Protective Order — United States v. Philossaint (Dkt. 39-1, S.D. Fla.)

Summary

A proposed Protective Order, Document 39-1, in United States of America v. Joff Stenn Wroy Philossaint, Mariel Tollinchi, Regine Marie Rene, and Brianna Monique Gayle, Case No. 22-CR-80144-SMITH/MAYNARD, in the U.S. District Court for the Southern District of Florida, filed September 19, 2022. The form of order would grant the government's unopposed motion and authorize production of discovery containing personally identifying information of third parties on encrypted hard drives supplied by defense counsel. Under its terms, records containing third-party PII may be shown to the defendants, who cannot keep copies. The signature line for District Judge Rodney Smith and the day of September 2022 are left blank.

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Record facts

Full text

Case 9:22-cr-80144-RS Document 39-1 Entered on FLSD Docket 09/19/2022 Page 1 of 3




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                           Case No. 22-CR-80144-SMITH/MAYNARD

  UNITED STATES OF AMERICA

  vs.

  JOFF STENN WROY PHILOSSAINT,
  MARIEL TOLLINCHI,
  REGINE MARIE RENE, and
  BRIANNA MONIQUE GAYLE,

              Defendants.
  ______________________________________/

                                      PROTECTIVE ORDER

         This matter came before the Court on the United States’ Unopposed Motion for Permission

  to Produce Records to Defense Counsel Pursuant to a Protective Order. Having considered the

  Motion and the record in this case, and good cause having been shown therefore, the Motion is

  hereby GRANTED.

         Accordingly, it is HEREBY ORDERED THAT:

         1.      The government is authorized to produce discovery to the defendants, including

  personally identifying information of third parties (“PII”) in encrypted form, that is, counsel for

  each defendant shall provide a 1 terabyte encrypted hard drive to counsel for the government, and

  government personnel shall load the discovery onto the encrypted drives provided by defense

  counsel and return them. Items that are not available in electronic format shall be made available

  for review at the offices of the FBI. If any of those documents later become available in electronic

  format, they shall be loaded onto defense counsel’s encrypted hard drive.

         2.      Defense counsel shall maintain the encrypted drives in a secure area when not in

                                             Page 1 of 3

Case 9:22-cr-80144-RS Document 39-1 Entered on FLSD Docket 09/19/2022 Page 2 of 3




  use.

          3.      Any copies of the encrypted discovery must also be encrypted or placed on a secure

  password-protected server. If documents containing PII are printed from the encrypted drive,

  they shall be maintained in a secure area when not in use and shredded when no longer needed.

  Records containing PII of third parties may be shown to the defendants, but the defendants cannot

  keep a copy of those records. Documents and information that do not contain PII are not subject

  to the restrictions set forth in this paragraph.

          4.      Any PII information which is produced pursuant to the Standing Discovery Order

  or otherwise disclosed to the defendants in this proceeding shall be held in strictest confidence by

  defense counsel, and access to this material shall be restricted. Access to this information shall

  be permitted to defense counsel staff only to the extent necessary to prepare their client’s defense.

  Such information may be further disclosed by defense counsel to their clients and to expert

  witnesses and consultants hired by the defense who must review and agree to be bound by the

  terms of the Protective Order. Persons to whom any such PII is disclosed on behalf of the

  defendants shall not further disclose or disseminate this information without further Order of the

  Court. Documents and information that do not contain PII are not subject to the restrictions set

  forth in this paragraph.

          5.      No PII related to individuals who are not defendants or witnesses shall be entered

  in the record during trial, either through testimony or documents, or in motions in this proceeding,

  unless all practicable means of masking or redacting PII have been employed. If it is not

  practicable to mask individual identifiers during testimony, or to redact individual identifiers from

  exhibits or motions, then the party wishing to proffer such evidence shall first seek approval from


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Case 9:22-cr-80144-RS Document 39-1 Entered on FLSD Docket 09/19/2022 Page 3 of 3




  the Court to do so and shall file such motions and exhibits under seal.

         6.      At the conclusion of this proceeding, all PII that was not entered in the record at

  trial through testimony or exhibits, and that is unnecessary to the maintenance of the record of the

  proceeding, shall be destroyed. Counsel for the defendants may maintain the encrypted drives

  through the completion of any direct appeals. Upon entry of a final judgment in this matter and

  conclusion of any direct appeals, defense counsel shall destroy or cause to be destroyed all copies

  of covered information except as otherwise required to be maintained pursuant to document

  retention polices. Alternatively, counsel for the defendants may return the encrypted material to

  the FBI, who will dispose of it.

         7.      The U.S. Attorney’s Office and the investigating agencies may maintain the

  evidence collected in the case in accordance with their file retention and destruction protocols.

         DONE AND ORDERED this ______ day of September, 2022, at West Palm Beach,

  Florida.


                                                       _________________________________
                                                       RODNEY SMITH
                                                       UNITED STATES DISTRICT JUDGE




  I certify that I have read and agree to be bound by the terms of this Protective Order:



  Date: ________________                               _________________________________
                                                       (Signature of Defendant, Defense Counsel
                                                       Employee/Investigator,     or     Expert
                                                       Witness/Consultant)



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