Case 3:18-cr-04683-GPC Document 106 Filed 06/11/19 PageID.859 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`UNITED STATES OF AMERICA,
` CASE NO. 3:18-cr-04683-GPC
`
`
`ORDER GRANTING AGREEMENT
`Plaintiff,
`TO MODIFY PROTECTIVE
`
`ORDER; PROTECTIVE ORDER
`vs.
`
`
`JACOB BYCHAK,
`
`MARK MANOOGIAN,
`MOHAMMED ABDUL QAYYUM,
`PETR PACAS
`
`Defendants.
`
`On March 6, 2019, the Court entered a Protective Order governing the release
`of certain discovery provided to the defense by the Government. (ECF No. 67.)
`Defendants moved to modify that order on March 29, 2019 (ECF No. 77). The
`Government filed a response in opposition on April 5, 2019, (ECF No. 80) and
`Defendants’ Reply was filed on April 25, 2019. (ECF No. 85.) A hearing on the
`motion was held on April 30, 2019 and supplemental briefing was submitted by the
`parties. (ECF Nos. 101, 105.) In the Defendants’ supplemental response, it was
`reported that the parties met and conferred and reached an agreement modifying the
`Protective Order. Id. at 2.
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`Based upon the parties’ agreement and finding good cause therefore, the Court
`GRANTS Defendants’ Motion to Modify Protective Order [ECF Ni. 77]. The
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`/ / /
`3578566.1
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`ORDER
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`Case No. 3:18-cr-04683-GPC
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`Case 3:18-cr-04683-GPC Document 106 Filed 06/11/19 PageID.860 Page 2 of 4
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`Protective Order issued by this Court on March 6, 2019 [ECF No. 67] is hereby
`SUPERSEDED by the Protective Order as modified below.
`Dated: June 11, 2019
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`3578566.1
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`ORDER
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`Case No. 3:18-cr-04683-GPC
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`Case 3:18-cr-04683-GPC Document 106 Filed 06/11/19 PageID.861 Page 3 of 4
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`PROTECTIVE ORDER
`IT IS HEREBY ORDERED that the defendants, counsel of record, and the
`counsel’s assistants, as hereafter defined, shall not disclose the Discovery Material
`produced by the Government in the above-captioned matter on or about March
`25, 2019, (hereinafter, “the Discovery Material”), to any third party not charged in
`this litigation without prior approval of this Court. The Discovery Material referred
`to in this Protective Order is limited to: (1) records obtained from an internet service
`provider, which include email addresses and non-content header information, and
`(2) records obtained from a mail receiving and/or forwarding agency, which include
`personal identifying information that include third-party names and addresses. This
`order shall not apply to any other discovery unless the Court issues a separate
`protective order.
`IT IS FURTHER ORDERED that the United States Attorney, Assistant United
`States Attorneys, and Trial Attorneys for the Department of Justice assigned to this
`case (hereafter collectively referred to as “the Government”) and their assistants, the
`defendants, counsel of record and counsel’s assistants, shall not disclose the substance
`of the Discovery Materials, unless such material is already a matter of public record,
`to representatives of the media.
`Nothing contained herein shall prevent the Government, or any defendant or
`counsel of record, from disclosing the Discovery Material to any other attorneys
`working for the Government, the defendants or counsel of record, government agents
`(federal, state or local), private investigators, experts, secretaries, law clerks,
`paralegals, or any other person who is working for the Government or the defendants
`and counsel of record (collectively referred to as “assistants”) in the investigation or
`preparation of this case or in other criminal investigations without prior court order.
`This order expressly permits the disclosure of the Discovery Material to (1)
`Sheppard Mullin, in its capacity as outside counsel for Company A, and (2)
`Brittney Kondrat, Matt Hamilton, Leah Bose, Regina Pilozzi, Kelly Loi, and
`3578566.1
`Case No. 3:18-cr-04683-GPC
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`ORDER
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`Case 3:18-cr-04683-GPC Document 106 Filed 06/11/19 PageID.862 Page 4 of 4
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`Amanda Currie. This order does not permit the disclosure of the Discovery
`Material to any employee or representative of Company A (as referenced in the
`Indictment) not charged in the instant case who are not referenced in this Order.
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`Nothing contained herein shall preclude the Government, the defendants or
`counsel of record, or respective assistants from conducting a normal investigation of
`the facts of this case on behalf of the Government or said defendant, or from
`conducting an investigation of other criminal activity, including interviewing
`witnesses disclosed by the Discovery Materials, or from taking statements from
`witnesses disclosed by the Discovery Materials, or from asking said witnesses if they
`themselves have made prior statements to the Government that are not disclosed in
`the Discovery Materials, and about the contents of such statements. In connection
`with any such investigation, it shall not be necessary that the Government, the
`defendant or counsel of record, or counsel’s respective assistants, obtain prior
`permission of this Court.
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`Should counsel withdraw or be disqualified from participation in this case, the
`Discovery Materials received and any copies derived therefrom shall be provided to
`new counsel and remain subject to this order. Counsel that withdraw or otherwise
`cease to work on this case shall not retain originals or copies of any protected
`Discovery Materials.
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`Defense counsel and the Government shall be required to communicate the
`substance of this order and explain it to the client and assistants before disclosing the
`substance of the Discovery Materials to the client or assistants.
`Dated: June 11, 2019
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`3578566.1
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`ORDER
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`Case No. 3:18-cr-04683-GPC
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