Second Protective Order — United States v. Allen (Dkt. 21, E.D. Wash.)

Summary

A second protective order by United States District Judge Thomas O. Rice in United States v. Michael Tyriq Allen, Case No. 2:24-CR-0154-TOR-2, in the U.S. District Court for the Eastern District of Washington, filed November 21, 2024 as ECF No. 21. It grants the United States' unopposed motion for a protective order as to Allen. It authorizes the government to disclose discovery, including sensitive information and materials, and sets limits on how the defense may use and share it.

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Case 2:24-cr-00154-TOR     ECF No. 21   filed 11/21/24   PageID.65 Page 1 of 5




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                       UNITED STATES DISTRICT COURT
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                  FOR THE EASTERN DISTRICT OF WASHINGTON
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     UNITED STATES OF AMERICA,
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                                                  Case No.: 2:24-CR-0154-TOR-2
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                   v.                             SECOND PROTECTIVE ORDER
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     MICHAEL TYRIQ ALLEN,
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15                           Defendant.
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18         For good cause, IT IS HEREBY ORDERED:
19         1.    The United States’ Unopposed Motion for Protective Order is
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     GRANTED as to Michael Tyriq Allen.
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22         2.    The United States is authorized to disclose the discovery including
23   sensitive information and materials (hereinafter “Discovery”) in its possession
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     pursuant to the discovery obligations imposed by this Court.
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     SECOND PROTECTIVE ORDER – 1

       Case 2:24-cr-00154-TOR       ECF No. 21     filed 11/21/24   PageID.66 Page 2 of 5




 1         3.     Government personnel and counsel for Michael Tyriq Allen
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     (“Defendant”), shall not provide, or make available, the sensitive information in the
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     Discovery to any person except as specified in the Order or by approval from this
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 5   Court. Counsel for Defendant and the Government shall restrict access to the
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     Discovery, and shall only disclose the sensitive information in the Discovery to their
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     client, office staff, investigators, independent paralegals, necessary third-party
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 9   vendors, consultants, and/or anticipated fact or expert witnesses to the extent that
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     defense counsel believes is necessary to assist in the defense of their client in this
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     matter or that the Government believes is necessary in the investigation and
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13   prosecution of this matter.
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           4.     Third parties contracted by the United States or counsel for Defendant
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     to provide expert analysis or testimony may possess and inspect the sensitive
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17   information in the Discovery, but only as necessary to perform their case-related
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     duties or responsibilities in this matter. At all times, third parties shall be subject to
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     the terms of the Order.
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21         5.     Discovery in this matter will be available to defense counsel via access
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     to a case file on USA File Exchange. Counsel for Defendant may download
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     Discovery from USA File Exchange and shall exercise reasonable care in ensuring
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25   the security and confidentiality of the Discovery by electronically storing the
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     Discovery on a password-protected or encrypted storage medium, including a
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     SECOND PROTECTIVE ORDER – 2

       Case 2:24-cr-00154-TOR      ECF No. 21     filed 11/21/24   PageID.67 Page 3 of 5




 1   password-protected computer, or device. If Discovery is printed, Counsel must also
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     exercise reasonable care in ensuring the security and confidentiality of the Discovery
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     by storing copies in a secure place, such as a locked office, or otherwise secure
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 5   facility where visitors are not left unescorted.
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           6.     If, during the pendency of the case, Defendant requests a copy of the
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     any Discovery items from Counsel for Defendant, Counsel may provide a copy of
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 9   Discovery items to Defendant provided that Counsel advises Defendant of the
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     requirements of the Protective Oder and ensures that all sensitive third-party
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     information contained in the Discovery, such as social security numbers, dates of
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13   birth, and bank account numbers, is fully redacted. Counsel for Defendant may
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     review Discovery with a witness or potential witness in this case subject to the
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     requirement that before being shown any portion of the Discovery, any witness or
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17   potential witness must be informed of the requirements of the Protective Order and
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     no witness or potential witness may retain any copies of the Discovery after his or
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     her review of those materials with Counsel is complete.
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21         7.     All counsel of record in this matter, including counsel for the United
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     States, shall ensure that any party, including the Defendant, that obtains access to
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     the Discovery, is advised of this Order and that all information must be held in strict
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25   confidence and that the recipient may not further disclose or disseminate the
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     information. Any other party that obtains access to, or possession of, the Discovery
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     SECOND PROTECTIVE ORDER – 3

       Case 2:24-cr-00154-TOR      ECF No. 21    filed 11/21/24   PageID.68 Page 4 of 5




 1   containing discovery information once the other party no longer requires access to
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     or possession of such Discovery shall promptly destroy or return the Discovery once
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     access to Discovery is no longer necessary. No other party that obtains access to or
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 5   possession of the Discovery containing sensitive information shall retain such access
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     to or possession of the Discovery containing sensitive information unless authorized
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     by this Order, nor further disseminate such Discovery expect as authorized by this
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 9   Order or the further Order of this court. For purposes of this Order, “other party” is
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     any person other than appointed counsel for the United States or counsel for
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     Defendant.
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13         8.     All counsel of record, including counsel for the United States, shall
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     keep a list of the identity of each person to whom the Discovery containing sensitive
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     information is disclosed and who was advised of the requirements of this Order.
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17   Neither counsel for Defendant nor counsel for the United States shall be required to
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     disclose this list of persons unless ordered to do so by the Court.
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           9.     Upon entry of a final order of the Court in this matter and conclusion
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21   of any direct appeals, government personnel and counsel for Defendant shall retrieve
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     and destroy all copies of the Discovery containing sensitive information, except that
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     counsel and government personnel may maintain copies in their closed files
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25   following their customary procedures.
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     SECOND PROTECTIVE ORDER – 4

       Case 2:24-cr-00154-TOR     ECF No. 21     filed 11/21/24   PageID.69 Page 5 of 5




 1         10.   Government personnel and counsel for Defendant shall promptly report
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     to the Court any known violations of this Order.
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           IT IS SO ORDERED. The District Court Clerk is hereby directed to enter
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           DATED this 21st day of November 2024.
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                                                   THOMAS O. RICE
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                                                   United States District Judge
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     SECOND PROTECTIVE ORDER – 5

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