Protective Order Governing Discovery — No. 1:23-cr-00011 (Dkt. 23, N.D. Ill.)

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A Protective Order Governing Discovery, Document 23, dated June 20, 2023 in United States v. Kimberly Ray-Duncan, No. 23 CR 11, before Judge John Robert Blakey in the U.S. District Court for the Northern District of Illinois, Eastern Division. Entered on the government's unopposed motion under Fed. R. Crim. P. 16(d), it applies to materials marked sensitive and limits their use by the defendant and counsel to the defense of the case. Defense counsel must obtain a signed statement from each authorized person agreeing to be bound, keep the statements for twelve months after the case concludes and give copies to the Court on request. Filings about the content of the sensitive materials should be made preliminarily under seal, and the order's restrictions do not apply to the public court record, subject to redaction of PII under the local rules.

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     Case: 1:23-cr-00011 Document #: 23 Filed: 06/20/23 Page 1 of 4 PageID #:80




                        UNITED STATES DISTRICT COURT
                        NORTHERN DISTRICT OF ILLINOIS
                             EASTERN DIVISION

 UNITED STATES OF AMERICA
                                                No. 23 CR 11
                v.
                                                Judge John Robert Blakey
 KIMBERLY RAY-DUNCAN


                PROTECTIVE ORDER GOVERNING DISCOVERY

         Upon the unopposed motion of the government, pursuant to Fed. R. Crim. P.

16(d), it is hereby ORDERED:

         1.    All of the materials provided by the United States in preparation for, or

in connection with, any stage of the proceedings in this case which are marked

“sensitive” (collectively, “the sensitive materials”) are subject to this protective order

and may be used by defendant and defendant’s counsel (defined as counsel of record

in this case) solely in connection with the defense of this case, and for no other

purpose, and in connection with no other proceeding, without further order of this

Court.

         2.    Defendant and defendant’s counsel shall not disclose the sensitive

materials or their contents directly or indirectly to any person or entity other than:

               a.    Persons employed to assist in the defense;

               b.    Persons who are interviewed by defense counsel (or individual(s)

employed by defense counsel) as potential witnesses;

               c.    Counsel for potential witnesses; and
     Case: 1:23-cr-00011 Document #: 23 Filed: 06/20/23 Page 2 of 4 PageID #:81




             d.       Other persons to whom the Court may authorize disclosure

(collectively, “authorized persons”).

Potential witnesses and their counsel may be shown copies of the sensitive materials

as necessary to prepare the defense, but may not retain copies without prior

permission of the Court.

      3.     Defendant, defendant’s counsel, and authorized persons shall not copy

or reproduce the sensitive materials except in order to provide copies of the materials

for use in connection with this case by defendant, defendant’s counsel, and authorized

persons. Such copies and reproductions shall be treated in the same manner as the

original materials.

      4.     Defendant, defendant’s counsel, and authorized persons shall not

disclose any notes or records of any kind that they make in relation to the contents of

the sensitive materials, other than to authorized persons, and all such notes or

records are to be treated in the same manner as the original materials.

      5.     Before providing sensitive materials to an authorized person, defense

counsel must provide the authorized person with a copy of this Order and require the

authorized person to sign a statement acknowledging that the authorized person has

received a copy of and reviewed this Order, and has agreed to be bound by its terms

and conditions subject to sanctioning by the Court for any violations of this Order.

Defense counsel shall maintain a copy of the signed statement of each authorized

person for a period of twelve months after the conclusion of all stages of this case, and


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     Case: 1:23-cr-00011 Document #: 23 Filed: 06/20/23 Page 3 of 4 PageID #:82




shall provide copies of the signed statement of each authorized person to the Court

upon request.

      6.     Upon conclusion of all stages of this case, all of the sensitive materials

and all copies made thereof shall be disposed of in one of three ways, unless otherwise

ordered by the Court. The materials may be (1) destroyed; (2) returned to the United

States; or (3) retained by the defendant or in defense counsel’s case file. The Court

may require a certification as to the disposition of any such sensitive materials.

      7.     In the event that the sensitive materials are retained by defendant or

defense counsel, the restrictions of this Order continue in effect for as long as the

sensitive materials are so maintained, and the sensitive materials may not be

disseminated or used in connection with any other matter without further order of

the Court.

      8.     To the extent any sensitive material is produced by the United States to

defendant or defendant’s counsel by mistake, the United States shall have the right

to request the return of the sensitive material and shall do so in writing. Within five

days of the receipt of such a request, defendant and/or defendant’s counsel shall

return all such material if in hard copy, and in the case of electronic materials, shall

certify in writing that all copies of the specified material have been deleted from any

location in which the material was stored.




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     Case: 1:23-cr-00011 Document #: 23 Filed: 06/20/23 Page 4 of 4 PageID #:83




       9.       Any filing concerning the content of the sensitive materials, or

discussion of the sensitive materials on the public record, should be made

preliminarily under seal.

       10.      The restrictions set forth in this Order do not apply to documents that

are or become part of the public court record, subject to redaction of PII pursuant to

this Court’s local rules or further order of the Court, nor do the restrictions in this

Order limit defense counsel in the use of discovery materials in judicial proceedings

in this case.

       11.      Nothing contained in this Order shall preclude any party from applying

to this Court for further relief or for modification of any provision hereof.

                                         ENTER:


                                         JOHN ROBERT BLAKEY
                                         District Judge
                                         United States District Court
                                         Northern District of Illinois

Date: 6/20/2023




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