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United States v. Boroughf

United States District Court, D. Colorado

April 18, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
1. EDWARD BOROUGHF, Defendant.

          PROTECTIVE ORDER

          PHILIP A. BRIMMER, UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on the United States' Motion for Entry of a Protective Order [Docket No. 19]. As noted at the April 17, 2018 hearing, the Court finds that good cause exists to impose limitations on the dissemination of confidential information or sensitive data. Wherefore, it is

         ORDERED that the Government's Motion for Protective Order [Docket No. 19] is granted. It is further

         ORDERED:

         1. This Protective Order shall apply to all documents, materials, manuals, books, papers, data, or other objects produced under Fed. R. Crim. P. 16, and marked “CONFIDENTIAL - DEFENDANT MAY VIEW BUT NOT POSSESS” (“Confidential Information”). This Protective Order shall apply to (a) the government, its agents, consultants and experts; (b) the Defendant, through appointed counsel, his agents, investigators, consultants and experts; (c) the Court and its staff; and (d) other parties identified only by amendment to this Order.

         2. Confidential Information may be viewed, but not retained, by Defendant.

         3. The following may be designated and disclosed as Confidential Information: (a) non-privileged communications of Defendant; (b) communications between the Department of Justice, the Federal Bureau of Investigation, and the Federal Bureau of Prisons; (c) documents regarding the operation of the Florence Correctional Complex that could impact institutional security and/or safety; (d) documents that contain information that is exempt under the Freedom of Information Act; (e) documents that involve law-enforcement sensitive matters or implicate law enforcement techniques; (f) documents that implicate the Health Insurance Portability and Accountability Act (“HIPPA”); (g) documents that contain agency deliberative process sensitive information; (h) documents that concern the institutional adjustment of Defendant or other inmates; and/or (i) information that is protected by the Privacy Act of 1974.

         4. Confidential Information shall not be disclosed or used for any purpose except during this case, including pre-trial proceedings, trial, sentencing, and appeals. This provision does not prevent Defendant's counsel from building general institutional knowledge. The protections granted by this Protective Order shall not be waived.

         5. Confidential Information may be reproduced electronically for litigation management purposes only. Electronically reproduced Confidential Information must retain the mark “CONFIDENTIAL - DEFENDANT MAY VIEW BUT NOT POSSESS.”

         6. In addition to the restrictions set forth in Paragraph 4, Confidential Information shall not, without the consent of the party producing it or further Order of the Court, be disclosed to any person, except that such information may be disclosed to:

a) Defense counsel;
b) Expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings in this case;
c) The Court, and necessary Court staff; and
d) Other persons by written agreement of the ...

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