Stipulation and Proposed Protective Order — United States v. Sean Loloee (E.D. Cal., Dkt. 24)

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Stipulation and protective order, filed December 26, 2023 as Document 24 in United States v. Sean Loloee, Case No. 2:23-CR-320 KJM JDP, in the U.S. District Court for the Eastern District of California. The parties state the discovery at issue includes information about witnesses or potential witnesses, specifically personal identifying information, bank account information and residence information. Defense counsel may not disclose the protected discovery beyond the defense team, and it may be used only in connection with this criminal case and not in any civil litigation. The order is dated December 22, 2023 and names United States Magistrate Judge Jeremy D. Peterson.

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               Case 2:23-cr-00320-KJM Document 24 Filed 12/26/23 Page 1 of 4

 1 PHILLIP A. TALBERT
   United States Attorney
 2 AUDREY B. HEMESATH
   MATTHEW THUESEN
 3 Assistant United States Attorney
   501 I Street, Suite 10-100
 4 Sacramento, CA 95814
   Telephone: (916) 554-2700
 5

 6 Attorneys for Plaintiff
   United States of America
 7

 8                               IN THE UNITED STATES DISTRICT COURT

 9                                  EASTERN DISTRICT OF CALIFORNIA

10
     UNITED STATES OF AMERICA,                           CASE NO. 2:23-CR-320 KJM JDP
11
                                  Plaintiff,             STIPULATION AND [PROPOSED] PROTECTIVE
12                                                       ORDER
                            v.
13
     SHAHRIR “SEAN” LOLOEE,
14
                                  Defendant.
15

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17          WHEREAS, the parties desire to prevent the unauthorized disclosure or dissemination of certain

18 sensitive but unclassified discovery materials to anyone not a party to the court proceedings in this case

19 as provided below;

20          WHEREAS, the sensitive but unclassified discovery materials at issue include information

21 pertaining to witnesses or potential witnesses in this case, specifically personal identifying information,

22 bank account information, and residence information;

23          WHEREAS, such sensitive but unclassified discovery materials shall be identified as sensitive

24 and subject to a protective order at the time of disclosure, whether on the documents themselves or in an

25 accompanying cover letter;

26          WHEREAS, the parties agree that entry of a stipulated protective order is appropriate, and that a

27 private agreement is not appropriate in light of the nature of the information at issue and the charges in

28 this case; and

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                 Case 2:23-cr-00320-KJM Document 24 Filed 12/26/23 Page 2 of 4

 1          WHEREAS, the defendant, SHAHRIR “SEAN” LOLOEE, has counsel (“Defense Counsel”)

 2 who wishes the opportunity to review the discovery;

 3          Defendant and plaintiff United States of America, by and through their undersigned counsel of

 4 record, hereby agree and stipulate as follows:

 5          1.      This Court may enter protective orders pursuant to Rule 16(d) of the Federal Rules of

 6 Criminal Procedure, its general supervisory authority, and Local Rule 141.1.

 7          2.      This Order pertains to all discovery provided to or made available to Defense Counsel

 8 that is identified as sensitive and subject to a protective order in this case (hereafter, collectively known

 9 as “the protected discovery”).

10          3.      Defense Counsel shall not disclose any of the protected discovery to any person other

11 than the defendant, or attorneys, law clerks, paralegals, secretaries, experts, interpreters, and

12 investigators, involved in the representation of his client ("the Defense Team”).

13          4.      The Defense Team may show witnesses who are not a part of the Defense Team the

14 protected discovery in the course of preparing a defense for trial or any related proceedings in this case,

15 but only if (i) the witness, by reason of their participation in the underlying events or conduct, would

16 have seen or had reason to know such discovery, or (ii) it is otherwise relevant to the defense of the case

17 that the Defense Team discuss with or show the witness the protected discovery. Witnesses may only

18 view the protected discovery in the presence of the Defense Team. No witness or potential witness may

19 retain copies of the protected discovery after his or her review of those materials with the Defense Team

20 is complete.
21          5.      The protected discovery and information therein may only be used in connection with the

22 litigation of this criminal case and for no other purpose. The protected discovery may not be shared or

23 discussed with counsel in any other matters such as civil litigation, except civil litigators who are part of

24 the Defense Team. The protected discovery will not be used or introduced, however, in any civil

25 litigation. The protected discovery is now and will forever remain the property of the United States

26 Government.

27          6.      Defense Counsel, and the Defendant if he retains any copy of any material, will store the

28 discovery in a secure place and will use reasonable care to ensure that it is not disclosed to third persons

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                 Case 2:23-cr-00320-KJM Document 24 Filed 12/26/23 Page 3 of 4

 1 in violation of this agreement.

 2          7.      If Defense Counsel releases custody of any of the protected discovery, or authorized

 3 copies thereof, to any person described in paragraph (3), Defense Counsel shall provide such recipients

 4 with copies of this Order and advise that person that the protected discovery is the property of the United

 5 States Government, that the protected discovery and information therein may only be used in connection

 6 with the litigation of this case and for no other purpose, and that an unauthorized use of the protected

 7 discovery may constitute a violation of law and/or contempt of court.

 8          8.      In the event that the defendant obtains substitute counsel, undersigned Defense Counsel

 9 agree to withhold the protected discovery from new counsel unless and until substituted counsel agrees

10 to be bound by this Order.

11          9.      Defense Counsel shall be responsible for advising their client, employees, and other

12 members of the defense team of the contents of this Stipulation/Order.

13          10.     While this Order applies to any copies made of any materials covered by this Order, it

14 does not apply to any materials that the Defendant or the Defense Team may have or gain access to via

15 independent means, even if copies or duplicates of those materials may be covered by this Order.

16          11.     This stipulation is without prejudice to either party applying to the Court to modify the

17 terms of any protective order. This Court shall retain jurisdiction to modify this Order upon motion of

18 either party even after the conclusion of district court proceedings in this case.

19          IT IS SO STIPULATED.

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            Case 2:23-cr-00320-KJM Document 24 Filed 12/26/23 Page 4 of 4

 1   Dated: December 22, 2023                   Respectfully submitted,

 2
                                                PHILLIP A. TALBERT
 3                                              United States Attorney

 4
                                          By: /s/ AUDREY B. HEMESATH
 5                                            AUDREY B. HEMESATH
                                              Assistant United States Attorney
 6

 7

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     Dated: December 22, 2023             By: /s/ SHERRY HAUS
 9                                            SHERRY HAUS
                                              Counsel for SHAHRIR “SEAN”
10                                            LOLOEE
11

12
     Dated: December 22, 2023             By: /s/ KEVIN ROONEY
13                                            SHERRY HAUS
                                              Counsel for SHAHRIR “SEAN”
14                                            LOLOEE
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     Dated: December 22, 2023             By: /s/ TOM JOHNSON
16                                            TOM JOHNSON
                                              Counsel for SHAHRIR “SEAN”
17                                            LOLOEE
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21                                       ORDER

22        IT IS SO FOUND AND ORDERED.

23   DATED: December 22, 2023
24                                       Hon. JEREMY D. PETERSON
                                         United States Magistrate Judge
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