Stipulation and Protective Order [Proposed] — No. 4:21-mj-70194 (Dkt. 9, N.D. Cal.)

Summary

A four-page Stipulation and Protective Order, modified by the court, Document 9, filed 02/22/21 in United States v. Christina Burden, Case No. 21-MJ-70194-MAG, in the U.S. District Court for the Northern District of California, Oakland Division. Burden is charged with bank fraud under 18 U.S.C. § 1344. The order covers Protected Information in discovery: personal identifying information other than names, financial information and HIPAA medical information. The defense team may review all discovery with the defendant but may not give her copies or unsupervised access to material containing Protected Information unless it is redacted; experts may receive unredacted copies. Assistant United States Attorney Abraham Fine and defense counsel Michael Levinsohn signed on February 19, 2021; Magistrate Judge Virginia DeMarchi ordered it on February 22, 2021.

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               Case 4:21-mj-70194-MAG Document 9 Filed 02/22/21 Page 1 of 4




 1 DAVID L. ANDERSON (CABN 149604)
   United States Attorney
 2
   HALLIE HOFFMAN (CABN 210020)
 3 Chief, Criminal Division

 4 ABRAHAM FINE (CABN 292647)
   Assistant United States Attorney
 5
          1301 Clay Street, Suite 340S
 6        Oakland, California 94612
          Telephone: (510) 637-3680
 7        FAX: (510) 637-3724
          Abraham.Fine@usdoj.gov
 8

 9 Attorneys for United States of America

10                                    UNITED STATES DISTRICT COURT

11                                  NORTHERN DISTRICT OF CALIFORNIA

12                                            OAKLAND DIVISION

13   UNITED STATES OF AMERICA,                         )   Case No. 21-MJ-70194-MAG
                                                       )
14           Plaintiff,                                )   STIPULATION AND PROTECTIVE ORDER
                                                       )   [PROPOSED]
15      v.                                             )
                                                       )   (MODIFIED BY THE COURT)
16   CHRISTINA BURDEN,                                 )
                                                       )
17           Defendant.                                )
                                                       )
18

19

20           With the agreement of the parties, the Court enters the following Protective Order:
21           Defendant is charged with bank fraud in violation of 18 U.S.C. § 1344. Upon receipt of a
22 discovery request, the United States will produce documents and other materials pertaining to the

23 defendant and the charged offense to defense counsel. The discovery to be provided includes documents

24 or other materials falling into one or more of the following categories (collectively, “Protected

25 Information”):

26           1. Personal Identifying Information of any individual (other than his or her name), including
27               without limitation any person’s date of birth, social security number, residence or business
28               address, telephone numbers, email addresses, driver’s license number, professional license

     STIPULATED PROTECTIVE ORDER
     NO. 21-MJ-70194-MAG                              1
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               Case 4:21-mj-70194-MAG Document 9 Filed 02/22/21 Page 2 of 4




 1              number, family members names, or criminal histories (“Personal Identifying Information”);

 2          2. Financial information of any individual or business, including without limitation bank

 3              account numbers, credit or debit card numbers, account passwords, contact information, and

 4              taxpayer identification numbers (“Financial Information”); and

 5          3. Medical records or other patient information of any individual covered by the Health

 6              Insurance Portability and Accountability Act of 1996 (HIPAA) (“Medical Information”).

 7          To ensure that Protected Information is not subject to unauthorized disclosure or misuse,

 8          IT IS HEREBY ORDERED that defense counsel of record, their investigators, assistants, and

 9 employees (collectively, “the defense team”) may review with the defendant all discovery material

10 produced by the government, but shall not provide a defendant with copies of, or permit defendant to

11 make copies of, or have unsupervised access to, any discovery material produced by the government that

12 contains Protected Information, unless the Personal Identifying Information, Financial Information,

13 and/or Medical Information has first been entirely redacted from the discovery materials. The

14 government and defense counsel are ordered to work together to ensure that these materials are

15 protected, but that defendant has as much access to the materials as can be provided consistent with this

16 Court’s order. Discovery material that clearly pertains to a specific defendant and does not contain

17 Protected Information regarding any other person (e.g., defendant’s own bank records, telephone

18 records, and business records) may be provided to that defendant unredacted.

19          Defense counsel may also provide unredacted copies of Protected Information to any experts

20 retained to assist with the preparation of the defense in the captioned case. The defendant, all members

21 of the defense team, and any experts who receive discovery under this Order shall be provided a copy of

22 this Order along with those materials and shall initial and date the order reflecting their agreement to be

23 bound by it.

24          The materials provided pursuant to this protective order may only be used for the specific

25 purpose of preparing or presenting a defense in this matter unless specifically authorized by the Court.

26          This Order shall also apply to any copies made of any materials covered by this Order.

27          IT IS FURTHER ORDERED that neither a defendant nor any member of the defense team

28 shall provide any discovery material produced by the government—whether or not the material

     STIPULATED PROTECTIVE ORDER
     NO. 21-MJ-70194-MAG                              2
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                Case 4:21-mj-70194-MAG Document 9 Filed 02/22/21 Page 3 of 4




 1 constitutes or contains Protected Information within the meaning of this Order—to any third party (i.e.,

 2 any person who is not a member of the defense team) or make any public disclosure of the same, other

 3 than in a court filing, without the government’s express written permission or further order of this Court.

 4 If a party files a pleading that references or contains or attaches Protected Information subject to this

 5 Order, that filing must be under seal.1

 6          IT IS FURTHER ORDERED that defense counsel shall return materials subject to this

 7 Protective Order (including any copies) to the United States within 14 days after whichever event occurs

 8 last in time: dismissal of all charges against the defendant; defendant’s acquittal; defendant’s sentencing;

 9 or the conclusion of any direct appeal. After the United States receives documents and materials subject

10 to this Order, it shall maintain those documents and materials until the period for filing a motion under

11 28 U.S.C. § 2255 has expired. After the statutory period for filing a motion under 28 U.S.C. § 2255 has

12 expired, the United States is free to destroy documents and materials subject to this Order. If defendant

13 is represented by counsel and files a motion pursuant to 28 U.S.C. § 2255, the United States will provide

14 counsel with the documents and materials subject to this Protective Order under the terms of this Order.

15 Defendant’s attorney in any motion under 28 U.S.C. § 2255 shall return the documents and materials

16 subject to this Protective Order within 14 days after the district court’s ruling on the motion or 14 days

17 after the conclusion of any direct appeal of the district court’s order denying the motion, whichever is

18 later. This stipulation is without prejudice to either party applying to the Court to modify the terms of

19 any protective order. This Court shall retain jurisdiction to modify this Order upon motion of either

20 party even after the conclusion of district court proceedings in this case.

21

22     IT IS SO STIPULATED.                                  DAVID L. ANDERSON
                                                             United States Attorney
23

24
       Dated: February 19, 2021                              __/s/___________________________________
25
                                                             ABRAHAM FINE
26                                                           Assistant United States Attorney

27          1
            This Order authorizes such filings under seal and the parties are not required to seek additional
28 authorization from the Court to do so. Once a district judge is assigned this matter, that judge may revisit
   this automatic authorization.
     STIPULATED PROTECTIVE ORDER
     NO. 21-MJ-70194-MAG                              3
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             Case 4:21-mj-70194-MAG Document 9 Filed 02/22/21 Page 4 of 4




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 2
      Date: February 19, 2021                   __/s/___________________________________
 3                                              MICHAEL LEVINSOHN
                                                Counsel for Defendant Christina Burden
 4

 5

 6    IT IS SO ORDERED.

 7

 8    Dated: February 22, 2021                  VIRGINIA DEMARCHI
                                                United States Magistrate Judge
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     STIPULATED PROTECTIVE ORDER
     NO. 21-MJ-70194-MAG                  4
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