UNITED STATES OF AMERICA v. $307,970.00 in U. S. Currency

Filing 169

CONSENSUAL PROTECTIVE ORDER. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 4/10/2017. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
NO. 4:12-CV-136-FL

UNITED STATES OF AMERICA,
Plaintiff,

v.

CONSENSUAL PROTECTIVE ORDER

$307,970.00 IN U. S. CURRENCY,)
)
Defendant.
)

This matter is before the court following the telephonic
hearing held on March 30, 2017 to, among other matters,
determine whether Claimants shall be allowed access to the
presentence investigation report and competency evaluation of
proposed government witness Thurman Bohne (hereafter

~Requested

Materialsn), as provided to the Court and counsel in United

States v. Bohne, No. 5:15-CR-00007-F-3 under the provisions of
18 U.S.C. § 3153(c) (1), 3552, and 4247.

The Court has reviewed

the Requested Material and concludes that while the Government
has committed no discovery violation, as it correctly notes
that only the Court may release the Requested Documents under
Local Criminal Rule 11.1, both counsel for the Government and
Claimants shall be allowed access to and use of the Requested
Material for purposes of this litigation.
For good cause shown, finding such requested disclosure of

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otherwise confidential information to both parties necessary to
aid in this litigation, and with consent of the parties,
IT IS HEREBY ORDERED that:
1.

The Government will provide the Requested Materials to

the Claimants within 10 days of this Order.

The Requested

Materials shall be held in strict confidence. Right of access
to such material shall be limited to the parties (subject to
the restriction below), counsel for the parties, their
paralegals and other employees, and expert witnesses in their
employ, and any other person mutually authorized by all counsel
to examine such materials. Right of access for the parties
shall be limited to only those employees of the parties who
need to have access for purposes of this litigation. All
counsel hereby mutually authorize counsel for any witness to
examine the Requested Materials. Claimants' counsel may confer
with Claimants regarding the Requested Material, and Claimants
are otherwise permitted to use the Requested Material for
purposes of this litigation.

Any person having access to this

material shall be informed that it is confidential and subject
to a nondisclosure order by this Court. Individuals to whom
this material is made available are bound by the restrictions
in this order. Counsel for the parties shall take reasonable
steps to ensure that individuals in their employ and persons

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mutually authorized by all counsel to examine such materials
comply with this order.
2.

Those having right of access to the Requested

Materials shall use such material and information derived
therefrom only for purposes of litigating the instant lawsuit.
The Government's and Claimants' attorneys shall not use or
disclose, and shall take all reasonable steps to prevent the
use or disclosure of, such material or information for any
other reason.
3.

The substance of the information contained in the

Requested Materials described above shall not be disclosed by
any means whatsoever by those having right of access to the
material except as set forth in paragraphs 4 through 7 below.
The substitution, departure, or removal for any

reas~n

from

this case of any counsel for the Government or Claimants, or
anyone associated with them as an employee or otherwise, shall
not release that person from the provisions of this Order, and
any newly appearing counsel shall be bound by the terms of this
Order.
4.

No person having access to the Requested Materials

described above shall make public disclosure of those materials
without further order of this Court, or stipulation by the
parties, except as set forth in paragraphs 5 through 7 below.

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5.

Subject to modification by this Court, the

Requested Materials shall not be filed with or referred to
in documents, pleadings, arguments and/or testimony
presented before this Court other than in one of the
following three manners:
a. Filed "under seal" pursuant to an Order of the Court
in accordance with the procedures set forth in Local
Civil Rule 5; or
b. Using such other means or methods that are agreeable
to the parties and approved by the Court.
6.

Subject to modification by this Court at the time of

trial, in the event that any material subject to this Order is
used in this case's litigation, it shall not lose its status
through such use, and the parties shall take all steps
reasonably required to protect its confidentiality during such
use.
7.

Attendance at depositions at which material subject

to this order is identified, discussed, or

disclos~d

shall be

limited to the deposition notary, the deponent and his or her
counsel, counsel for the parties, and any other person who is
subject to the terms of this order.
8.

Material subject to this order shall not be further

reproduced except in connection with its use in this

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litigation. Any reproductions of materials subject to this
order shall also be subject to the terms of this order.
9.

All materials subject to this Order shall be

destroyed within 60 days of the conclusion of all trial and
appellate proceedings. In the event that any copies of the
foregoing material are made, all such copies shall be destroyed
within 60 days of the conclusion of all trial and appellate
proceedings. Once the material is destroyed, all counsel shall
be so notified.
10.

Violation of the terms of this Order shall be

immediately brought to the attention of the Court, and may
result in a charge of contempt of Court and termination of a
counsel's access to the confidential information.
SO ORDERED this

10th

day of April, 2017.

LOUISE W. FLANAGAN
UNITED STATES DISTRICT JUDGE

We Consent to the entry
of this Order:

ls/Stephen A. West
STEPHEN A. WEST
Assistant United States Attorney
Attorney for Plaintiff
/s/ Mark A. Ward
Mark A. Ward
Attorney for Claimants
105 Commerce Street
Greenville, NC 27858
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/s/ David M. Michael
David M. Michael
Attorney for Claimants
1 Sansome Street, Suite 3500
San Francisco, CA 94194

/s/ Edward M. Burch
Edward M. Burch
Attorney for Claimants
1 Sansome Street, Suite 3500
San Francisco, CA 94194

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