Full text
Case 2:25-cr-00179-DAD Document 29 Filed 10/08/25 Page 1 of 8
1 ERIC GRANT
United States Attorney
2 NCHEKUBE ONYIMA
Special Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916) 554-2700
Facsimile: (916) 554-2900
5
6 Attorneys for Plaintiff
United States of America
7
8 IN THE UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10
11 UNITED STATES OF AMERICA, CASE NO. 2:25-cr-00179 DAD
12 Plaintiff, STIPULATION AND JOINT REQUEST FOR
PROTECTIVE ORDER; [PROPOSED]
13 v. PROTECTIVE ORDER
YOLANDA BUTLER, LEGERRIUS HOLT,
14 and QUAMAINE MASSEY,
15 Defendants.
16
17 I. STIPULATION
18 1. Plaintiff United States of America, by and through its counsel of record, Defendants
19 Yolanda Butler, Legerrius Holt, and Quamaine Massey by and through their counsels of record, for the
20 reasons set forth below, hereby stipulate, agree, and jointly request that the Court enter a Protective
21 Order in this case restricting the use and dissemination of certain materials containing personal
22 identifying information of real persons and other confidential information of victims, witnesses, and
23 third parties.
24 2. On August 7, 2025, the government filed an Indictment charging Yolanda Butler,
25 Legerrius Holt, and Quamaine Massey with two counts of Mail Fraud, in violation of 18 U.S.C. § 1341;
26 and Yolanda Butler and Legerrius Holt with one count of Aggravated Identity Theft, in violation of 18
27 U.S.C. § 1028A.
28 3. As part of its investigation in the above-captioned case, the United States is in possession
STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1
Case 2:25-cr-00179-DAD Document 29 Filed 10/08/25 Page 2 of 8
1 of materials relating to the charges against Yolanda Butler, Legerrius Holt, and Quamaine Massey and
2 seeks to provide those materials to their respective counsels. Some of the materials may exceed the
3 scope of the United States’ discovery obligations but will be produced to promote a prompt and just
4 resolution or trial of the case.
5 4. The United States intends to produce to the Defense Team, as defined below, materials
6 containing personal identifying information (“PII”) and other confidential information of real persons
7 and entities, including, among other things, addresses, phone numbers, Social Security numbers, and
8 bank account numbers. Those real persons and entities are victims, witnesses, or third parties to this
9 case.
10 5. The purpose of the proposed Protective Order is to prevent the unauthorized
11 dissemination, distribution, or use of materials containing PII and confidential information of others. If
12 this information is disclosed without protective measures, or to defendant without limitation, it will risk
13 the privacy and security of the people to whom the information relates. The information could itself be
14 used to further criminal activity if improperly disclosed or used. The United States has ongoing
15 statutory and ethical obligations to protect victims.
16 6. Due to the nature of the charges and the alleged conduct in this case, PII and other
17 confidential information make up a significant part of the discovery materials in this case and such
18 information itself, in many instances, has evidentiary value. The documentary evidence contains a large
19 quantity of privacy-protected information that would be difficult or time-consuming to redact. Further,
20 if the government were to attempt to redact all this information, the defense would receive a set of
21 discovery that may be confusing and difficult to understand, and it could inhibit prompt and just
22 resolution of the case or preparation for trial.
23 7. Accordingly, the parties jointly request a Protective Order that will permit the United
24 States to produce discovery that is unredacted while preserving the privacy and security of victims,
25 witnesses, and third parties. The parties agree that the following conditions, if ordered by the Court in
26 the proposed Protective Order, will serve the government’s interest in maintaining the privacy and
27 security of victims and third parties, while permitting the Defense Team to understand the United States’
28 evidence against the defendant.
STIPULATION AND [PROPOSED] PROTECTIVE ORDER 2
Case 2:25-cr-00179-DAD Document 29 Filed 10/08/25 Page 3 of 8
1 8. This Court may enter protective orders pursuant to Rule 16(d) of the Federal Rules of
2 Criminal Procedure, Local Rule 141.1, and its general supervisory authority.
3 II. PROPOSED PROTECTIVE ORDER
4 A. Protected Materials
5 9. This Order pertains to all discovery provided or made available to defense counsel in this
6 case that contains unredacted “Personal Identifying Information” or other confidential third-party
7 information (collectively, “Protected Materials”).
8 10. For purposes of the Protective Order, the term “Personal Identifying Information” (“PII”)
9 includes any information within the definition of a “means of identification” under 18 U.S.C.
10 § 1028(d)(7), other than names, and any information within the definition of an “access device” under
11 18 U.S.C. § 1029(e)(1), for anyone other than the defendant.
12 11. To the extent that notes are made that memorialize, in whole or in part, the PII in any
13 Protected Materials, or to the extent that copies are made for authorized use by members of the Defense
14 Team, such notes, copies, or reproductions become Protected Materials, subject to the Protective Order,
15 and must be handled in accordance with the terms of the Protective Order.
16 B. Defense Team
17 12. For purposes of this Order, the term “Defense Counsel” refers to the defendant’s counsel
18 of record.
19 13. For purposes of this Order, the term “Defense Team” refers to (1) Defense Counsel,
20 (2) other attorneys at Defense Counsel’s law firm or defense organization who may be consulted
21 regarding case strategy in the above-captioned matter, (3) defense investigators who are assisting
22 Defense Counsel with this case, (4) retained experts or potential experts, and (5) paralegals, legal
23 assistants, and other support staff to Defendant’s Counsel assisting on this case. The term “Defense
24 Team” does not include defendant, the defendant’s family, or other associates of the defendant.
25 14. Defense Counsel must provide a copy of this Order to all members of the Defense Team
26 and must obtain written acknowledgement from members of the Defense Team that they are bound by
27 the terms and conditions of this Protective Order, prior to providing any Protected Materials to the
28 members of the Defense Team. The written acknowledgement need not be disclosed or produced to the
STIPULATION AND [PROPOSED] PROTECTIVE ORDER 3
Case 2:25-cr-00179-DAD Document 29 Filed 10/08/25 Page 4 of 8
1 United States unless ordered by the Court.
2 C. Disclosure of Protected Materials
3 15. The Defense Team shall not permit anyone other than the Defense Team to have
4 possession of the Protected Materials, including the defendant.
5 16. No person or party shall use any Protected Materials or information derived from
6 Protected Materials produced in this action for any purpose other than use in the above-captioned case.
7 All Protected Materials shall be used solely for the purpose of conducting and preparing for pre-trial,
8 trial, post-trial, and appellate proceedings (both direct and collateral) and in this criminal action for no
9 other purposes whatsoever, and shall not be used for the economic or other benefit of the defendant, or
10 any third party. Protected Materials may be disclosed only to the categories of persons and under the
11 conditions described in this Order.
12 17. The defendant may review Protected Materials in this case only in the presence of a
13 member of the Defense Team, and Defense Counsel shall ensure the defendant is never left alone with
14 any Protected Materials. The defendant may not copy, keep, maintain, or otherwise possess any of the
15 Protected Materials at any time. The defendant must return any Protected Materials to the Defense
16 Team at the conclusion of any meeting at which the defendant reviews the Protected Materials. The
17 defendant may not take any Protected Materials out of the room in which he is meeting with the Defense
18 Team. The defendant may not write down or memorialize any PII contained in the Protected Materials.
19 At the conclusion of any meeting with the defendant, the member of the Defense Team present shall
20 take with him or her all Protected Materials. At no time, under any circumstances, will any Protected
21 Materials be left in the possession, custody, or control of the defendant, whether or not he is
22 incarcerated.
23 18. The Defense Team may review Protected Materials with a witness or potential witness in
24 this case, including the defendant, subject to the requirement above that a member of the Defense Team
25 must be present if Protected Materials are being shown to the defendant. Before being shown any
26 portion of the Protected Materials, however, any witness or potential witness must be informed of the
27 existence of the Protective Order and given a copy of the Protective Order. No witness or potential
28 witness (other than members of the Defense Team) may retain Protected Materials, or any copy thereof,
STIPULATION AND [PROPOSED] PROTECTIVE ORDER 4
Case 2:25-cr-00179-DAD Document 29 Filed 10/08/25 Page 5 of 8
1 after his or her review of those materials with the Defense Team is complete.
2 19. This Order does not limit employees of the United States Attorney’s Office for the
3 Eastern District of California from disclosing the Protected Materials to members of the United States
4 Attorney’s Office, law enforcement agencies, the Court, and defense.
5 20. Defense Counsel shall advise the United States with reasonable notice of any subpoenas,
6 document requests, or claims for access to the Protected Materials by third parties if Defense Counsel is
7 considering disseminating any of the Protected Materials to a third party, so the United States may take
8 action to resist or comply with such demands as it may deem appropriate.
9 D. Ensuring Security of Protected Materials
10 21. The Defense Team shall maintain the Protected Materials safely and securely, and shall
11 exercise reasonable care in ensuring the security and confidentiality of the Protected Materials by storing
12 the Protected Materials in a secure place, such as a locked office, or otherwise secure facility where
13 visitors are not left unescorted.
14 22. A copy of the Protective Order must be stored with the discovery, in paper form or
15 electronically.
16 23. To the extent that Protected Materials, or any copies or reproductions thereof, are stored
17 electronically, the Protected Materials will be stored on a password-protected or encrypted storage
18 medium, including a password-protected computer, or device. Any passwords and encryption keys must
19 be stored securely and not written on the storage media that they unlock.
20 24. If a member of the Defense Team makes, or causes to be made, any further copies of any
21 of the Protected Materials, Defense Counsel will ensure that the following notation is written, stamped,
22 or inscribed on whatever folder, container, or media contains the copies: “PROTECTED MATERIALS-
23 SUBJECT TO PROTECTIVE ORDER.” For example, if Defense Counsel makes a copy of a disc or
24 physical file containing Protected Materials, the duplicate disc or file must be marked with the above
25 notation.
26 E. Filings
27 25. In the event a party needs to file Protected Materials containing PII or materials otherwise
28 identified as containing confidential information of victims, witnesses, or third parties with the Court, or
STIPULATION AND [PROPOSED] PROTECTIVE ORDER 5
Case 2:25-cr-00179-DAD Document 29 Filed 10/08/25 Page 6 of 8
1 disclose PII in court filings, the filing should be made under seal or with all PII or confidential materials
2 redacted. If the Court rejects the request to file such information under seal, the party seeking to file
3 such information shall provide advance written notice to the other party to afford such party an
4 opportunity to object or otherwise respond to such intention. If the other party does not object to the
5 proposed filing, the party seeking to file such information shall redact the PII or confidential materials
6 and make all reasonable attempts to limit the divulging PII or confidential materials.
7 F. Conclusion of Prosecution
8 26. The provisions of this Order shall not terminate at the conclusion of this prosecution. All
9 Protected Materials subject to the Protective Order maintained in the Defense Team’s files shall remain
10 subject to the Protective Order unless and until such Order is modified by the Court.
11 27. Upon final disposition of the case, including exhaustion of direct and collateral appellate
12 proceedings, Defense Counsel shall return the Protected Materials to the government, or certify in
13 writing that the Protected Materials have been destroyed, unless the California Rules of Professional
14 Conduct, as interpreted by the State Bar of California, require Defense Counsel to retain the material for
15 a longer duration of time. The written certification need not be disclosed or produced to the United
16 States unless ordered by the Court.
17 G. Termination or Substitution of Counsel
18 28. In the event there is a substitution of counsel prior to final disposition of the case,
19 new counsel of record must join this Protective Order before any Protected Materials may be transferred
20 from the undersigned defense counsel to the new defense counsel. New defense counsel then will
21 become Defense Counsel for purposes of this Protective Order, and become the Defense Team’s
22 custodian of materials, and shall then become responsible, upon the conclusion of appellate and post-
23 conviction proceedings, for complying with the provisions set forth in this Protective Order. All
24 members of the Defense Team, whether current or past counsel, are at all times subject to the Protective
25 Order and are not relieved by termination of representation or conclusion of the prosecution.
26 H. Redaction of Protected Materials
27 29. Nothing in this Order shall prevent the United States Attorney’s Office from redacting
28 PII or other confidential information in any Protected Materials related to the identity of cooperators and
STIPULATION AND [PROPOSED] PROTECTIVE ORDER 6
Case 2:25-cr-00179-DAD Document 29 Filed 10/08/25 Page 7 of 8
1 informants.
2 I. Modification of Order
3 30. Nothing in this Order shall prevent any party from seeking modification of the Order or
4 from objecting to discovery it otherwise believes to be improper. Nothing in this Order shall prevent
5 any party from seeking a more restrictive protective order with regard to particular discovery items.
6 J. Violation of Order
7 31. Any person who willfully violates this Order may be held in contempt of court and may
8 be subject to monetary or other sanctions as deemed appropriate by the Court. This provision does not
9 expand or narrow the Court’s contempt powers.
10 K. Application of Laws
11 32. Nothing in this Order shall be construed to affect or comment on the admissibility or
12 discoverability of the Protected Materials.
13 33. Nothing in this Order shall be construed to affect the application of and the parties’
14 compliance with the Federal Rules of Criminal Procedure, Local Rules, and applicable statutes.
15
16 Dated: October 7, 2025 ERIC GRANT
United States Attorney
17
/s/ NCHEKUBE ONYIMA
18 NCHEKUBE ONYIMA
Special Assistant U.S. Attorney
19
20 Dated: October 7, 2025 /s/HOOTAN BAIGMOHAMMADI
HOOTAN BAIGMOHAMMADI
21 Counsel for Defendant
Yolanda Buter
22
23 Dated: October 7, 2025 /s/KRESTA DALY
KRESTA DALY
24 Counsel for Defendant
Legerrius Holt
25
Dated: October 7, 2025 /s/MICHAEL HANSEN
26
MICHAEL HANSEN
27 Counsel for Defendant
Quamaine Massey
28
STIPULATION AND [PROPOSED] PROTECTIVE ORDER 7
Case 2:25-cr-00179-DAD Document 29 Filed 10/08/25 Page 8 of 8
1 [PROPOSED] PROTECTIVE ORDER
2 The Court having read and considered the Stipulation and Joint Request for Protective Order,
3 which this Court incorporates by reference into this Order in full, hereby finds that good cause exists to
4 enter the above Order.
5 IT IS SO FOUND AND ORDERED this 7th day of October, 2025
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] PROTECTIVE ORDER 8