Pandemic Darlings The pandemic economy, in original documents
Home Source documents Court filing — No. 2:25-cr-00179 (Dkt. 29, E.D. Cal.)

Court filing — No. 2:25-cr-00179 (Dkt. 29, E.D. Cal.)

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


File and source

File
29.pdf
Size
186,162 bytes
SHA-256
e89411cdeb3dc2bfe422dc92a8cc67614533e5bdf46d3bff854be4cfd514b65f
Our copy
29.pdf
Original
archive.org
Back to top