Protective Order Governing Discovery — Hadi Isbaih — No. 21 CR 208, Northern District of Illinois (Document 12)

Date: 2021-04-12

Summary

A Protective Order Governing Discovery entered April 12, 2021 as Document #: 12 in United States of America v. Hadi Isbaih, No. 21 CR 208, in the U.S. District Court for the Northern District of Illinois, by Judge Sharon Johnson Coleman on the government's agreed motion under Fed. R. Crim. P. 16(d). The order limits use of materials the United States provides to the defense of this case and restricts disclosure to authorized persons, including people assisting the defense and potential witnesses and their counsel. It restricts copying and the sharing of notes, requires that authorized persons receive a copy of the order, and sets three options for disposing of the materials at the end of the case. It also sets a procedure for returning material produced by mistake and excludes documents that become part of the public court record.

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Cite this document

“Protective Order Governing Discovery — Hadi Isbaih — No. 21 CR 208, Northern District of Illinois (Document 12).” Original at ecf.ilnd.uscourts.gov, dated 2021-04-12. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-04-12-united-states-of-america-v-hadi-isbaih/, SHA-256 9399dc2d6b88e6787156a4a067f5446952bcdf0c654dce835b406cfb84880a57.

Full text

    Case: 1:21-cr-00208 Document #: 12 Filed: 04/12/21 Page 1 of 3 PageID #:35




                       UNITED STATES DISTRICT COURT
                       NORTHERN DISTRICT OF ILLINOIS
                            EASTERN DIVISION

UNITED STATES OF AMERICA
                                              No. 21 CR 208
              v.
                                              Judge Sharon Johnson Coleman
HADI ISBAIH


              PROTECTIVE ORDER GOVERNING DISCOVERY

      Upon the agreed motion of the government, pursuant to Fed. R. Crim. P. 16(d),

it is hereby ORDERED:

      1.     All of the materials provided by the United States in preparation for, or

in connection with, any stage of the proceedings in this case (collectively, “the

materials”) are subject to this protective order and may be used by defendant and

defendant’s counsel (defined as counsel of record in this case) solely in connection

with the defense of this case, and for no other purpose, and in connection with no

other proceeding, without further order of this Court.

      2.     Defendant and defendant’s counsel shall not disclose the materials or

their contents directly or indirectly to any person or entity other than persons

employed to assist in the defense, persons who are interviewed as potential witnesses,

counsel for potential witnesses, and other persons to whom the Court may authorize

disclosure (collectively, “authorized persons”). Potential witnesses and their counsel

may be shown copies of the materials as necessary to prepare the defense, but may

not retain copies without prior permission of the Court.
    Case: 1:21-cr-00208 Document #: 12 Filed: 04/12/21 Page 2 of 3 PageID #:36




      3.     Defendant, defendant’s counsel, and authorized persons shall not copy

or reproduce the materials except in order to provide copies of the materials for use

in connection with this case by defendant, defendant’s counsel, and authorized

persons. Such copies and reproductions shall be treated in the same manner as the

original materials.

      4.     Defendant, defendant’s counsel, and authorized persons shall not

disclose any notes or records of any kind that they make in relation to the contents of

the materials, other than to authorized persons, and all such notes or records are to

be treated in the same manner as the original materials.

      5.     Before providing materials to an authorized person, defense counsel

must provide the authorized person with a copy of this Order.

      6.     Upon conclusion of all stages of this case, all of the materials and all

copies made thereof shall be disposed of in one of three ways, unless otherwise

ordered by the Court. The materials may be (1) destroyed; (2) returned to the United

States; or (3) retained in defense counsel's case file. The Court may require a

certification as to the disposition of any such materials. In the event that the

materials are retained by defense counsel, the restrictions of this Order continue in

effect for as long as the materials are so maintained, and the materials may not be

disseminated or used in connection with any other matter without further order of

the Court.

      7.     To the extent any material is produced by the United States to

defendant or defendant’s counsel by mistake, the United States shall have the right
     Case: 1:21-cr-00208 Document #: 12 Filed: 04/12/21 Page 3 of 3 PageID #:37




to request the return of the material and shall do so in writing. Defendant shall have

the right within five days of such request to object to the government’s classification

of the production as a mistake. Provided defendant does not object, within five days

of the receipt of such a request, defendant and/or defendant’s counsel shall return all

such material if in hard copy, and in the case of electronic materials, shall certify in

writing that all copies of the specified material have been deleted from any location

in which the material was stored. If the defendant does object, the government and

defendant and/or defendant’s counsel shall confer within five days of the objection

regarding a resolution of the objection.

      8.     The restrictions set forth in this Order do not apply to documents that

are or become part of the public court record, including documents that have been

received in evidence at other trials, nor do the restrictions in this Order limit defense

counsel in the use of discovery materials in judicial proceedings in this case.

      9.     Nothing contained in this Order shall preclude any party from applying

to this Court for further relief or for modification of any provision hereof.

                                           ENTER:



                                           SHARON JOHNSON COLEMAN
                                           District Court Judge
                                           United States District Court
                                           Northern District of Illinois


Date: 4/12/2021

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