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United States v. Solla

United States District Court, S.D. New York

January 13, 2020

UNITED STATES OF AMERICA
v.
RAMON SOLLA, a/k/a "Ray," a/k/a"RB," Defendant.

          GEOFFREY S. BERMAN United States Attorney

          Maurene Comey / Allison Nichols Assistant United States Attorneys

          Donald Yannella Esq./ Elizabeth Macedonio, Esq. Counsel for Ramon Solla

          PROTECTIVE ORDER

          HONORABLE COLLEEN McMAHON, CHIEF UNITED STATES DISTRICT JUDGE.

         Upon the application of the United States of America, with the consent of the undersigned counsel, the Court hereby finds and orders as follows:

         1. Disclosure Material. The Government has made and will make disclosure to the defendants or defense counsel of documents, objects and information, including electronically stored information ("ESI"), pursuant to Federal Rule of Criminal Procedure 16, 18 U.S.C. § 3500, and the Government's general obligation to produce exculpatory and impeachment material in criminal cases, all of which will be referred to herein as "disclosure material."

         2. Confidential Disclosure Material. The Government's disclosure material may include material that (i) affects the privacy and confidentiality of individuals; (ii) would impede, if prematurely disclosed, the Government's ongoing investigation of uncharged individuals; and (iii) that is not authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense of this criminal case, all of which will be referred to herein as "confidential disclosure material."

         3. Sensitive Disclosure Material. Certain of the Government's disclosure material, referred to herein as "sensitive disclosure material," may contain information that (a) identifies, or could lead to the identification of, witnesses who may be subject to intimidation or obstruction, and whose lives, persons, and property, as well as the lives, persons and property of loved ones, will be subject to risk of harm absent the protective considerations set forth herein; or (b) reflects personal identification information (including but not limited to addresses, phone numbers, social security numbers, dates of birth, and/or account numbers) and other highly personal information, such as medical records. The Government's designation of material as sensitive disclosure material will be controlling absent contrary order of the Court.

         4. 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. It will also afford the defense prompt access to those materials, which will facilitate the preparation of the defense.

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

         Accordingly it is hereby Ordered:

         6. Confidential disclosure material shall not be disclosed by the defendants 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 confidential disclosure material on any Internet site or network site to which persons other than the parties hereto have access, and shall not disclose any confidential disclosure material to the media or any third party except as set forth below.

         7. Confidential disclosure material that is not sensitive disclosure material may be disclosed by counsel to:

(a) Personnel for whose conduct counsel is responsible, i.e., personnel employed by or retained by counsel, as needed for ...

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