Proposed Protective Order Regarding Discovery Containing Personal Identifying Information and Privacy Act Information — United States v. Kerwin Aldric Jordan (Dkt. 20)
Summary
This second proposed protective order for discovery containing personal identifying information and Privacy Act information is filed 12/03/25 in United States v. Kerwin Aldric Jordan, No. 2:25-cr-801-SVW. It recites the same stipulation of November 14, 2025, and says the discovery relates to alleged crimes of aiding and assisting in the preparation of a false tax return and wire fraud. Confidential Information may be used solely to prepare for pretrial motions, plea negotiations, trial, sentencing, and appellate and post-conviction proceedings. New defense counsel must agree in writing to be bound before receiving it. The date line reads December 3, 2025, above Honorable Stephen V. Wilson.
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“Proposed Protective Order Regarding Discovery Containing Personal Identifying Information and Privacy Act Information — United States v. Kerwin Aldric Jordan (Dkt. 20).”
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Case 2:25-cr-00801-SVW Document 20 Filed 12/03/25 Page 1 of 7 Page ID #:121
1 BILAL A. ESSAYLI
First Assistant United States Attorney
2 ALEXANDER B. SCHWAB
Assistant United States Attorney
3 Acting Chief, Criminal Division
RANEE A. KATZENSTEIN (Cal. Bar No. 187111)
4 Assistant United States Attorney
Acting Deputy Chief, Criminal Appeals Section
5 1000 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-2432
7 E-mail: ranee.katzenstein@usdoj.gov
8 Attorneys for Plaintiff
UNITED STATES OF AMERICA
9
10 UNITED STATES DISTRICT COURT
11 FOR THE CENTRAL DISTRICT OF CALIFORNIA
12 UNITED STATES OF AMERICA, No. 2:25-cr-801-SVW
13 Plaintiff, [PROPOSED] PROTECTIVE ORDER
REGARDING DISCOVERY CONTAINING
14 v. PERSONAL IDENTIFYING INFORMATION
AND PRIVACY ACT INFORMATION
15 KERWIN ALDRIC JORDAN,
16 Defendant.
17
18
The Court has read and considered the parties’ Stipulation for
19
a Protective Order Regarding Discovery Containing Personal
20
Identifying Information and Privacy Act Information, filed by the
21
government and defendant Kerwin Aldric Jordan (“defendant”) in this
22
matter on November 14, 2025, which this Court incorporates by
23
reference into this order, and FOR GOOD CAUSE SHOWN the Court hereby
24
FINDS AND ORDERS as follows:
25
1. The government’s discovery in this case relates to
26
defendant’s alleged crimes, that is, violations of 26 U.S.C.
27
§ 7206(2): Aiding and Assisting in the Preparation of a False Tax
28
Return; and 18 U.S.C. § 1343: Wire Fraud.
Case 2:25-cr-00801-SVW Document 20 Filed 12/03/25 Page 2 of 7 Page ID #:122
1 2. A protective order for the discovery is necessary so that
2 the government can produce to the defense materials containing third
3 parties’ PII. The Court finds that disclosure of this information
4 without limitation risks the privacy and security of the
5 information’s legitimate owners. Because the government has an
6 ongoing obligation to protect third parties’ PII, the government
7 cannot produce to defendant an unredacted set of discovery
8 containing this information without this Court entering the
9 Protective Order. Moreover, PII makes up a significant part of the
10 discovery in this case and such information itself, in many
11 instances, has evidentiary value. If the government were to attempt
12 to redact all this information in strict compliance with Federal
13 Rule of Criminal Procedure 49.1, the Central District of
14 California’s Local Rules regarding redaction, and the Privacy Policy
15 of the United States Judicial Conference, the defense would receive
16 a set of discovery that would be highly confusing and difficult to
17 understand, and it would be challenging for defense counsel to
18 adequately evaluate the case, provide advice to defendant, or
19 prepare for trial.
20 3. An order is also necessary because the government intends
21 to produce to the defense materials that may contain information
22 within the scope of the Privacy Act, 5 U.S.C. § 552a (“Privacy Act
23 Information”). The Court finds that, to the extent that these
24 materials contain Privacy Act information, disclosure is authorized
25 pursuant to 5 U.S.C. § 552a(b)(11).
26 4. The purpose of this Protective Order is therefore to
27 (a) allow the government to comply with its discovery obligations
28 while protecting this sensitive information from unauthorized
2
Case 2:25-cr-00801-SVW Document 20 Filed 12/03/25 Page 3 of 7 Page ID #:123
1 dissemination, and (b) provide the defense with sufficient
2 information to adequately represent defendant.
3 5. Accordingly, the discovery that the government will
4 provide to defense counsel in the above-captioned case will be
5 subject to this Protective Order, as follows:
6 a. As used herein, “PII Materials” includes any
7 information that can be used to identify a person, including a name,
8 address, date of birth, Social Security number, driver’s license
9 number, telephone number, account number, email address, or personal
10 identification number.
11 b. “Confidential Information” refers to any document or
12 information containing PII Materials that the government produces to
13 the defense pursuant to this Protective Order and any copies
14 thereof.
15 c. “Defense Team” includes (1) defendant’s counsel of
16 record (“defense counsel”); (2) other attorneys at defense counsel’s
17 law firm who may be consulted regarding case strategy in this case;
18 (3) defense investigators who are assisting defense counsel with
19 this case; (4) retained experts or potential experts; and
20 (5) paralegals, legal assistants, and other support staff to defense
21 counsel who are providing assistance on this case. The Defense Team
22 does not include defendant, defendant’s family members, or any other
23 associates of defendant.
24 d. The government is authorized to provide defense
25 counsel with Confidential Information marked with the following
26 legend: “CONFIDENTIAL INFORMATION -- CONTENTS SUBJECT TO PROTECTIVE
27 ORDER.” The government may put that legend on the digital medium
28 (such as DVD or hard drive) or simply label a digital folder on the
3
Case 2:25-cr-00801-SVW Document 20 Filed 12/03/25 Page 4 of 7 Page ID #:124
1 digital medium to cover the content of that digital folder. The
2 government may also redact any PII contained in the production of
3 Confidential Information.
4 e. If defendant objects to a designation that material
5 contains Confidential Information, the parties shall meet and
6 confer. If the parties cannot reach an agreement regarding
7 defendant’s objection, defendant may apply to this Court to have the
8 designation removed.
9 f. Defendant and the Defense Team shall use the
10 Confidential Information solely to prepare for any pretrial motions,
11 plea negotiations, trial, and sentencing hearing in this case, as
12 well as any appellate and post-conviction proceedings.
13 g. The Defense Team shall not permit anyone other than
14 the Defense Team to have possession of Confidential Information,
15 including defendant, while outside the presence of the Defense Team.
16 h. At no time, under no circumstance, will any
17 Confidential Information be left in the possession, custody, or
18 control of defendant, regardless of defendant’s custody status.
19 i. Defendant may review PII Materials only in the
20 presence of a member of the Defense Team, who shall ensure that
21 defendant is never left alone with any PII Materials. At the
22 conclusion of any meeting with defendant at which defendant is
23 permitted to view PII Materials, defendant must return any PII
24 Materials to the Defense Team, and the member of the Defense Team
25 present shall take all such materials with him or her. Defendant
26 may not take any PII Materials out of the room in which defendant is
27 meeting with the Defense Team.
28
4
Case 2:25-cr-00801-SVW Document 20 Filed 12/03/25 Page 5 of 7 Page ID #:125
1 j. Defendant may see and review Confidential Information
2 as permitted by this Protective Order, but defendant may not copy,
3 keep, maintain, or otherwise possess any Confidential Information in
4 this case at any time. Defendant also may not write down or record
5 any data or information contained in the Confidential Information.
6 k. The Defense Team may review Confidential Information
7 with a witness or potential witness in this case, including
8 defendant. A member of the Defense Team must be present if PII
9 Materials are being shown to a witness or potential witness. No
10 member of the Defense Team shall permit a witness or potential
11 witness to retain Confidential Information or any notes generated
12 from Confidential Information.
13 l. The Defense Team shall maintain Confidential
14 Information safely and securely, and shall exercise reasonable care
15 in ensuring the confidentiality of those materials by (1) not
16 permitting anyone other than members of the Defense Team, defendant,
17 witnesses, and potential witnesses, as restricted above, to see
18 Confidential Information; (2) not divulging to anyone other than
19 members of the Defense Team, defendant, witnesses, and potential
20 witnesses, the contents of Confidential Information; and (3) not
21 permitting Confidential Information to be outside the Defense Team’s
22 offices, homes, vehicles, or personal presence.
23 m. To the extent that defendant, the Defense Team,
24 witnesses, or potential witnesses create notes that contain, in
25 whole or in part, Confidential Information, or to the extent that
26 copies are made for authorized use by members of the Defense Team,
27 such notes, copies, or reproductions become Confidential Information
28
5
Case 2:25-cr-00801-SVW Document 20 Filed 12/03/25 Page 6 of 7 Page ID #:126
1 subject to the Protective Order and must be handled in accordance
2 with the terms of the Protective Order.
3 n. The Defense Team shall use Confidential Information
4 only for the litigation of this matter and for no other purpose.
5 Litigation of this matter includes any appeal filed by defendant and
6 any motion filed by defendant pursuant to 28 U.S.C. § 2255. In the
7 event that a party needs to file Confidential Information with the
8 Court or divulge the contents of Confidential Information in court
9 filings, the filing should be made under seal. If the Court rejects
10 the request to file such information under seal, the party seeking
11 to file such information publicly shall provide advance written
12 notice to the other party to afford such party an opportunity to
13 object or otherwise respond to such intention. If the other party
14 does not object to the proposed filing, the party seeking to file
15 such information shall redact any PII Materials and make all
16 reasonable attempts to limit the divulging of PII Materials.
17 o. Any Confidential Information inadvertently produced
18 in the course of discovery prior to entry of the Protective Order
19 shall be subject to the terms of this Protective Order. If
20 Confidential Information was inadvertently produced prior to entry
21 of the Protective Order without being marked “CONFIDENTIAL
22 INFORMATION -- CONTENTS SUBJECT TO PROTECTIVE ORDER,” the government
23 shall reproduce the material with the correct designation and notify
24 defense counsel of the error. The Defense Team shall take immediate
25 steps to destroy the unmarked material, including any copies.
26 p. Confidential Information shall not be used by any
27 member of the defense team, in any way, in any other matter, absent
28 an order by this Court. All materials designated subject to the
6
Case 2:25-cr-00801-SVW Document 20 Filed 12/03/25 Page 7 of 7 Page ID #:127
1 Protective Order maintained in the Defense Team’s files shall remain
2 subject to the Protective Order unless and until such order is
3 modified by this Court.
4 q. In the event that there is a substitution of counsel
5 prior to when such documents must be returned, new defense counsel
6 must be informed of, and agree in writing to be bound by, the
7 requirements of the Protective Order before defense counsel
8 transfers any Confidential Information to the new defense counsel.
9 New defense counsel’s written agreement to be bound by the terms of
10 the Protective Order must be returned to the Assistant U.S. Attorney
11 assigned to the case. New defense counsel then will become the
12 Defense Team’s custodian of materials designated subject to the
13 Protective Order.
14 r. Defense counsel shall advise defendant and all
15 members of the Defense Team of their obligations under the
16 Protective Order and ensure their agreement to follow the Protective
17 Order, prior to providing defendant and members of the Defense Team
18 with access to any materials subject to the Protective Order.
19 IT IS SO ORDERED.
20
December 3, 2025
21 DATE HONORABLE STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE
22
23 Presented by:
24
/s/
25 RANEE A. KATZENSTEIN
Assistant United States Attorney
26
27
28
7
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