Stipulation for Protective Order — United States v. John Douglas Gibson (Dkt. 22, July 28, 2021)

Summary

A Stipulation for Protective Order filed July 28, 2021, in United States v. John Douglas Gibson, Case No. 2:21-cr-00116-GMN-VCF, in the U.S. District Court for the District of Nevada. The parties ask the Court to protect from disclosure to the public or third parties any discovery containing confidential personal identifying information of individuals referenced in the discovery. They state that the grand jury indicted the defendant on April 21, 2021, in a five-count indictment, and that trial is scheduled for September 13, 2021. Access is limited to attorneys for all parties and the personnel they consider necessary. It is signed s/ by Jessica Oliva and Jawara Griffin, above an "IT IS SO ORDERED" line dated 7-28-2021 for Hon. Cam Ferenbach.

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           Case 2:21-cr-00116-GMN-VCF Document 22 Filed 07/28/21 Page 1 of 5




 1   CHRISTOPHER CHIOU
     Acting United States Attorney
 2   Nevada Bar Number 14853
     JESSICA OLIVA
 3   Assistant United States Attorney
     501 Las Vegas Boulevard South, Suite 1100
 4   Las Vegas, Nevada 89101
     Tel: 702.388.6268
 5   Fax: 702.388.6418
     jessica.oliva@usdoj.gov
 6   Attorneys for the United States

 7
                                 UNITED STATES DISTRICT COURT
 8                                    DISTRICT OF NEVADA

 9   UNITED STATES OF AMERICA,                          Case No. 2:21-cr-00116-GMN-VCF

10                  Plaintiff,                          Stipulation for Protective Order

11          v.

12   JOHN DOUGLAS GIBSON,

13                  Defendant.

14

15          The parties, by and through the undersigned, respectfully request that the Court

16   issue an order protecting from disclosure to the public, or any third party not directly

17   related to this case, any documents, recordings, or other tangible things produced by the

18   government during discovery that contain the confidential personal identifying information

19   of individuals referenced in the discovery. The parties state as follows:

20          1.     On April 21, 2021, a federal grand jury indicted defendant JOHN

21   DOUGLAS GIBSON in a five-count indictment, alleging Possession of Stolen Mail in

22   violation of 18 U.S.C. § 1708, Possession of 15 or More Counterfeit and Unauthorized

23   Access Devices in violation of 18 U.S.C. § 1029(a)(3) and (c)(1)(A)(i), Aggravated Identity

24   Theft in violation of 18 U.S.C. § 1028A(a)(1), and Illegal Possession of Device-Making
           Case 2:21-cr-00116-GMN-VCF Document 22 Filed 07/28/21 Page 2 of 5




1    Equipment in violation of 18 U.S.C. § 1029(a)(4) and (c)(1)(A)(ii). ECF No. 7. On July 9,

2    2021, defendant Gibson made his initial appearance and plea and was arraigned in the

3    District of Nevada. ECF No. 11.

4           2.      Trial is currently scheduled for September 13, 2021. ECF No. 11. The Office

5    of the Federal Public Defender was appointed to this case on July 9, 2021. ECF No. 14.

6    Assistant Federal Public Defender Jawara Griffin filed his notice of appearance on July 16,

7    2021. ECF No. 17.

8           3.      The discovery to be produced in connection with this case contains extensive

9    amounts of personal identifying information, including names, addresses, and debit/credit

10   card numbers of multiple individuals. The release of such information to the public or third

11   parties not involved in the case could endanger the privacy of dozens of individuals and

12   also subject them to potential misuse of their identities. This confidential, personal

13   identifying information is referred to here as the “Protected Information.”

14          4.      In order to protect the privacy of the individuals referenced in the discovery,

15   the parties intend to restrict access to the following individuals: attorneys for all parties, and

16   any personnel that the attorneys for all parties consider necessary to assist in performing

17   that attorney's duties in the prosecution or defense of this case, including investigators,

18   paralegals, retained experts, support staff, interpreters, and any other individuals

19   specifically authorized by the Court (collectively, the "Covered Individuals").

20          5.      The Covered Individuals shall be advised of the Protective Order, and,

21   without leave of Court, the Covered Individuals shall not:

22                  a.     make copies for, or allow copies of any kind to be made by any other

23                         person of the Protected Information in this case;

24

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           Case 2:21-cr-00116-GMN-VCF Document 22 Filed 07/28/21 Page 3 of 5




1                   b.     allow any other person to read, listen, or otherwise review the

2                          Protected Information in this case;

3                   c.     use the Protected Information for any purpose other than preparing to

4                          defend against or prosecute the violations in the Petition, Addendum,

5                          and pre-indictment charges, or any further charges arising out of these

6                          cases; or

7                   d.     attach any Protected Information to any of the pleadings, briefs, or

8                          other court filings except to the extent those pleadings, briefs, or

9                          filings are filed under seal or properly compliant with LR IC 6-1.

10          6.      The Protected Information shall be segregated from discovery not containing

11   personal identifying information, and Defendant shall only be permitted to review the

12   Protected Information in the presence of defense counsel who shall retain exclusive

13   possession of the Protected Information. Defense counsel will ensure that any discovery

14   item left with Defendant is fully redacted of any Protected Information.

15          7.      Nothing in this stipulation is intended to restrict the parties' use or

16   introduction of the Protected Information as evidence at trial or support in motion practice.

17          8.      The parties shall inform any person to whom disclosure may be made

18   pursuant to this order of the existence and terms of this Court's order. The parties reserve

19   the right to seek to modify the terms of this protective order at a later time pursuant to

20   Federal Rule of Criminal Procedure 16(d)(1). Should a reasonable need for this protective

21   order cease to exist, on grounds other than a Covered Individual or some other person

22   violating or circumventing its terms, the Government will move expeditiously for its

23   dissolution.

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           Case 2:21-cr-00116-GMN-VCF Document 22 Filed 07/28/21 Page 4 of 5




1           9.     In the event of an inadvertent disclosure of the Protected Information, the

2    party making or learning of the inadvertent disclosure will immediately:

3                  a.     Notify the person to whom the disclosure was made that it contains

4                         Protected Information subject to a Protective Order;

5                  b.     Make all reasonable efforts to preclude dissemination or use of the

6                         Protected Information by the person to whom disclosure was

7                         inadvertently made;

8                  c.     Notify the Government and other parties of the identity of the person

9                         to whom the disclosure was made, the circumstances surrounding the

10                        disclosure, and the steps taken to ensure against further

11                        dissemination or use of the information; and

12                 d.     Notify the Court in writing under seal.

13   ///

14   ///

15   ///

16   ///

17   ///

18   ///

19   ///

20   ///

21   ///

22   ///

23   ///

24   ///


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         Case 2:21-cr-00116-GMN-VCF Document 22 Filed 07/28/21 Page 5 of 5




1         10.   The defense hereby stipulates to this protective order.

2

3                                                   Respectfully submitted,

4                                                   For the United States:

5                                                   CHRISTOPHER CHIOU
                                                    Acting United States Attorney
6
                                                    s/ Jessica Oliva
7                                                   JESSICA OLIVA
                                                    Assistant United States Attorney
8
                                                    For the Defense:
9
                                                    s/ Jawara Griffin
10                                                  JAWARA GRIFFIN
                                                    Assistant Federal Public Defender
11                                                  Attorney for DEFENDANT GIBSON

12

13   IT IS SO ORDERED:
                                                               7-28-2021
14
     ___________________________                            _________________
15   HON. CAM FERENBACH                                           Date
     UNITED STATES MAGISTRATE JUDGE
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