Protective Order — United States v. Kendall (Dkt. 20, E.D. Wash.)

Summary

A protective order of U.S. District Judge Thomas O. Rice in United States v. Taylor Jashaun Kendall and Michael Tyriq Allen, Case No. 2:24-CR-0154-TOR-1, in the U.S. District Court for the Eastern District of Washington, dated and filed November 20, 2024 as ECF No. 20. It grants the United States' Unopposed Motions for Protective Orders, ECF Nos. 17, 19. The order authorizes the government to disclose discovery that includes sensitive information and bars government personnel and counsel for Kendall from making that information available to any person except as the order specifies or the court approves. It requires that known violations be reported promptly to the court.

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Case 2:24-cr-00154-TOR     ECF No. 20   filed 11/20/24   PageID.60 Page 1 of 5




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 7                     UNITED STATES DISTRICT COURT
                  FOR THE EASTERN DISTRICT OF WASHINGTON
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 9   UNITED STATES OF AMERICA,
                                                  Case No.: 2:24-CR-0154-TOR-1
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                             Plaintiff,
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                   v.                             PROTECTIVE ORDER
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13   TAYLOR JASHAUN KENDALL, and
     MICHAEL TYRIQ ALLEN,
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15                           Defendants.
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17         BEFORE THE COURT are Unopposed Motions for Protective Orders. ECF
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     Nos. 17, 19. For good cause, IT IS HEREBY ORDERED:
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20         1.    The United States’ Unopposed Motions for Protective Orders, ECF
21   Nos. 17, 19, are GRANTED.
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           2.    The United States is authorized to disclose the discovery including
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24   sensitive information and materials (hereinafter “Discovery”) in its possession
25   pursuant to the discovery obligations imposed by this Court.
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     PROTECTIVE ORDER – 1

       Case 2:24-cr-00154-TOR       ECF No. 20     filed 11/20/24   PageID.61 Page 2 of 5




 1         3.     Government personnel and counsel for Taylor Jashaun Kendall
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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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     PROTECTIVE ORDER – 2

       Case 2:24-cr-00154-TOR      ECF No. 20     filed 11/20/24   PageID.62 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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     PROTECTIVE ORDER – 3

       Case 2:24-cr-00154-TOR      ECF No. 20    filed 11/20/24   PageID.63 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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     PROTECTIVE ORDER – 4

       Case 2:24-cr-00154-TOR     ECF No. 20     filed 11/20/24   PageID.64 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 20th day of November 2024.
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                                                   THOMAS O. RICE
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                                                   United States District Judge
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     PROTECTIVE ORDER – 5

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