Motion for Protective Order for Discovery Materials — USA v. Slaton (Dkt. 7, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:21-cr-00179-JPB · Doc. 7 · 2021-05-17 · Docket on CourtListener

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FILED IN OPEN COURT
U.S.D.C. - Atlanta
MAY 172021
JAMES N. HATTEN, Clerk
By:
09f’t’Lputy Clerk
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v.
Case No. 1:21-CR-179
DENESSERIA SLATON A/K/A
DENESSERIE SLATON
Government’s Unopposed Motion for
Protective Order for Discovery Materials
The United States of America, by Kurt R. Erskine, Acting United States
Attorney, and Tal C. Chaiken and Nathan P. Kitchens, Assistant United States
Attorneys for the Northern District of Georgia, moves for a protective order to
limit the defendant’s use and dissemination of information provided in
discovery to that which is reasonably necessary to prepare her defense, pursuant
to Federal Rule of Criminal Procedure 16(d)(1).
In support of its motion, the United States submits as follows:
1. On May 17, 2021, the defendant waived indictment and was charged
pursuant to a Criminal Information with one count of conspiracy to commit bank
fraud and wire fraud in violation of Title 18, United States Code, Section 1349.
2. The United States provided Rule 16 discovery to the defendant at
arraignment.
3. The United States considers many of the records that have been or may be
produced in this case to be “sensitive materials” in that they contain dates of
birth, addresses, social security numbers, and bank account numbers for
Case 1:21-cr-00179-JPB     Document 7     Filed 05/17/21     Page 1 of 5

individuals who are not parties to this litigation. Given the volume of discovery
materials in this case, redaction of all “sensitive information” within the
materials would be unduly burdensome and would be subject to error. Further,
the degree of redaction that would be required for certain documents may
obscure some of the documents and make them illegible.
4. As a result, pursuant to Federal Rule of Criminal Procedure 16(d)(1), the
United States requests that a protective order be issued to guard against the
unwarranted dissemination of the discovery materials in this case. See FED. R.
CRIM. P. 16(d)(1) (“[a]t any time the court may, for good cause, deny, restrict, or
defer discovery or inspection, or grant other appropriate relief”).
5. First, the United States requests an order mandating that any discovery
materials and all information included in the discovery materials (regardless of
whether such materials are defined as discovery under Rule 16) that are
provided by the United States to the defendant shall not be further disseminated
by the defendant or her counsel to any individuals, organizations, or other
entities, except to:
a. Members of the defense team (co-counsel, paralegals, investigators,
litigation support personnel, the defendant, and secretarial staff);
b. Any experts or consultants retained to assist in the preparation of the
defense; or
c.
The Court.
6. Second, the United States requests an order requiring that all discovery is
to be provided and used by the defendant and her counsel exclusively for the
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purpose of allowing the defendant to prepare a defense, and that the defendant,
defense counsel, and members of the defense team will not disseminate, disclose,
or provide the discovery produced by the United States to anyone who is not
necessary to the preparation of the defense.
7. The United States submits that these protective measures are necessary to
guard against dissemination of confidential and sensitive personal information
and that a protective order is the most reasonable way of balancing the
defendant’s need for access to these materials with the rights of individuals
whose information may be reflected in this discovery.
8. Pursuant to Local Criminal Rule 12.1(D), undersigned counsel
communicated with defense counsel about the relief sought in this motion.
Undersigned counsel understands that the defendant consents to the entry of this
protective order.
WHEREFORE, and based on good cause shown, the United States
respectfully requests that the Court issue the submitted protective order.
Case 1:21-cr-00179-JPB     Document 7     Filed 05/17/21     Page 3 of 5

Dated:
May 17, 2021
Respectfully submitted,
KURT R. ERsKINE
Acting United States Attorney
?~J~Ia~
TAL C. CHAIKEN
Assistant United States Attorney
Georgia Bar No. 273949
Tal.Chaiken@usdoj.gov
NATHAN P. KITcHENs
Assistant United States Attorney
Georgia Bar No. 263930
Nathan.Kitchens@usdoj.gov
Case 1:21-cr-00179-JPB     Document 7     Filed 05/17/21     Page 4 of 5

Certificate of Service
The United States Attorney’s Office served this document today by sending a
copy by email to Nathan Fitzpatrick, attorney for Defendant Densseria Slaton.
May 17, 2021
/s/ TAL C. CHAIKEN
TAL C. CHAIKEN
Assistant United States Attorney
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