1:24-cr-00040-PTG     Document 16     Filed 03/07/24     Page 1 of 4 PageID# 71

3. 
Access to Protected Materials shall be restricted to persons authorized by this
Order, namely the defendant, his attorney of record in this case, and the employees of the attorney
of record who are performing work on behalf of the defendant, as well as any consultants or experts
assisting the attorney of record in the preparation of this case.
4. 
The following restrictions are placed on the defendant, the defendant's attorney,
and the above-designated individuals, unless and until further ordered by the Court. The
defendant, the defendant's attorney, and the above-designated individuals shall not:
a. 
make copies of Protected Materials for, or allow copies of any kind to be
made by, any other person;
b. 
allow any other person to read Protected Materials, except where doing so
is necessary in furtherance of the attomey's work on behalf of the
defendant; or
c. 
use the Protected Materials or information contained therein for any purpose
other than in furtherance of counsel's representation of the defendant.
5. 
The defendant's attorney shall inform any person to whom disclosure may be made
pursuant to this Order of the existence and terms of this Order.
6. 
Nothing in this Order shall restrict use by the defendant's attorney of Protected
Materials or information during the defendant's investigation of the allegations and preparation of
his defense or introduction as evidence at trial, except that the Defense will notify the government
prior to trial of any Protected Materials that it wishes to introduce at trial in the Defense's case-in-
chief so that the government may seek an additional order sealing the documents and information
contained therein from public disclosure as necessary. This paragraph should not be interpreted to
limit the defendant's attomey's ability to introduce any of the Protected Materials during the
Case 1:24-cr-00040-PTG     Document 16     Filed 03/07/24     Page 2 of 4 PageID# 72

Defense's cross-examination of govemment witnesses. Where appropriate, however, the
defendant's attorney must redact any personal identifying information in the Protected Materials,
in accordance with Federal Rule of Criminal Procedure 49.1, Local Criminal Rule 47, and the U.S.
District Court for the Eastern District of Virginia Guide to February 15, 2005 Local Rule
Amendments Conceming Personal Identifiers.
7. 
Prior to the disclosure of any Protected Materials to a person not identified in
Paragraph 3 or 4 of this Order, counsel for the defendant must first receive permission from the
Court for such disclosure. Such permission may be requested ex parte.
8. 
Upon conclusion of this action, and to the extent consistent with the ethical
responsibilities of defense counsel, the defendant's attorney shall retum to govemment counsel, or
destroy and certify to govemment counsel the destruction of, all Protected Materials within a
reasonable period of time, not to exceed thirty days after the last appeal is final.
IT IS SO ORDERED.
Date:
Alexandria, Virginia 
Hon. Patricia Tolliver Giles
United States District Judge
Case 1:24-cr-00040-PTG     Document 16     Filed 03/07/24     Page 3 of 4 PageID# 73

We ask for this:
Jessica D. Aber
United States Attorney
*tadence A. Mertz
Assistant Federal Pubtk Defender
Counsel for Defendant Craig Davis
Katljleen E. Robeson
Assistant United States Attorney
David A. Peters
Trial Attorney, Fraud Section
Counsel for the United States
Case 1:24-cr-00040-PTG     Document 16     Filed 03/07/24     Page 4 of 4 PageID# 74

File and source

File

gov.uscourts.vaed.549455.16.0.pdf

Size

448,413 bytes

SHA-256

db69fa3d8256cfcfdd6924eb378c202020f90d12b2547a97ab8867cfaab0d8d6

Our copy

gov.uscourts.vaed.549455.16.0.pdf

Original

PACER (login required)