013-01.pdf

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
:
PROTECTIVE ORDER
-v.-
:
19 Cr. 830 (AT)
TOVA NOEL and
MICHAEL THOMAS,
:
Defendants.
:
:
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On the motion of the United States of America, by the United
States Attorney for the Southern District of New York, Geoffrey S.
Berman, by Assistant United States Attorneys Rebekah Donaleski,
Nicolas Roos, and Jessica Lonergan; and with the consent of TOVA
NOEL and MICHAEL THOMAS, the defendants, by and through their
respective counsel of record:
WHEREAS, TOVA NOEL and MICHAEL THOMAS, the defendants, have
certain rights under the United States Constitution, federal
statutes, and the Federal Rules of Criminal Procedure, to pretrial
discovery;
WHEREAS, the Government recognizes its obligation to provide
such discovery materials to the defendants, consistent with the
need to protect the confidentiality of ongoing investigations and
the confidentiality interests of others;
WHEREAS, the discovery that the Government intends to provide
to the defendants contain materials that, if disseminated to third
Case 1:19-cr-00830-AT Document 13-1 Filed 12/16/19 Page 1 of 5
parties, could, among other things, impede ongoing investigations
and implicate the privacy and confidentiality interests of third
parties;
WHEREAS, the Government has demonstrated good cause for the
relief set forth herein;
WHEREAS, TOVA NOEL and MICHAEL THOMAS, the defendants, by and
through their respective counsel of record, consent to the entry
of this Order;
NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Federal
Rule of Criminal Procedure 16(d):
1. Discovery materials designated as “Protected Materials”
by the Government may be used by the defendants, their respective
counsel of record, and their respective counsel of record’s agents
(collectively, the “Defense”) only for purposes of defending the
charges, in connection with any sentencing, and pursuing any
appeals, in relation to this criminal action.
2. The Protected Materials and the information contained or
disclosed therein:
a. Shall not be disclosed in any form by the Defense
to any third party except as set forth in paragraphs 2(b), 3, and
4 below;
b. May be disclosed to third parties only by the
defendants’ respective counsel of record and only to the following
persons (collectively, “Designated Persons”):
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i. investigative, secretarial, clerical,
paralegal and student personnel employed full-time or part-time by
the defendants’ respective counsel of record and who are actually
participating in the legal defense of this action;
ii. independent expert witnesses, jury
consultants, document hosting personnel, or investigators retained
by the defendants in connection with this action;
iii. such other persons as hereafter may be
authorized by the Court upon a motion by the defendants; and
iv. Shall be destroyed or returned to the
Government following the conclusion of this case, including after
any appeals.
3. The Defense may show (but not otherwise provide) the
Protected Materials to fact witnesses (“Fact Witnesses”)
interviewed by the defendants’ respective counsel of record or by
the Designated Persons in the course of investigating this action.
4. The Defense shall provide a copy of this Order to
Designated Persons to whom materials subject to the protections of
this Order are disclosed pursuant to paragraph 2(b), or Fact
Witnesses to whom materials subject to the protections of this
Order are shown pursuant to paragraph (3). Designated Persons and
Fact Witnesses shall be subject to the terms of this Order.
5. With respect to any discovery material designated as
Protected Materials that the Defense intends to file publicly or
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to specifically describe in a public filing, the defendant making
the filing must either (i) file the discovery material under seal,
or (ii) provide reasonable notice to the Government to permit the
parties to confer on the proper treatment of the discovery
material. If the parties are unable to reach agreement as to
whether redactions to the public filings are warranted, or to the
extent of such redactions, the parties will seek Court resolution
before the document is publicly filed or specifically described in
a public filing.
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6. Any disputes regarding the designation of discovery
material as Protected Materials, or any other dispute concerning
this Order, which cannot be resolved among the parties, will be
brought to the Court for a ruling before any public disclosure not
permitted by this Order is made.
Dated: New York, New York
December __, 2019
SO ORDERED:
________________________________
THE HONORABLE ANALISA TORRES
UNITED STATES DISTRICT JUDGE
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