Case: 1:14-cr-00551 Document #: 21 Filed: 10/23/14 Page 1 of 4 PageID #:72
`
`UNITED STATES OF AMERICA
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`No. 14 CR 551
`
`Judge Harry D. Leinenweber
`
`v.
`
`
`MICHAEL COSCIA
`
`
`PROTECTIVE ORDER GOVERNING DISCOVERY
`
`Upon the unopposed motion of the government, pursuant to Fed. R. Crim. P.
`
`16(d) and 18 U.S.C. § 3771(a)(1) and (8), it is hereby ORDERED:
`
`1.
`
`All of the materials provided by the United States in preparation for,
`
`or in connection with, any stage of the proceedings in this case (collectively, “the
`
`materials”) are subject to this protective order and may be used by defendant and
`
`defendant’s counsel (defined as counsel of record in this case) solely in connection
`
`with the defense of this case, and for no other purpose, and in connection with no
`
`other proceeding, without further order of this Court.
`
`2.
`
`Defendant and defendant’s counsel shall not disclose the materials or
`
`their contents directly or indirectly to any person or entity other than persons
`
`employed, engaged, or consulted to assist in the defense, persons who are
`
`interviewed as potential witnesses, counsel for potential witnesses, and other
`
`persons to whom the Court may authorize disclosure (collectively, “authorized
`
`persons”). Potential witnesses and their counsel may be shown copies of the
`
`materials as necessary to prepare the defense, but no copies may be retained by
`
`anyone who does not agree in writing to abide by the terms of this Order.
`
`
`
`Case: 1:14-cr-00551 Document #: 21 Filed: 10/23/14 Page 2 of 4 PageID #:73
`
`3.
`
` Certain materials disclosed or to be disclosed by the government
`
`contain particularly sensitive
`
`information,
`
`including confidential business
`
`information belonging to one or more entities. These materials shall be plainly
`
`marked as sensitive by the government prior to disclosure. No such materials, or
`
`the information contained therein, may be disclosed to any persons other than
`
`defendant, counsel for defendant, persons employed, engaged, or consulted to assist
`
`the defense, or the person to whom the sensitive information solely and directly
`
`pertains, without authorization from the Court. Absent prior permission from the
`
`Court, information marked as sensitive shall not be included in any public filing
`
`with the Court, and instead shall be submitted under seal (except if the defendant
`
`chooses to include in a public document sensitive information relating solely and
`
`directly to the defendant.
`
`4.
`
`Defendant, defendant’s counsel, and authorized persons shall not copy
`
`or reproduce the materials except in order to provide copies of the materials for use
`
`in connection with this case by defendant, defendant’s counsel, and authorized
`
`persons. Such copies and reproductions shall be treated in the same manner as the
`
`original materials.
`
`5.
`
`Defendant, defendant’s counsel, and authorized persons shall not
`
`disclose any notes or records of any kind that they make in relation to the contents
`
`of the materials, other than to authorized persons, and all such notes or records are
`
`to be treated in the same manner as the original materials.
`
`
`
`Case: 1:14-cr-00551 Document #: 21 Filed: 10/23/14 Page 3 of 4 PageID #:74
`
`6.
`
`Before providing materials to an authorized person, defense counsel
`
`must provide the authorized person with a copy of this Order.
`
`7.
`
`Upon conclusion of all stages of this case, all of the materials and all
`
`copies made thereof shall be disposed of in one of three ways, unless otherwise
`
`ordered by the Court. The materials may be (1) destroyed; (2) returned to the
`
`United States; or (3) retained in defense counsel's case file. The Court may require a
`
`certification as to the disposition of any such materials. In the event that the
`
`materials are retained by defense counsel, the restrictions of this Order continue in
`
`effect for as long as the materials are so maintained, and the materials may not be
`
`disseminated or used in connection with any other matter without further order of
`
`the Court.
`
`8.
`
`To the extent any material is produced by the United States to
`
`defendant or defendant’s counsel by mistake, the United States shall have the right
`
`to request the return of the material and shall do so in writing. Within five days of
`
`the receipt of such a request, defendant and/or defendant’s counsel shall return all
`
`such material if in hard copy, and in the case of electronic materials, shall certify in
`
`writing that all copies of the specified material have been deleted from any location
`
`in which the material was stored. Alternatively, within five days of the receipt of
`
`such a request, defendant and/or defendant’s counsel may seek leave from the Court
`
`for relief from this requirement.
`
`9.
`
`The restrictions set forth in this Order do not apply to documents that
`
`are or become part of the public court record, including documents that have been
`
`
`
`Case: 1:14-cr-00551 Document #: 21 Filed: 10/23/14 Page 4 of 4 PageID #:75
`
`received in evidence at other trials, nor do the restrictions in this Order limit
`
`defense counsel in the use of discovery materials in judicial proceedings in this case,
`
`except that any document filed by any party which attaches or otherwise discloses
`
`specially identified sensitive information as described in Paragraph 3, above, shall
`
`be filed under seal to the extent necessary to protect such information, absent prior
`
`permission from this Court.
`
`10. Nothing contained in this Order shall preclude any party from
`
`applying to this Court for further relief or for modification of any provision hereof.
`
`
`
`
`
`
`
`ENTER:
`
`
`
`
`
`
`
`HARRY D. LEINENWEBER
`District Judge
`United States District Court
`Northern District of Illinois
`
`
`Date: 10/23/2014
