Stipulation Between the Parties Regarding Protected Information — United States v. Sholanda Thomas

Summary

A Stipulation Between the Parties Regarding Protected Information and the resulting Protective Order in United States v. Sholanda Thomas (aka "Astro" or "Stro"), Case No. 1:20-CR-00253-DAD-BAM, in the U.S. District Court for the Eastern District of California, filed September 27, 2021 as Document 42. The parties state that discovery contains Social Security numbers, dates of birth, bank accounts and residential addresses, and agree to a protective order under Rule 16(d) of the Federal Rules of Criminal Procedure. Defense counsel may show the defendant unredacted documents but may not let the defendant copy Protected Information, and discovery may be used only for this case. The stipulation is signed by counsel Melissa Baloian and Joseph Barton, and Magistrate Judge Barbara A. McAuliffe approves it the same day.

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           Case 1:20-cr-00253-DAD-BAM Document 42 Filed 09/27/21 Page 1 of 4

 1 PHILLIP A. TALBET
   Acting United States Attorney
 2 JOSEPH D. BARTON
   Assistant United States Attorney
 3 2500 Tulare Street, Suite 4401
   Fresno, CA 93721
 4 Telephone: (559) 497-4000
   Facsimile: (559) 497-4099
 5

 6 Attorneys for Plaintiff
   United States of America
 7

 8                                 IN THE UNITED STATES DISTRICT COURT

 9                                   EASTERN DISTRICT OF CALIFORNIA

10
     UNITED STATES OF AMERICA,                            CASE NO. 1:20-CR-00253-DAD-BAM
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                                   Plaintiff,             STIPULATION BETWEEN THE PARTIES
12                                                        REGARDING PROTECTED INFORMATION
                            v.
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     SHOLANDA THOMAS (aka “Astro” or “Stro”),
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                                   Defendant.
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18          WHEREAS, the discovery in this case contains a large amount of personal information including

19 but not limited to Social Security numbers, dates of birth, bank accounts, residential addresses and other

20 personal information (“Protected Information”); and

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            WHEREAS, the parties desire to avoid both the necessity of large scale redactions and the
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     unauthorized disclosure or dissemination of this information to anyone not a party to the court
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     proceedings in this matter;
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            The parties agree that entry of a stipulated protective order is appropriate.
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            THEREFORE, defendant SHOLANDA THOMAS, by and through her counsel of record
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     (“Defense Counsel”), and plaintiff the UNITED STATES, by and through its counsel of record, hereby
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28 agree and stipulate as follows:


      STIPULATION AND ORDER                               1
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           Case 1:20-cr-00253-DAD-BAM Document 42 Filed 09/27/21 Page 2 of 4

 1          1.      This Court may enter a protective order pursuant to Rule 16(d) of the Federal Rules of

 2 Criminal Procedure, and its general supervisory authority.

 3          2.      This Order pertains to all discovery provided to or made available to Defense Counsel as
 4 part of discovery in this case (hereafter, collectively known as “the discovery”).

 5          3.      By signing this Stipulation, Defense Counsel agrees not to share any documents that
 6 contain Protected Information with anyone other than Defense Counsel and designated defense

 7 investigators and support staff. Defense Counsel may permit the defendant to view unredacted

 8 documents in the presence of her attorney, defense investigators, and support staff. The parties agree

 9 that Defense Counsel, defense investigators, and support staff shall not allow the defendant to copy

10 Protected Information contained in the discovery. The parties agree that Defense Counsel, defense

11 investigators, and support staff may provide the defendant with copies of documents from which

12 Protected Information has been redacted.

13          4.      The discovery and information therein may be used only in connection with the litigation
14 of this case and for no other purpose. The discovery is now and will forever remain the property of the

15 Government. Defense Counsel will return the discovery to the Government or certify that it has been

16 destroyed at the conclusion of the case.

17          5.      Defense Counsel will store the discovery in a secure place and will use reasonable care to
18 ensure that it is not disclosed to third persons in violation of this agreement.

19          6.      Defense Counsel shall be responsible for advising the defendant, as well as Defense
20 Counsel’s employees, other members of the defense team, and defense witnesses, of the contents of this

21 Stipulation and Order.

22          7.      In the event that the defendant substitutes counsel, undersigned Defense Counsel agrees
23 to withhold discovery from any new counsel unless and until substituted counsel agrees also to be bound

24 by this Stipulation and Order.

25 ///

26 ///
27 ///

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      STIPULATION AND ORDER                               2
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         Case 1:20-cr-00253-DAD-BAM Document 42 Filed 09/27/21 Page 3 of 4

 1        IT IS SO STIPULATED.

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 3 DATED: September 27, 2021

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 5                                          /s/ Melissa Baloian
                                            MELISSA BALOIAN
 6                                          COUNSEL FOR SHOLANDA THOMAS
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                                            /s/ Joseph Barton
 9                                          JOSEPH BARTON
                                            COUNSEL FOR UNITED STATES
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     STIPULATION AND ORDER                 3
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          Case 1:20-cr-00253-DAD-BAM Document 42 Filed 09/27/21 Page 4 of 4

 1 PHILLIP A. TALBERT
   Acting United States Attorney
 2 JOSEPH D. BARTON
   Assistant United States Attorney
 3 2500 Tulare Street, Suite 4401
   Fresno, CA 93721
 4 Telephone: (559) 497-4000
   Facsimile: (559) 497-4099
 5

 6 Attorneys for Plaintiff
   United States of America
 7

 8                             IN THE UNITED STATES DISTRICT COURT

 9                               EASTERN DISTRICT OF CALIFORNIA

10
     UNITED STATES OF AMERICA,                       CASE NO. 1:20-CR-00253-DAD-BAM
11
                                Plaintiff,           PROTECTIVE ORDER BETWEEN THE
12                                                   PARTIES REGARDING PROTECTED
                          v.                         INFORMATION
13
     SHOLANDA THOMAS (aka “Astro” or “Stro”)
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                               Defendant.
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17                                                ORDER
18         For good cause shown, the stipulation between counsel dated September 27, 2021, in Case No.
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     1:20-CR-00253-DAD-BAM as to SHOLANDA THOMAS, regarding discovery and treatment of
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     Protected Information is approved. IT IS SO ORDERED.
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     IT IS SO ORDERED.
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24      Dated:   September 27, 2021                      /s/ Barbara A. McAuliffe            _
                                                   UNITED STATES MAGISTRATE JUDGE
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      STIPULATION AND ORDER                          4
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