This document is a proposed protective order in the case of United States v. Mark Schena. It proposes restrictions on the distribution and use of sensitive discovery materials produced by the government, including investigative materials, personal identifying information, and health records. The protective order would allow only defense counsel and their agents, as well as the defendant, to review discovery. It outlines requirements for copying, distributing, destroying, and securing the materials. The magistrate judge is asked to approve and sign the protective order.
This document is a proposed protective order in the case of United States v. Mark Schena. It proposes restrictions on the distribution and use of sensitive discovery materials produced by the government, including investigative materials, personal identifying information, and health records. The protective order would allow only defense counsel and their agents, as well as the defendant, to review discovery. It outlines requirements for copying, distributing, destroying, and securing the materials. The magistrate judge is asked to approve and sign the protective order.
This document is a proposed protective order in the case of United States v. Mark Schena. It proposes restrictions on the distribution and use of sensitive discovery materials produced by the government, including investigative materials, personal identifying information, and health records. The protective order would allow only defense counsel and their agents, as well as the defendant, to review discovery. It outlines requirements for copying, distributing, destroying, and securing the materials. The magistrate judge is asked to approve and sign the protective order.
This document is a proposed protective order in the case of United States v. Mark Schena. It proposes restrictions on the distribution and use of sensitive discovery materials produced by the government, including investigative materials, personal identifying information, and health records. The protective order would allow only defense counsel and their agents, as well as the defendant, to review discovery. It outlines requirements for copying, distributing, destroying, and securing the materials. The magistrate judge is asked to approve and sign the protective order.
Case 5:20-mj-70721-MAG Document 19 Filed 06/25/20 Page 1 of 3
1 DAVID L. ANDERSON (CABN 149604)
United States Attorney 2 HALLIE HOFFMAN (CABN 210020) 3 Chief, Criminal Division June 25, 2020
4 JUSTIN WEITZ (NYBN 5027966)
JACOB FOSTER (CABN 250785) 5 Assistant Chiefs, Fraud Section
6 U.S. Department of Justice, Fraud Section
950 Pennsylvania Avenue NW 7 Washington, DC, 20530 Telephone: (202) 598-8084 8 Email: Justin.Weitz@usdoj.gov Jacob.Foster@usdoj.gov 9 WILLIAM FRENTZEN (LABN 24421) 10 Assistant United States Attorney
11 450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495 12 Telephone: (415) 436-6959 Fax: (415) 436-7234 13 William.Frentzen@usdoj.gov 14 Attorneys for United States of America 15
16 UNITED STATES DISTRICT COURT
17 NORTHERN DISTRICT OF CALIFORNIA
18 SAN JOSE DIVISION
19
20 UNITED STATES OF AMERICA, ) Case No. CR 20-70721-MAG
) 21 Plaintiff, ) [PROPOSED] PROTECTIVE ORDER ) 22 v. ) ) 23 MARK SCHENA, ) ) 24 Defendant. ) ) 25 )
26 The Court having considered the parties’ Stipulation for a Protective Order, and good cause 27 appearing therefor, the Court hereby ORDERS as follows:
28 1. The government has indicated that it will produce to the defendant evidence in this matter
STIPULATION & [PROPOSED] ORDER
CR 20-70721-MAG Case 5:20-mj-70721-MAG Document 19 Filed 06/25/20 Page 2 of 3
1 that includes sensitive information relating to the United States’ case-in-chief and ongoing investigations ,
2 including information pertaining to uncharged criminal activity and the identities of cooperating witnesses
3 (collectively “Investigative Material”). Such Investigative Material includes but is not limited to
4 investigative reports and memoranda of interviews; Jencks Act witness statements; grand jury transcripts;
5 Rule 16 discovery, including personal financial and medical records; Brady/Giglio information; and any
6 reciprocal discovery produced by the defendant. The evidence in this case also includes (1) personal
7 identification information for others, including but not limited to names, addresses, dates of birth, social
8 security numbers, and bank account numbers (collectively “Personal Information”); (2) information
9 related to individuals’ health care and medical conditions, including billing and other records. 10 2. In order to protect the confidentiality of such information as is contained in the discovery, 11 the Court orders that only defense counsel, defense counsel’s agents, and the defendant may review the
12 discovery provided by the government in preparation for trial, and that defense counsel, defense counsel’s
13 agents and the defendant may only use the discovery and the information provided therein for the specific
14 purpose of preparing or presenting a defense in this matter, and for no other purpose.
15 3. The Court orders that only defense counsel and defense counsel’s agents may make copies 16 of any discovery provided by the government in this case; and the defendant may make copies for his own
17 use only to the extent that such discovery has been provided to him by defense counsel or defense
18 counsel’s agents, and neither defense counsel, defense counsel’s agents nor the defendant may release any
19 such copies to any third party.
20 4. This Order is applicable to all of the discovery produced in this case, including any
21 discovery produced after entry of this Order.
22 5. The defendant’s attorneys shall inform any person to whom disclosure may be made
23 pursuant to this order of the existence and terms of the Court’s protective order.
24 6. The requested restrictions shall not restrict the use or introduction as evidence of discovery
25 documents containing personal identifying information during the trial of this matter.
26 7. At the conclusion of this matter, defense counsel shall collect and destroy any and all copies
27 of discovery produced by the government and used by the defense for the purpose of preparing or
28 //
STIPULATION & [PROPOSED] ORDER
CR 20-70721-MAG Case 5:20-mj-70721-MAG Document 19 Filed 06/25/20 Page 3 of 3
1 presenting a defense in this matter, except a copy set as necessary to maintain in defense counsel’s case
2 file.
3 IT IS SO ORDERED.
25 2020 5 Dated: June____, ____________________________________ 6 HON. VIRGINIA K. DEMARCHI UNITED STATES MAGISTRATE JUDGE 7
