Information - United States v. Andrew Marnell

Record facts

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

Summary

A stipulation and joint request for a protective order 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. The government and the defendant, through Deputy Federal Public Defender Adithya Mani, ask the Court to enter a protective order governing discovery containing personal identifying information, other third-party confidential information and Privacy Act material. The filing states the defendant is charged with violations of 18 U.S.C. § 1344(2) (bank fraud) and is detained pending trial. The proposed terms restrict possession of Confidential Materials to the defense team, bar the defendant from copying or keeping them, and require their return or destruction within 30 days of the conclusion of the case. The stipulation is seven pages.

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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 
STIPULATION AND JOINT REQUEST FOR 
A PROTECTIVE ORDER REGARDING 
DISCOVERY CONTAINING PERSONAL 
IDENTIFYING INFORMATION, MEDICAL 
INFORMATION, AND PRIVACY ACT 
INFORMATION  
PROPOSED ORDER FILED SEPARATELY 
Plaintiff, United States of America (the “government”), by and 
through its counsel of record, the United States Attorney for the 
Central District of California and Assistant United States Attorney 
Kerry L. Quinn, and defendant ANDREW MARNELL (“defendant”), by and 
through his counsel of record, Deputy Federal Public Defender 
Adithya Mani (collectively the “parties”), for the reasons set forth 
below, request that the Court enter the proposed protective order 
(the “Protective Order”) governing the use and dissemination of 
(1) personal identifying information (“PII”) of real persons; 
(2) other confidential information concerning third parties; and (3) 
Case 2:20-cr-00319-RGK     Document 24     Filed 08/06/20     Page 1 of 7   Page ID #:148

 
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material that may contain information within the scope of the 
Privacy Act. 
The bases for this stipulation and application are as follows: 
1. 
Defendant is charged in this matter with violations of 18 
U.S.C. § 1344(2) (bank fraud).  Defendant is detained pending trial. 
2. 
A protective order is necessary because discovery in this 
case includes PII and other confidential information concerning 
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 government 
believes disclosure of this confidential information without 
limitation may compromise the privacy, security, and confidentiality 
of third parties, and absent court order could otherwise be 
prohibited or restricted by statute.  Further, documents that 
contain confidential information make up a significant portion of 
discovery in this case, and confidential information itself may have 
investigative or evidentiary value.  In this situation, redaction of 
all of the confidential information from discovery, in addition to 
being prohibitively time consuming and infeasible, may interfere 
with defense counsel’s ability to evaluate the case, provide advice 
to defendant, and prepare for trial. 
3. 
The purpose of the Protective Order is to (a) allow the 
government to comply with its discovery obligations while protecting 
confidential information, and (b) provide the defense counsel with 
information necessary to represent defendant.   
Case 2:20-cr-00319-RGK     Document 24     Filed 08/06/20     Page 2 of 7   Page ID #:149

 
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4. 
Accordingly, the parties hereby stipulate and ask the 
Court to issue a protective order for discovery under the following 
terms: 
a. 
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. 
b. 
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. 
c. 
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 
Case 2:20-cr-00319-RGK     Document 24     Filed 08/06/20     Page 3 of 7   Page ID #:150

 
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such motion, defendant must first meet and confer with the 
government regarding any objections to the designation of materials.  
d. 
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. 
e. 
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. 
f. 
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.   
g. 
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 
Case 2:20-cr-00319-RGK     Document 24     Filed 08/06/20     Page 4 of 7   Page ID #:151

 
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potential witness to retain Confidential Materials or to make or 
retain any notes of Confidential Materials. 
h. 
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.   
i. 
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. 
j. 
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. 
k. 
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. 
l. 
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. 
m. 
Defense counsel agrees to 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.   
n. 
Defense Counsel has conferred with defendant 
regarding this stipulation and the proposed order thereon, and 
defendant agrees to the terms of the proposed order. 
IT IS SO STIPULATED. 
 
DATED: August 6, 2020 
 
NICOLA T. HANNA   
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
BRANDON D. FOX  
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
Chief, Criminal Division 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  /s/ Kerry L. Quinn_____ ______
 
 
 
 
 
 
 
KERRY L. QUINN 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
Attorneys for Plaintiff 
 
 
 
 
 
 
UNITED STATES OF AMERICA  
 
 
DATED: August 6, 2020 
 
__/s/ by email permission____ 
 
 
 
 
 
 
 
ADITHYA MANI 
 
 
 
 
 
 
 
Deputy Federal Public Defender 
Attorney for Defendant  
 
 
 
 
 
 
 
ANDREW MARNELL 
 
Case 2:20-cr-00319-RGK     Document 24     Filed 08/06/20     Page 7 of 7   Page ID #:154

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