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United States v. Former

United States District Court, S.D. New York

January 16, 2020

UNITED STATES OF AMERICA
v.
TERRY FORMER, ELIZABETH McKINNEY-KIPER, a/k/a "Lizz," a/k/a "Elizabeth Kiper," and JAZMYNE ALYCE JOHNS, Defendant.

          Geoffrey S. Berman United States Attorney

          Tara M. La Morte Emily Deininger Assistant United States Attorneys

          Louis Freeman Attorney for Terry Former

          Jonathan Marvinny Attorney for Elizabeth McKinney Kiper

          Don Duboley Attorney for Jazmyne Johns

          PROTECTIVE ORDER

          THE HON. P. KEVIN CASTEL UNITED STATES DISTRICT JUDGE.

         Upon the application of the United States of America, with the consent of undersigned counsel, and the defendant having requested discovery under Fed. R. Crim. P. 16, 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, 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." The Government's disclosure material may include material that (i) affects the privacy, confidentiality and business interests of individuals and entities; (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.

         2. 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.

         3. Good Cause. There is good cause for entry of the protective order set forth herein. Accordingly it is hereby Ordered:

         4. 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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