Protective Order — United States v. Denny Bhakta (Southern District of California, Document 11)

Summary

This is a Protective Order in United States v. Denny Bhakta, entered pursuant to the joint motion of the parties, Federal Rule of Criminal Procedure 16(d), and General Order No. 514 of the Southern District of California. It unseals discoverable documents for the limited purpose of allowing the United States to provide them in discovery to the defense. Discovery is for use by the Defense solely for these proceedings, and the Defense may not distribute it to anyone not part of the Defense except as set forth. The order requires redaction consistent with General Order No. 514 and requires the Defense to return or destroy the discovery within 90 days of the conclusion of the proceedings, including any appeal. It is dated December 21, 2021.

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       Case 3:21-cr-03352-JLS Document 11 Filed 12/21/21 PageID.56 Page 1 of 3




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 8                         UNITED STATES DISTRICT COURT
 9                       SOUTHERN DISTRICT OF CALIFORNIA
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     UNITED STATES OF AMERICA,                         Case No. 21-CR-3352-JLS
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                         Plaintiff,                    PROTECTIVE ORDER
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            v.
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     DENNY BHAKTA
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15                       Defendant.

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17         Pursuant to the joint motion of the parties, Federal Rule of Criminal Procedure
18 16(d), and General Order No. 514 of the United States District Court for the Southern
19 District of California (“General Order No. 514”), it is hereby ORDERED as follows:
20         1.     Any discoverable documents that were filed under seal are unsealed for the
21 limited purpose of allowing the United States to provide them in discovery to each
22 defendant that is a party to this Joint Motion; each defendant’s counsel; and any
23 investigator, expert, or consultant hired by a defendant’s counsel to facilitate the
24 defendant’s defense, investigate the Government’s claims in this matter, and/or develop
25 mitigation for the benefit of the defendant (collectively, the “Defense”).
26         2.     All discovery produced by the United States in this case is for use by the
27 Defense solely for purposes of these proceedings, including investigating, preparing for
28 trial, trial, and any appeals of this matter, and for no other purpose.
           Case 3:21-cr-03352-JLS Document 11 Filed 12/21/21 PageID.57 Page 2 of 3




 1            3.    The Defense may not distribute, disseminate, disclose, or exhibit discovery
 2 materials to any person who is not a part of the Defense, except as further set forth herein.
 3            4.    The Defense shall take all reasonable steps to: (a) maintain the confidentiality
 4 of the discovery, and (b) safeguard the discovery produced in this case.
 5            5.    The Defense may show witnesses not part of the Defense, and their attorneys,
 6 discovery materials as necessary for the preparation of the defense but may not give copies
 7 or the materials to witnesses absent further order of the Court pursuant to an ex parte
 8 application by Defendant.
 9            6.    To the extent that any of the criminal discovery materials contain any
10 individual’s personal information within the meaning of General Order No. 514 of the
11 United States District Court for the Southern District of California (“General Order No.
12 514”), the parties shall redact any filings referencing or containing said materials in a
13 manner consistent with General Order No. 514.
14            7.    The Defense shall return to the United States or destroy any and all copies of
15 the discovery within 90 days of the conclusion of the proceedings in the above-referenced
16 case, which proceedings include any appeal.
17            8.    To the extent that any criminal discovery materials were filed with the court
18 under seal, the Defense shall file a motion to unseal the documents with notice to the United
19 States before any pleadings or exhibits referencing or containing said materials may be
20 publically filed.
21            9.    If defense counsel withdraws or is disqualified from participation in this case,
22 the defense shall return to the United States or destroy any discovery produced pursuant to
23 this order within 30 days.
24 / / /
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27 / / /
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                                                                                       21-CR-3352-JLS
       Case 3:21-cr-03352-JLS Document 11 Filed 12/21/21 PageID.58 Page 3 of 3




 1        10.    Each counsel of record shall ensure that every member of his/her team is
 2 advised of this order and agrees to be bound by its terms.
 3        SO ORDERED.
 4 Dated: December 21, 2021
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                                                                              21-CR-3352-JLS


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