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United States v. Cole

United States District Court, S.D. New York

January 3, 2020

UNITED STATES OF AMERICA
v.
NEIL COLE, Defendant.

          GEOFFREY S. BERMAN UNITED STATES ATTORNEY

          EDWARD IMPERATORE/SCOTT HARTMAN/JARED LENOW ASSISTANT UNITED STATES ATTORNEYS LORIN REISNER, ESQ. RICHARD TARLOWE, ESQ. ANDREW REICH, ESQ. COUNSEL FOR NEIL COLE

          PROTECTIVE ORDER

          THE HONORABLE EDGARDO RAMOS UNITED STATES DISTRICT JUDGE.

         Upon the application of the United States of America, with the consent of the undersigned counsel, and the defendant having requested discovery under Fed. R. Crim. P. 16(a), the Court hereby finds and orders as follows:

         1. Disclosure Material.

         The Government will make disclosure to the defendant of documents, objects and information, including electronically stored information ("ESI"), pursuant to Federal Rule of Criminal Procedure 16, Brady v. Maryland; 18 U.S.C. § 3500, and Giglio v. United States, all of which will be referred to herein as "disclosure material." The Government's disclosure material may include material that (i) affects the privacy, confidentiality and business interests of individuals and entities, including the defendant; (ii) contains personal identifying information, including but not limited to dates of birth, social security numbers, home addresses, and bank account information, including personal identification information of the defendant; (iii) would risk prejudicial pretrial publicity if publicly disseminated; and (iv) that is not authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense of this criminal case.

         2. Sensitive Disclosure Material.

         Certain of the Government's disclosure material, referred to herein as "sensitive disclosure material," contains information that identifies, or could lead to the identification of witnesses who may be subject to intimidation or obstruction. The Government's designation of material as sensitive disclosure material will be controlling absent contrary order of the Court.

         3. Facilitation of Discovery.

         The entry of a protective order in this case will permit the Government to produce expeditiously the disclosure material without further litigation or the need for redaction. It will also afford the defense prompt access to those materials, in unredacted form, which will facilitate the preparation of the defense.

         4. Good Cause.

         There is good cause for entry of the protective order set forth herein.

         Accordingly it is hereby Ordered:

         5. Disclosure material shall not be disclosed by the defendant or defense counsel, including any successor counsel ("the defense") other than as set forth herein, and shall be used by the defense solely for purposes of defending this action. The defense shall not post any disclosure material on any Internet site or network site to which persons other than the parties hereto have access, and ...


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