Agreed Protective Order — United States v. Iseman & Associates, LLC et al., No. 1:25-cv-00450-MSN-LRV (Dkt. 17, E.D. Va.)
Summary
This Agreed Protective Order under Rule 26(c) was filed August 12, 2025 as Document 17 in United States v. Iseman & Associates, LLC, et al., No. 1:25-cv-00450-MSN-LRV, in the Eastern District of Virginia, Alexandria Division, and signed by U.S. Magistrate Judge Lindsey Robinson Vaala. It sets how parties and non-parties mark discovery material "CONFIDENTIAL" and limits its use to this litigation. A party challenging a designation must first try to resolve it informally, and a party filing confidential material must give five (5) business days' notice and seek leave to file under seal under Local Rule 5. Copies are to be destroyed or returned within sixty (60) days after all proceedings end, and the plaintiff may still use the material for law enforcement purposes. Assistant U.S. Attorney John E. Beerbower and Jordan D. Howlette of Justly Prudent signed for the parties.
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Case 1:25-cv-00450-MSN-LRV Document 17 Filed 08/12/25 Page 1 of 8 PageID# 140
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA,
Plaintiff,
V. No.: l:25-cv-00450-MSN-LRV
ISEMAN & ASSOCIATES, LLC, et al
Defendants.
AGREED PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the parties hereby stipulate
and agree as follows, and it is ORDERED that:
1. The purpose of this Order and agreement is to permit discovery and trial
preparation to proceed with a minimum of discovery motions over matters of confidentiality.
2. This Order governs the handling of all documents, testimony and information
produced, given or filed herein by the parties and designated or considered
CONFIDENTIAL” under this order. For the avoidance of doubt, this Order governs all
documents, testimony and information produced or given by non-parties as well.
3. During discovery in this matter, the parties intend to produce confidential
information, and some non-parties may be required via a subpoena to produce confidential
information. In order to permit the parties to discover information that is both relevant to the
claims or defenses of either party and is proportionate to the needs of the case, without the
unnecessary sacrifice of privacy interests, the parties agree that the following procedures shall be
followed with respect to the information to be produced pursuant to the parties’ discovery
requests that is marked as “CONFIDENTIAL.
Case 1:25-cv-00450-MSN-LRV Document 17 Filed 08/12/25 Page 2 of 8 PageID# 141
4. As used herein, “Confidential Information” or information designated as
CONFIDENTIAL” means any information that any party or non-party from whom discovery is
sought (the “Designating Party”) reasonably and in good faith believes constitutes or discloses
proprietary or confidential personal, medical, financial, business, material protected from
disclosure by the Privacy Act of 1974, 5 U.S.C. § 552a, or other commercial information that the
Designating Party would not disclose to third parties, reasonably believes would, if revealed,
cause harm to the Designating Party’s business interests, or information that would cause third
parties to maintain in confidence.
5. Subject to the exceptions set forth in Paragraph 22, any information produced or
disclosed in this action that is deemed Confidential Information or designated as
CONFIDENTIAL,” as defined above, shall be used solely for the purpose of conducting
litigation in this action, including settlement, monetary collection, and appeals related to the
action.
6. Persons or entities covered by this Agreed Protective Order may designate
materials as confidential by either of the following methods:
a. by writing, typing or stamping the word “CONFIDENTIAL” on the face
or bates label of any materials upon their initial production to the non-designating party;
b. by written notice to counsel for the non-designating party including a
description of materials to be designated as “CONFIDENTIAL”;
c. by affixing the “CONFIDENTIAL” label to a filename or a folder to
indicate the protection is applied to all contents therein,
d. by stating on the record in a deposition that testimony given or exhibits
used in that deposition should be treated as “CONFIDENTIAL”; or
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e. by written notice to counsel for the non-designating party within twenty
(20) days after receipt of a deposition transcript of those portions of the transcript (by
specific page and line reference, or exhibit number) the notifying party considers
CONFIDENTIAL.” Prior to the expiration of the twenty (20) day period, the entire
deposition transcript shall be treated as “CONFIDENTIAL.
7. Information marked as “CONFIDENTIAL” will be provided for review by the
Designating Party (and their counsel) in strict confidence. Right of access to this material shall
be limited to the parties and their representatives; counsel for the parties and their staff; any
consultants or expert witnesses in their employ; persons with a need to examine such materials;
and any other person mutually authorized by all counsel to examine such materials. Any person
having access to this material shall be informed that it is confidential and subject to a non¬
disclosure order by this Court.
Any summary, extract, paraphrase, quotation, restatement, compilation, notes,
exhibit, or copy containing Confidential Information, or any electronic image or database
containing Confidential Information, will be subject to the terms of this Order to the same extent
as the material or information from which such summary, extract, paraphrase, quotation,
restatement, compilation, notes, exhibit, copy, electronic image, or database is derived.
9. Any person receiving Confidential Information shall not reveal or discuss such
information to or with any person not entitled to receive such infonnation under the tenns hereof
and shall use reasonable measures to store and maintain the Confidential Infonnation so as to
prevent unauthorized disclosure.
10. All materials produced by the parties and third parties in this case prior to the
entry of this Protective Order, and designated by the producing party or third-party as containing
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Confidential Information, will also be subject to the tenns of this Protective Order. Any such
designation must be made within 30 days of the entry of this Protective Order by written notice
by the designating party or third-party to the other parties of the specific materials so designated.
All materials produced by the parties and third parties in this case prior to the entry of this
Protective Order marked in a manner that differs from that set forth in paragraph 5 but that
reasonably indicates the proprietary, sensitive, or confidential nature of the information shall also
be treated as Confidential Infonnation under this Order without any need for further designation
or reproduction.
11. All counsel of record receiving copies of documents, transcripts, responses to
written questions, or any other material or infonnation designated as Confidential Infonnation
must maintain such Confidential Information in their possession in a manner sufficient to protect
such material against unauthorized disclosure. This Order applies to all vendors, including
without limitation, any copy service or document storage companies. It is the responsibility of
counsel of record to take reasonable steps to ensure that all its vendors comply with this Order.
12. Should a party receiving material seek to challenge the designation of certain
material as “CONFIDENTIAL,” it shall first attempt to resolve such a dispute informally with the
Designating Party. If such amicable efforts at dispute resolution are unsuccessful, the
Designating Party may move this Court to sustain the “CONFIDENTIAL” designation. Such a
motion must be filed no later than fourteen (14) days after the tennination of informal dispute
resolution efforts.
13. If infonnation designated as “CONFIDENTIAL” is filed with the Court in
connection with motions or other matters in this case, or otherwise utilized at deposition or trial,
the parties will endeavor to protect identifying infonnation and other private information. This
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will include, at a minimum, redacting all dates of birth and other numerical identifying
characteristics. These efforts may also include refenhng to individuals in a generic manner. In
the event such “CONFIDENTIAL” material is introduced into evidence or considered by the
Court, neither the designation “CONFIDENTIAL” nor the fact of such designation shall be
admitted into evidence or considered by the Court. The “CONFIDENTIAL” designation shall be
redacted from the documents expected to be introduced into evidence at trial.
14. If a Party or, as appropriate, non-party, wishes to file with the Court (0 any
deposition transcripts, exhibits, answers to interrogatories, or other documents which have
previously been designated as comprising or containing Confidential Information, or (//) any
pleading, brief, or memorandum which reproduces, paraphrases, or discloses Confidential
Information, that party must (a) provide written notice to the Designating Party at least five (5)
business days in advance of the filing, and (b) submit a written application for leave to file under
seal the material designated as Confidential Information pursuant to Local Rule 5 of the Rules of
the U.S. District Court for the Eastern District of Virginia.
15. Counsel will endeavor to avoid revealing Confidential Information in any oral
hearings before the Court, except for trial. If any counsel finds it necessary to refer to
Confidential Information in any such oral hearings, counsel must notify the Court and all other
counsel of record as soon as such necessity becomes apparent and propose whatever mechanisms
may be available and appropriate to prevent disclosure of Confidential Infomiation as a
consequence of such oral hearings to persons other than those authorized by this Order.
16. Confidential Infomiation and any copies thereof, and notes made therefrom, may
be disclosed only (i) to current and former employees of and attorneys for the parties, (ii) to
deposition or trial witnesses in connection with their actual or potential testimony, (iii) to persons
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retained specifically to serve as an expert witness or a consultant in this action, (iv) to persons
regularly employed in or by such attorney offices or offices assisting such attorneys in this
matter, (v) any Persons who the Confidential Infomiation itself indicates, or who the non¬
designating party has a good-faith basis to believe, was the author, addressee, recipient,
custodian, or source of the Document or Confidential Information, (vi) any Person whose
statements or communications are quoted, recounted, or summarized in a Party’s or Non-Party’s
Documents or Confidential Information, except that only those portions of the Documents or
Confidential Infonuation quoting, recounting, or summarizing a Person’s statements or
communications may be disclosed to that Person, or (vii) to other persons as reasonably
necessary for the preparation, trial, appeal or settlement of the case identified herein.
17. Except material filed with the Court, all copies of material designated
CONFIDENTIAL” shall be destroyed, or returned to the Designating Party’s counsel, within
sixty (60) days of the conclusion of all trial and appellate proceedings, provided however, that
any party may keep any confidential information that is necessary to comply with any statutory
record-keeping obligations. Once the material is destroyed, counsel shall notify the Designating
Party’s counsel.
18. In the event that any material subject to this Order is used in any court
proceeding, it shall not lose its protected status through such use (except as otherwise ordered by
the Court), and the parties shall take all steps reasonably required to protect its confidentiality
during such use, with the exception of redactions to documents expected to be used at trial as
outlined in Paragraph 8.
19. In order to facilitate further exchanges of material, by letter between counsel, the
parties may agree to designate other infomiation or material as being subject to this Order.
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20. This Order is without prejudice to the right of any party to make any objection to
discovery permitted by the Federal Rules of Civil Procedure, or by any statute or other authority.
21. This Agreed Protective Order may be modified by further order of this Court and
is without prejudice to the rights of any Party or non-party to move for relief from any of its
provisions, or to seek or agree to different or additional protection for any particular material or
information.
22. Nothing in this Agreed Protective Order:
a. limits any Party’s or non-party’s use or disclosure of its own information
designated as Confidential Infonnation;
b. prevents disclosure of Confidential Information with the consent of the
Protected Person that designated the material as Confidential; or
c. prevents Plaintiffs retention, use, or disclosure of Confidential
Information outside the context of the action to the extent pcimitted by applicable law or
regulation, for law enforcement purposes, as required by law, court order, or regulation,
or for the purpose of securing compliance with a Final Judgment in this action. Any such
disclosures shall be limited to those permitted by applicable law or regulation. Plaintiff
will not disclose any Confidential Information produced only during the pendency of the
action to any Non-Party, except as ordered by a court or as may be required by law or
regulation and subject to Paragraph 17.
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23. Nothing in this Agreed Protective Order shall prevent any paity or other person
from seeking modification of this Order or from objecting to discovery that it believes to be
otherwise improper.
IT IS SO ORDERED.
ENTERED this 12-4K 2025
/S/
Lindsey Robinson Vaala '
United States Magistrate Judge
United States Magistrate Judge
Dated: August 2025
WE ASK FOR THIS:
ERIK S. SIEBERT
United States Attorney
By: /s/ John E. Beerbower /s/ Jordan D. Howlette
JOHN E. BEERBOWER JORDAN D. HOWLETTE
Assistant United States Attorney VSB No.: 97839
United States Attorney’s Office Managing Attorney
Counsel for the United States of America Justly Prudent
2100 Jamieson Avenue 1140 3rd St. NE, Suite 2180
Alexandria, VA 22314 Washington, DC 20002
Tel: 703.299.3841 Tel: (202) 921-6005
Fax: 703.299.3898 Fax: (202) 921-7102
iohn.beerbower@usdoi.gov jordan@iustlvprudent.com
Counsel for Defendants
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