Case 3:18-cr-04683-GPC Document 196 Filed 07/06/20 PageID.1989 Page 1 of 4
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`UNITED STATES OF AMERICA,
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`Plaintiff,
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`vs.
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`JACOB BYCHAK (1),
`MARK MANOOGIAN (2),
`MOHAMMED ABDUL QAYYUM (3),
`PETR PACAS (4),
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`Defendants.
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` Case No. 18cr04683-GPC
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`ORDER AUTHORIZING
`DISCLOSURE OF DISCOVERY
`MATERIALS AND PROTECTIVE
`ORDER
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`Honorable Gonzalo P. Curiel
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`ORDER
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`Having reviewed the Government’s Unopposed Motion for Authorization to
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`Disclose Discovery Materials and Proposed Protective Order, and having found good
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`cause, the Court GRANTS the Government’s Unopposed Motion and adopts the
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`parties’ Stipulated Protective Order.
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`It is hereby ORDERED that:
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`Any Material identified to the government by Amobee as containing
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`confidential, trade secret, or proprietary information shall be marked by the
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`government on the first page with the legend "RESTRICTED" at the time the
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`documents are made available for examination and when copies are produced to
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`1
`ORDER
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`Case No. 3:18-cr-04683-GPC
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`Case 3:18-cr-04683-GPC Document 196 Filed 07/06/20 PageID.1990 Page 2 of 4
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`defendants. Any Material that is produced on electronic format may be designated
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`Restricted by marking the medium (thumb drive, hard drive, DVD, etc.)
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`“RESTRICTED” or, where this is impracticable, by written notice accompanying the
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`production. Material will not be designated Restricted if it has previously been made
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`public.
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`2.
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`Inadvertent failure to designate Material as Restricted may be remedied
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`by supplemental written notice and may be retroactively designated in the same
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`manner and shall be treated appropriately from the date written notice of the
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`designation is provided to defendants.
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`3.
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`If defendants contest the government’s designation of any Material as
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`Restricted, defendants may seek review of the designation by the Court.
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`4.
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`Restricted Material shall not be used or disclosed in connection with any
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`action or for any purpose, except that, solely for the purpose of this litigation,
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`Restricted Material may be disclosed to and reviewed by only the following persons:
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`(a) Defendants;
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`(b) Defendants’ attorneys, including their associated attorneys, private
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`investigators, and secretarial, paralegal, clerical and other employees, as well as the
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`United States Attorney’s Office for the Southern District of California and secretarial,
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`paralegal, clerical and other employees and any law enforcement agents assigned to
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`this case;
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`(c) The Court, persons employed by the Court, and stenographers
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`transcribing the testimony or argument at a hearing, trial or deposition or appeal
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`related to the above-captioned matter;
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`(d) Directors, officers or employees of Amobee, as well as Amobee’s
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`counsel;
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`(e) Experts and trial witnesses in this action, as well as anyone working with
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`or for such experts.
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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 196 Filed 07/06/20 PageID.1991 Page 3 of 4
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`5. With respect to persons covered under subsection (d), disclosure may be
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`made only after written notice to Amobee’s counsel. With respect to persons covered
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`under subsection (e), disclosure of Restricted Material may be made only after such
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`persons execute the Memorandum of Understanding attached to the Protective Order.
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`Defendants must either serve the executed Memorandum of Understanding on the
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`government or file the executed Memorandum of Understanding with the Court,
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`within seven (7) calendar days of the disclosure.
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`6. Without written permission from Amobee or a court order, a party (the
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`government or any of the defendants) may not file any Restricted Material in the
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`public record in this action. The parties agree to seek permission of the court to file
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`any Restricted Material relevant to any hearing before the court under seal.
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`7. When not in use, Restricted Material shall be kept in a locked area
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`inaccessible to persons who are not authorized access under this Stipulation and the
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`Protective Order.
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`8.
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`If another court or an administrative agency subpoenas or orders
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`production of any Restricted Material, the parties (the government and defendants)
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`will make reasonable efforts to protect the Restricted Material, including promptly
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`notifying Amobee and cooperating with Amobee in seeking a protective order.
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`9.
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`Not later than sixty (60) days after the conclusion of this action
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`including, without limitation, any appeals or the expiration of any time for appeal,
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`counsel for defendants shall collect and return to the government all Restricted
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`Material (including all copies, extracts, abstracts, charts and summaries thereof).
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`10. This Stipulation and the Protective Order do not apply to the use of
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`Restricted Material during a court hearing or trial.
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`11. Except as provided in paragraph 10, the provisions of this Stipulation
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`and the Protective Order shall, absent further order of the Court, continue to be
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`binding throughout and after the conclusion of this action, including, without
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`limitation, any appeals. The final resolution of this case shall not relieve any person
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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 196 Filed 07/06/20 PageID.1992 Page 4 of 4
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`who has received Restricted Material from the obligations imposed by this Stipulation
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`and the Protective Order, and the Court shall retain jurisdiction after such final
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`determination or settlement for the limited purpose of enforcing the provisions of this
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`Stipulation and the Protective Order
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`Dated: July 2, 2020
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`ORDER
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`Case No. 3:18-cr-04683-GPC
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