Protective Order Governing Discovery — No. 3:25-cr-00163 (Dkt. 28-1, D.P.R.)

Summary

An unsigned Protective Order Governing Discovery, Document 28-1, filed April 7, 2025 in United States v. Edgardo Navarro Suarez, et al., No. 25-cr-163 (CVR), in the U.S. District Court for the District of Puerto Rico. Under Fed. R. Crim. P. 16(d), it states that its purpose is to expedite the flow of discovery and protect personal identity information, witness security, financial data and non-party proprietary commercial information. The materials may be used by the defendants and defense counsel solely for the defense, may be shown to authorized persons including independent expert witnesses, investigators, consultants and vendors, and must be destroyed or returned to the United States at the end of the case. A section on Sensitive Materials covers personal identity information under Rule 49.1. The date line is blank above the name of Judge Camille L. Vélez-Rivé.

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“Protective Order Governing Discovery — No. 3:25-cr-00163 (Dkt. 28-1, D.P.R.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/protective-order-governing-discovery-no-3-25-cr-00163-dkt-28-1-d-p-r-f9c8cf17bc/, SHA-256 e77ed2850af661e942dcd61680e9221fcae9ee7f9d53577e74e82dacc20c1330.

Full text

Case 3:25-cr-00163-CVR Document 28-1 Filed 04/07/25 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

UNITED STATES OF AMERICA,

v.
No.: 25-cr-163 (CVR)
[1] EDGARDO NAVARRO SUAREZ, et al.

Defendants.

PROTECTIVE ORDER GOVERNING DISCOVERY

To expedite the flow of discovery material between the parties and adequately protect

personal identity information, witness security, financial data, and non-party proprietary

commercial information, all entitled to be kept confidential, it is, pursuant to the Court’s

authority under Fed. R. Crim. P. 16(d), ORDERED:

All Materials

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 (collectively, the “Materials”) are

subject to this protective order (the “Order”) and may be used by the defendants and defense

counsel (defined as counsel of record in this case) solely in connection with the defense of this

criminal case, and for no other purpose, and in connection with no other proceeding, without

further order of this Court.

2. The defendants and defense counsel shall not disclose the Materials or their

contents directly or indirectly to any person or entity other than: (i) persons employed to assist in

the defense, including independent expert witnesses, expert advisors, investigators, consultants,

and vendors; (ii) persons who are deemed as potential witnesses by defense counsel, as well as

counsel for potential witnesses, and, (iii) such other persons to whom disclosure may be

authorized by agreement, in writing, by the parties, or to whom the Court may authorize
Case 3:25-cr-00163-CVR Document 28-1 Filed 04/07/25 Page 2 of 4

Protective Order Governing Discovery
No. 25-cr-163 (CVR)
Page 2 of 4

disclosure (collectively, “Authorized Persons”). Potential witnesses and their counsel may be

shown copies of the Materials as necessary to prepare the defense, but may not retain copies

without prior permission of the Court. Authorized Persons shall store the Materials in at least the

same precautionary manner as defense counsel would normally store sensitive or privileged

client information.

3. The defendants, defense counsel, and Authorized Persons shall not copy or

reproduce the Materials except in order to provide copies of the Materials for use in connection

with this case by defendants, defense counsel, and Authorized Persons. Such copies and

reproductions shall be treated in the same manner as the original materials. The defendants,

defense counsel, and Authorized Persons shall not disclose any notes or records of any kind that

they make in relation to the contents of the Materials, other than to Authorized Persons, and all

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

4. Before providing materials to an Authorized Person, defense counsel must

provide the Authorized Person with a copy of this Order.

5. Upon conclusion of all stages of this case, all of the Materials and all copies made

thereof shall be destroyed or returned to the United States, unless otherwise ordered by the

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

6. The restrictions set forth in this Order do not apply to documents that are or

become part of the public court record, including documents that have been received in evidence

at other trials, nor do the restrictions in this Order limit defense counsel in the use of discovery

materials in judicial proceedings in this case, except as described below.
Case 3:25-cr-00163-CVR Document 28-1 Filed 04/07/25 Page 3 of 4

Protective Order Governing Discovery
No.: 25-cr-163 (CVR)
Page 3 of 4

Sensitive Materials

7. The United States may produce materials containing personal identity information

as identified in Rule 49.1 of the Federal Rules of Criminal Procedure (“Sensitive Materials”) to

defense counsel, pursuant to the defendants’ discovery requests. Sensitive Materials shall be

plainly marked as “Sensitive” by the United States prior to disclosure.

8. No Sensitive Materials, or the information contained therein, may be disclosed to

any persons other than the defendants, defense counsel, Authorized Persons, or the person to

whom the sensitive information solely and directly pertains, without prior notice to the United

States and authorization from the Court. Absent prior permission from the Court, information

marked as “Sensitive” shall not be included in any public filing with the Court, and instead shall

be submitted under seal (except if the defendant chooses to include in a public document

sensitive information relating solely and directly to the defendants).

10. The procedures for use of designated Sensitive Materials during any hearing or

the trial of this matter shall be determined by the parties and the Court in advance of the hearing

or trial. No party shall disclose designated confidential documents in open court without prior

authorization by the court or consent of all parties.

11. The Clerk shall accept for filing under seal any documents or filings so marked by

the parties pursuant to the above paragraphs.

Scope of this Order

12. Modification Permitted. Nothing in this Order shall prevent any party from

seeking modification of this Order or from objecting to discovery that it believes to be otherwise

improper.
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Protective Order Governing Discovery
No.: 25-cr-163 (CVR)
Page 4 of 4

13. No Waiver. The failure by the United States to designate any materials as

“Sensitive” upon disclosure shall not constitute a waiver of the United States’ ability to later

designate the materials as “Sensitive”.

14. No Ruling on Discoverability or Admissibility. This Order does not constitute

a ruling on the question of whether any particular material is properly discoverable or admissible

and does not constitute any ruling on any potential objection to the discoverability of any

material.

SO ORDERED this _____ day of _______, 2025.

________________________________________
HONORABLE CAMILLE L. VELÉZ-RIVÉ
UNITED STATES DISTRICT JUDGE

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