Protective Order — United States v. Autumn Gail Luna (W.D. Wash., Dkt. 25, May 13, 2022)

Summary

A Protective Order in United States v. Autumn Gail Luna, No. CR21-00189JLR, in the U.S. District Court for the Western District of Washington at Seattle, dated May 13, 2022. It governs discovery produced by the government to Defendant Autumn Gail Luna, and states that a separate order governs materials produced to Defendant Bryan Alan Sparks. Access to discovery containing personally identifiable information (PII) is restricted to the Defense Team, and the order sets conditions for a defendant's review of that material. The United States agrees to provide a redacted copy of the OI-6 Prosecution Report dated September 23, 2021, prepared by the Social Security Administration's Office of the Inspector General. It is presented by Cindy Chang, Assistant United States Attorney, above the name James L. Robart.

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                 Case 2:21-cr-00189-JLR Document 25 Filed 05/13/22 Page 1 of 3




 1                                                                The Honorable James L. Robart
 2
 3
 4
 5
 6
 7                            UNITED STATES DISTRICT COURT FOR THE
                                WESTERN DISTRICT OF WASHINGTON
 8
                                          AT SEATTLE
 9
10
      UNITED STATES OF AMERICA,                            NO. CR21-00189JLR
11
                                  Plaintiff
                                                           PROTECTIVE ORDER
12
13
                         v.
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      AUTUMN GAIL LUNA,
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16                                    Defendant.
17
18          1.        This Protective Order governs all discovery material in any format (written

19 or electronic) that is produced by the government in discovery in the above-captioned
20 case to Defendant Autumn Gail Luna. A separate order governs materials produced to
21 Defendant Bryan Alan Sparks.
22       2.    Discovery in this case is voluminous. Many of these materials and

23 documents include personally identifiable information (PII), which is defined for
24 purposes of this order as Social Security numbers, driver’s license numbers, dates of
25 birth, home addresses, mothers’ maiden names, passwords, debit card and credit card
26 account numbers, financial lines of credit numbers, bank account numbers, and personal
27 identification numbers. Redacting the discovery to delete PII prior to production would
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     United States v. Sparks et al.                                         UNITED STATES ATTORNEY
                                                                                700 STEWART STREET
     Protective Order- 1                                                             SUITE 5220
                                                                             SEATTLE, WASHINGTON 98101
                                                                                   (206) 553-7970
                 Case 2:21-cr-00189-JLR Document 25 Filed 05/13/22 Page 2 of 3




 1 unnecessarily delay the disclosure of discovery to the defendants and would frustrate the
 2 intent of the discovery process.
 3          3.        Access to discovery material containing PII will be restricted to the
 4 Defense Team, with the limited exceptions discussed in paragraphs 4, 5 and 6 below.
 5 “Defense Team” shall be limited to attorneys of record for the defendants and any of the
 6 following people working on this matter under the supervision of the attorneys of record:
 7 attorneys, investigators, paralegals, law clerks, testifying and consulting experts, and
 8 legal assistants. For purposes of this Order, “Defense Team” does not include the
 9 defendants. Defendant’s attorneys shall inform any member of the Defense Team to
10 whom disclosure of discovery material containing PII is made of the existence and terms
11 of this Protective Order. Members of the Defense Team shall not provide copies of any
12 discovery material containing PII to any persons outside of the Defense Team, except as
13 specifically set forth below.
14          4.        Members of the Defense Team shall retain custody of all copies of the
15 discovery material containing PII, except as discussed below in paragraph 5. Members of
16 the Defense Team shall use discovery material only for the purpose of preparing a
17 defense to the charges in this action. Members of the Defense Team may review the
18 discovery material containing PII with a defendant and witnesses for purposes of trial
19 preparation, provided that witnesses may review the material only in the presence a
20 member of the Defense Team and may not take notes regarding the content of the
21 discovery material.
22          5.        Defense counsel may provide discovery to a defendant, subject to the
23 following conditions:
24                    a) Defendant shall not use discovery material containing PII for any
                      unlawful purpose; and
25
                      b) Defendant may not provide copies of the discovery material containing
26
                      PII to any third parties and may only review the discovery material
27                    containing PII either alone or in the presence of the Defense Team.
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     United States v. Sparks et al.                                          UNITED STATES ATTORNEY
                                                                                 700 STEWART STREET
     Protective Order- 2                                                              SUITE 5220
                                                                              SEATTLE, WASHINGTON 98101
                                                                                    (206) 553-7970
                 Case 2:21-cr-00189-JLR Document 25 Filed 05/13/22 Page 3 of 3




 1          6.        The Defense Team may, however, provide to the defendant and to third
 2 parties discovery materials that either do not contain any PII or otherwise have been
 3 redacted by the Defense Team to remove all PII. Further, the defendant, victims, and
 4 witnesses may be provided their own personal information.
 5          7.        The United States agrees to provide a redacted copy of the OI-6
 6 Prosecution Report (dated September 23, 2021) prepared by the Social Security
 7 Administration’s Office of the Inspector General.
 8          8.        Any discovery material containing personal identifying information or
 9 personal financial information that the Defense Team files with the Court in connection
10 with pre-trial motions, trial, or other matters before the Court, shall either be redacted to
11 remove the personal identifying information or personal financial information, or shall be
12 filed under seal and shall remain sealed until otherwise ordered by the Court.
13          9.        This Protective Order may be modified, as necessary, by filing with the
14 Court a Stipulated Order Modifying the Protective Order or by order of the Court.
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            DATED: May 13, 2022.
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17
18                                                       A
                                                        JAMES L. ROBART
19                                                      United States District Judge
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21
     Presented by:
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23 s/ Cindy Chang
   CINDY CHANG
24 Assistant United States Attorney
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27
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     United States v. Sparks et al.                                        UNITED STATES ATTORNEY
                                                                               700 STEWART STREET
     Protective Order- 3                                                            SUITE 5220
                                                                            SEATTLE, WASHINGTON 98101
                                                                                  (206) 553-7970


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