Proposed Protective Order for Discovery — United States v. Andrew Marnell (C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00319-RGK · Doc. 24-1 · 2020-08-06 · Docket on CourtListener

Summary

A [Proposed] Protective Order for Discovery in United States v. Andrew Marnell, No. 2:20-cr-00319-RGK, in the U.S. District Court for the Central District of California, filed August 6, 2020 as Document 24-1. It incorporates the parties' Stipulation and Application for a Protective Order and finds good cause under Rule 16(d)(1) of the Federal Rules of Criminal Procedure and 5 U.S.C. § 552a(b)(11). Its 13 numbered paragraphs define the defense team and Confidential Information, bar the defendant from keeping or copying Confidential Materials, and limit use of discovery to this case, including any motion under 28 U.S.C. § 2255. It requires return or destruction of the materials within 30 days of the case's conclusion and sets procedures for court filings and substitution of counsel. The 6-page order is presented by an Assistant United States Attorney for Judge R. Gary Klausner.

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NICOLA T. HANNA 
United States Attorney 
BRANDON D. FOX 
Assistant United States Attorney 
Chief, Criminal Division 
KERRY L. QUINN (Cal. Bar No. 302954) 
Assistant United States Attorney 
Major Frauds Section 
1100 United States Courthouse 
312 North Spring Street 
Los Angeles, California 90012 
Telephone: (213) 894-5423 
Facsimile: (213) 894-6269 
E-mail: 
Kerry.L.Quinn@usdoj.gov 
 
 
 
 
 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff, 
 
 
 
v. 
 
ANDREW MARNELL, 
 
Defendant. 
2:20-CR-319-RGK 
[PROPOSED] PROTECTIVE ORDER FOR 
DISCOVERY 
The Court has read and considered the Stipulation and 
Application for a Protective Order for Discovery (the “Stipulation”) 
filed on August 6, 2020.  The Court hereby incorporates the 
Stipulation into this Protective Order for Discovery and finds that 
the Stipulation establishes good cause for entry of an order: 
(1) protecting confidential information in discovery pursuant to 
Rule 16(d)(1) of the Federal Rules of Criminal Procedure; 
(2) authorizing disclosure, pursuant to 5 U.S.C. § 552a(b)(11), of 
materials otherwise protected by the Privacy Act; and (3) allowing 
disclosure of materials whose disclosure and dissemination might 
Case 2:20-cr-00319-RGK     Document 24-1     Filed 08/06/20     Page 1 of 6   Page ID
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otherwise be restricted by applicable law, statute, or other legal 
regulation or restriction. 
THEREFORE, IT IS HEREBY ORDERED as follows: 
1. 
The term “defense team” refers to defendant’s counsel of 
record (“defense counsel”) and other defense attorneys, paralegals, 
assistants, investigators, or experts who assist defense counsel in 
this case.  The term “defense team” does not include defendant, 
defendant’s family members, or any other associates of defendant, or 
other witnesses or third parties. 
2. 
The term “Confidential Information” refers to PII and 
other confidential information of third parties, including, among 
other things, financial records, passport records, criminal history 
records, and proprietary business information, and may include 
medical records and other confidential materials and information 
protected by the Privacy Act, 5 U.S.C. § 552a, provisions of 45 
C.F.R. §§ 164.102-164.534, and/or provisions of 42 U.S.C. § 1306, 
and other statutes.  The term “Confidential Materials” refers to any 
document, file, or other item of discovery that contains 
Confidential Information. 
3. 
The government is authorized to provide defense counsel 
with Confidential Materials.  The government shall label any 
Confidential Materials subject to this protective order as 
“CONFIDENTIAL,” “SUBJECT TO PROTECTIVE ORDER,” or otherwise identify 
such materials by Bates Number, by discovery disc number, or by some 
other identifiable means, such as by labeling a file name with the 
term “CONFIDENTIAL.”  If a defendant objects to such a designation 
with respect to any materials, the defendant may file a motion with 
the Court challenging the designation.  However, before filing any 
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such motion, defendant must first meet and confer with the 
government regarding any objections to the designation of materials.  
4. 
The defense team shall not permit anyone other than the 
defense team to have possession of Confidential Materials, including 
defendant, while outside the presence of the defense team. 
5. 
Defendant may review Confidential Materials only in the 
presence of a member of the defense team, who shall ensure that 
defendant is never left alone with any Confidential Materials.  At 
the conclusion of any meeting with defendant at which defendant is 
permitted to view Confidential Materials defendant must return any 
Confidential Materials to the defense team, and the member of the 
defense team present shall take all such materials with him or her.  
Defendant may not take any Confidential Materials out of the room in 
which defendant is meeting with the Defense Team. 
6. 
Defendant may see and review Confidential Materials as 
permitted by this Protective Order, but defendant may not copy, 
keep, maintain, or otherwise possess any Confidential Materials in 
this case at any time.  Defendant also may not write down or 
memorialize any data or information contained in the Confidential 
Materials.   
7. 
The defense team may review Confidential Materials with a 
witness or potential witness in this case, including defendant.  A 
member of the defense team must be present if Confidential Materials 
are being shown to a witness or potential witness and must, before 
showing them any Confidential Materials, inform the witness or 
potential witness of the requirements of the Protective Order, and 
obtain their agreement to be bound by its terms.  No member of the 
defense team shall permit a witness or potential witness to retain 
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Confidential Materials or to make or retain any notes of 
Confidential Materials. 
8. 
The defense team shall maintain Confidential Materials 
safely and securely, and shall exercise reasonable care in ensuring 
the confidentiality of Confidential Materials by (1) not permitting 
anyone other than members of the defense team, defendant, witnesses, 
and potential witnesses, as restricted above, to see Confidential 
Materials; (2) not divulging to anyone other than members of the 
defense team, defendant, witnesses, and potential witnesses, the 
contents of Confidential Materials; and (3) not permitting 
Confidential Materials to be outside the defense team’s offices, 
homes, vehicles, or personal presence.   
9. 
To the extent that defendant, the defense team, witnesses, 
or potential witnesses create notes that contain, in whole or in 
part, Confidential Materials, or to the extent that copies or 
reproductions of Confidential Materials are made for authorized use 
by members of the defense team, such notes, copies, or reproductions 
become Confidential Materials subject to the Protective Order and 
must be handled in accordance with the terms of the Protective 
Order. 
10. 
Members of the defense team shall use any and all 
discovery produced in this case, including Confidential Materials, 
only for the preparation, investigation, and litigation of this 
matter, and for no other purpose.  Litigation of this matter 
includes any appeal filed by defendant and any motion filed by 
defendant pursuant to 28 U.S.C. § 2255.  Within 30 days of the 
conclusion of the case including appellate and post-conviction 
proceedings, defense counsel shall return Confidential Materials to 
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the government, certify that all Confidential Materials have been 
destroyed, or certify that Confidential Materials are being kept 
pursuant to the Business and Professions Code and the Rules of 
Professional Conduct. 
11. 
In the event a party needs to file Confidential Materials 
with the Court, the party seeking to file such documents shall 
provide advance written notice to the other party to afford such 
party an opportunity to object or otherwise respond to such 
intention.  If the other party does not object or respond, the party 
seeking to file such Confidential Materials shall make reasonable 
attempts to limit disclosure of Confidential Information, including 
by redacting Confidential Information as required by court rules 
including Federal Rule of Criminal Procedure 49.1 and Local Criminal 
Rule 49.1-1, but the party need not request the entire filing be 
sealed, although it is not precluded from doing so.  If the parties 
disagree about the treatment of Confidential Information with regard 
to public filing, they may apply to the Court for appropriate 
relief, but not before making a reasonable attempt to meet and 
confer on the issue. 
12. 
In the event that there is a substitution of counsel, new 
defense counsel must be informed of, and agree in writing to be 
bound by, the requirements of the Protective Order before the 
undersigned defense counsel transfers any Confidential Materials to 
the new defense counsel.  New defense counsel’s written agreement to 
be bound by the terms of the Protective Order must be returned to 
the Assistant United States Attorney assigned to the case.  New 
defense counsel then will become the defense team’s custodian of 
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Confidential Materials and assume all obligations of defense counsel 
under this stipulation and the Protective Order. 
13. 
Defense counsel shall advise defendant and all members of 
the defense team of their obligations under the Protective Order and 
ensure their agreement to follow the Protective Order, prior to 
providing defendant and members of the defense team with access to 
any Confidential Materials.   
 
 
Dated: August __, 2020 
      
 
HONORABLE R. GARY KLAUSNER 
UNITED STATES DISTRICT JUDGE 
 
 
 
Presented by: 
 
   /s/  
KERRY L. QUINN 
Assistant United States Attorney 
 
Case 2:20-cr-00319-RGK     Document 24-1     Filed 08/06/20     Page 6 of 6   Page ID
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