Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 730

MEMORANDUM AND ORDER/PROTECTIVE ORDER. IT IS HEREBY ORDERED that Plaintiffs Petition under Federal Rule of Criminal Procedure 6(e) to Obtain Third-Party Documents [doc. #698] is GRANTED. IT IS FURTHER ORDERED that the materials produced by the Unite d States shall not be disclosed to any individuals or entities other than the parties to this case, their respective counsel and employees thereof, consultants retained by counsel to assist in trial preparation, and potential witnesses. See Order for further details. 698 Signed by Honorable E. Richard Webber on 6/22/2011. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DONNA J. GARRETT, et al.,
Plaintiffs,
vs.
J. DOUGLAS CASSITY, et al.,
Defendants.

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Case No. 4:09CV01252 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiffs’ Petition under Federal Rule of Criminal
Procedure 6(e) to Obtain Third-Party Documents [doc. #698].
In their Motion, Plaintiffs seek an order requiring the United States to produce all
documents generated independently of the grand jury by third parties and obtained by the United
States through grand jury subpoenas in connection with the related criminal case, United States v.
Sutton, Case No. 4:09CR00509 JCH (E.D. Mo.). The United States agrees that Plaintiffs’
Motion should be granted, but it requests that the Court impose a protective order limiting the
disclosure of the produced materials to parties, counsel, counsel’s employees, consultants
retained by counsel to assist in trial preparation, and potential witnesses. Given the lack of
opposition to Plaintiffs’ Motion and Plaintiffs’ representations to the Court that they will share
the produced materials with Defendants, the Court concludes that the Motion will be granted, and
the requested protective order will be imposed.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Petition under Federal Rule of Criminal
Procedure 6(e) to Obtain Third-Party Documents [doc. #698] is GRANTED.

IT IS FURTHER ORDERED that the materials produced by the United States shall not
be disclosed to any individuals or entities other than the parties to this case, their respective
counsel and employees thereof, consultants retained by counsel to assist in trial preparation, and
potential witnesses.
Dated this 22nd Day of June, 2011.

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E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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