Joint Motion for Protective Order — United States v. Denny Bhakta (Document 10, filed December 21, 2021)

Summary

This is a joint motion for a protective order pertaining to pretrial discovery in United States v. Denny Bhakta, filed by the United States and Defendant Denny Bhakta under Rule 16(d). The parties seek to prevent unnecessary disclosure of personally identifiable information and disclosure to certain unrelated third parties. The proposed terms limit discovery to use by the defense solely for these proceedings, require redaction under General Order No. 514, and require the defense to return or destroy all copies of the discovery within 90 days of the conclusion of the proceedings. The motion is signed /s/ Andrew J. Galvin for the United States and /s/ Sandra Resnick for the defendant, dated December 21, 2021.

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         Case 3:21-cr-03352-JLS Document 10 Filed 12/21/21 PageID.53 Page 1 of 3




 1 RANDY S. GROSSMAN
   Acting United States Attorney
 2 ANDREW      J. GALVIN
   Cal Bar No. 261925
 3 Assistant U.S. Attorney
   Federal Office Building
 4 880 Front Street, Room 6293
   San Diego, California 92101-8893
 5 Tel: (619) 546-9721
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                             UNITED STATES DISTRICT COURT
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                           SOUTHERN DISTRICT OF CALIFORNIA
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      UNITED STATES OF AMERICA,                        Case No. 21-CR-3352-JLS
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13                         Plaintiff,                  JOINT MOTION FOR
                                                       PROTECTIVE ORDER
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                v.
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16    DENNY BHAKTA

17                         Defendant.

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              The parties, Plaintiff United States of America, by and through its counsel Randy S.
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     Grossman, Acting United States Attorney, and Andrew J. Galvin, Assistant United States
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     Attorney, and Defendant Denny Bhakta, by and through his counsel, Sandra Resnick,
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     hereby jointly move the Court, pursuant to Rule 16(d) of the Federal Rules of Criminal
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     Procedure, to enter a protective order pertaining to pretrial discovery. The parties seek a
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     protective order to prevent unnecessary disclosure of personally identifiable information
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     and disclosure to certain unrelated third parties. Accordingly, the parties jointly agree to
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     the following:
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     4817-4781-8190.1
       Case 3:21-cr-03352-JLS Document 10 Filed 12/21/21 PageID.54 Page 2 of 3




 1         1.    Any discoverable documents that were filed under seal are unsealed for the
 2 limited purpose of allowing the United States to provide them to the defendant and defense
 3 counsel (“the defense”) in discovery.
 4         2.    All discovery produced by the United States in this case is for use by the
 5 defense solely for purposes of these proceedings, including investigating, preparing for
 6 trial, trial, and any appeals of this matter, and for no other purpose.
 7         3.    The defense may not distribute, disseminate, disclose, or exhibit discovery
 8 materials to any person who is not a part of the defense, except as further set forth herein.
 9         4.    The defense shall take all reasonable steps to: (a) maintain the confidentiality
10 of the discovery, and (b) safeguard the discovery produced in this case.
11         5.    The defense may show witnesses not part of the defense, and their attorneys,
12 discovery materials as necessary for the preparation of the defense but may not give copies
13 or the materials to witnesses absent further order of the Court pursuant to an ex parte
14 application by Defendant.
15         6.    To the extent that any of the criminal discovery materials contain any
16 individual’s personal information within the meaning of General Order No. 514 of the
17 United States District Court for the Southern District of California (“General Order No.
18 514”), the parties shall redact any filings referencing or containing said materials in a
19 manner consistent with General Order No. 514.
20         7.    The defense shall return to the United States or destroy all copies of the
21 discovery within 90 days of the conclusion of the proceedings in the above-referenced case,
22 including any appeal.
23         8.    To the extent that any criminal discovery materials were filed with the court
24 under seal, the defense shall file a motion to unseal the documents with notice to the United
25 States before any pleadings or exhibits referencing or containing said materials may be
26 publicly filed.
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                                                                                    21-CR-3352-JLS
       Case 3:21-cr-03352-JLS Document 10 Filed 12/21/21 PageID.55 Page 3 of 3




 1        9.     If defense counsel withdraws or is disqualified from participation in this case,
 2 the defense shall return to the United States or destroy any discovery produced pursuant to
 3 this order within 10 days.
 4        10.    Each counsel of record shall ensure that every member of his/her team is
 5 advised of this order and agrees to be bound by its terms.
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 7 DATED: December 21, 2021                Respectfully Submitted,
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                                           RANDY S. GROSSMAN
 9                                         Acting United States Attorney
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                                           /s/ Andrew J. Galvin
11                                         ANDREW J. GALVIN
                                           Assistant United States Attorney
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     DATED: December 21, 2021              /s/ Sandra Resnick
14                                         SANDRA RESNICK
                                           Attorney for Defendant
15                                         DENNY BHAKTA
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                                                                                    21-CR-3352-JLS


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