Protective Order — No. 2:24-cr-00057 (Dkt. 35, E.D. Wash.)

Summary

A Protective Order, ECF No. 35, filed May 21, 2024 in United States v. Pavel Ivanovich Turlak, PT Express LLC, Spokane Truck Service LLC, Pauls Trans LLC, Ryan Hugh Milliken and Hardway Solutions, LLC, Case No. 2:24-CR-0057-TOR, in the U.S. District Court for the Eastern District of Washington. It grants the United States' unopposed motion and regulates disclosure of discovery containing sensitive information to defense counsel. Counsel may disclose the sensitive information only to clients, staff, investigators, vendors, consultants and anticipated witnesses as needed. Discovery on USA File Exchange may be downloaded and must be kept on password-protected or encrypted storage, with printed copies kept in a secure place. Counsel keep lists of people given access, destroy copies after a final order and appeals except in closed files, and report violations to the Court.

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       Case 2:24-cr-00057-TOR        ECF No. 35   filed 05/21/24   PageID.160 Page 1 of 3




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                        UNITED STATES DISTRICT COURT
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                   FOR THE EASTERN DISTRICT OF WASHINGTON
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 8   UNITED STATES OF AMERICA,                        Case No.: 2:24-CR-0057-TOR
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                            Plaintiff,
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                     v.
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                                                      PROTECTIVE ORDER
12   PAVEL IVANOVICH TURLAK,
     PT EXPRESS LLC,
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     SPOKANE TRUCK SERVICE LLC,
14   PAULS TRANS LLC,
     RYAN HUGH MILLIKEN, and
15   HARDWAY SOLUTIONS, LLC d/b/a
16   HARDWAY PERFORMANCE,
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18                     Defendants.
           The United States of America, having applied to this Court for a Protective
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     Order regulating disclosure of the discovery materials and the sensitive information
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     contained therein to defense counsel in connection with the Government’s discovery
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     obligations, and the Court finding good cause therefore, IT IS HEREBY
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     ORDERED:
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           1.    The United States’ Unopposed Motion for Protective Order Regulating
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     Disclosure of Discovery and Sensitive Information is GRANTED.
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           2.    The United States is authorized to disclose the discovery including
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     sensitive information and materials (hereinafter “Discovery”) in its possession
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     pursuant to the discovery obligations imposed by this Court.
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     Protective Order - 1
       Case 2:24-cr-00057-TOR      ECF No. 35     filed 05/21/24   PageID.161 Page 2 of 3




 1         3.     Government personnel and counsel for Pavel Ivanovich Turlak, PT
 2   Express LLC, Spokane Truck Service LLC, Pauls Trans LLC, Ryan Hugh Milliken,
 3   Hardway Solutions LLC (“Defendants”), shall not provide, or make available, the
 4   sensitive information in the Discovery to any person except as specified in the Order
 5   or by approval from this Court. Counsel for Defendant and the Government shall
 6   restrict access to the Discovery, and shall only disclose the sensitive information in
 7   the Discovery to their client, office staff, investigators, independent paralegals,
 8   necessary third-party vendors, consultants, and/or anticipated fact or expert
 9   witnesses to the extent that defense counsel believes is necessary to assist in the
10   defense of their client in this matter or that the Government believes is necessary in
11   the investigation and prosecution of this matter.
12         4.     Third parties contracted by the United States or counsel for Defendant
13   to provide expert analysis or testimony may possess and inspect the sensitive
14   information in the Discovery, but only as necessary to perform their case-related
15   duties or responsibilities in this matter. At all times, third parties shall be subject to
16   the terms of the Order.
17         5.     Discovery in this matter will be available to defense counsel via access
18   to a case file on USA File Exchange. Counsel for Defense may download Discovery
19   from USA File Exchange and shall exercise reasonable care in ensuring the security
20   and confidentiality of the Discovery by electronically storing the Discovery on a
21   password-protected or encrypted storage medium, including a password-protected
22   computer, or device. If Discovery is printed, Counsel must also exercise reasonable
23   care in ensuring the security and confidentiality of the Discovery by storing copies
24   in a secure place, such as a locked office, or otherwise secure facility where visitors
25   are not left unescorted
26         6.     All counsel of record in this matter, including counsel for the United
27   States, shall ensure that any party, including the Defendants, that obtains access to
28   the Discovery is advised of this Order and that all information must be held in strict
     Protective Order - 2
       Case 2:24-cr-00057-TOR      ECF No. 35    filed 05/21/24   PageID.162 Page 3 of 3




 1   confidence and that the recipient may not further disclose or disseminate the
 2   information. Any other party that obtains access to, or possession of, the Discovery
 3   containing discovery information once the other party no longer requires access to
 4   or possession of such Discovery shall promptly destroy or return the Discovery once
 5   access to Discovery is no longer necessary. No other party that obtains access to or
 6   possession of the Discovery containing sensitive information shall retain such access
 7   to or possession of the Discovery containing sensitive information unless authorized
 8   by this Order, nor further disseminate such Discovery expect as authorized by this
 9   Order or the further Order of this court. For purposes of this Order, “other party” is
10   any person other than appointed counsel for the United States or counsel for
11   Defendants.
12            7.   All counsel of record, including counsel for the United States, shall
13   keep a list of the identity of each person to whom the Discovery containing sensitive
14   information is disclosed. Neither counsel for Defendants nor counsel for the United
15   States shall be required to disclose this list of persons unless ordered to do so by the
16   Court.
17            8.   Upon entry of a final order of the Court in this matter and conclusion
18   of any direct appeals, government personnel and counsel for Defendants shall
19   retrieve and destroy all copies of the Discovery containing sensitive information,
20   except that counsel and government personnel may maintain copies in their closed
21   files following their customary procedures.
22            9.   Government personnel and counsel for Defendants shall promptly
23   report to the Court any known violations of this Order.
24            IT IS SO ORDERED. The District Court Clerk is hereby directed to enter
25   this Order and provide copies to counsel. DATED this 21st day of May 2024.
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                                                    THOMAS O. RICE
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     Protective Order - 3


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