Case 2:12-cr-00163-DN-BCW Document 27-1 Filed 08/24/12 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

UNITED STATES OF AMERICA, Plaintiff, vs. JOHN ANTHONY BORELL, III, Defendant.

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2:12-CR-163 DN- BCW

PROTECTIVE ORDER RELATED TO SENSITIVE PERSONAL DATA

To expedite the flow of discovery material between the parties, facilitate the prompt resolution of any disputes, adequately protect individually identifiable information, and ensure that protection is afforded only to material so entitled, pursuant to the Courts authority under Fed . R. Crim. P. Rule 16(d)(1) and with the stipulation of the parties, it hereby is ORDERED: A. Scope. Except as specifically provided herein, the materials covered by this Protective Order (Covered Records) are those materials containing sensitive personal information which have been or which may be provided in discovery by either party, or which have been or which may be obtained from third-parties,

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including: 1. Personal residential or cellular phone numbers; 2. Personal email addresses and physical addresses 3. Financial account information 4. Social Security numbers and birth dates Covered Records also includes all copies made of such records, as well as all notes, memoranda, summaries, or other documents containing sensitive personal information from the Covered Records. B. Restrictions on Use and Dissemination. The use and dissemination of Covered Records shall be subject to the following restrictions: 1. Use of Covered Records. The use of Covered Records shall be restricted to use in connection with litigation of the criminal case of United States v. John Anthony Borell, III, No. 2:12 CR 163 DN (Dist. of Utah). 2. Dissemination by the Defendant. Dissemination of Covered Records by the defendant shall be restricted to the United States as required by Rules 16 and 17 of the Federal Rules of Criminal Procedure and other discovery obligations, the defendant, his
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attorneys with the U. S. Federal Defenders Office, paralegal, investigative, and support staff working directly on the case, and expert or fact witnesses as necessary to prepare and develop their testimony and provided that such witnesses (other than the person to whom the records relate) agree to not re-disclose the Covered Records. This includes discovery originated by the defendant (via reciprocal discovery) and data received by the defendant in discovery provided by the United States. 3. Additional Use Restriction. The Defendant is hereby ordered not to make any copies of discovery received from the United States. To the extent he makes notes of the contents of any discovery, he is hereby ordered not to memorialize in any form the sensitive personal information of any individuals, such as that described in Section A above. 4. Dissemination by the United States. Dissemination of Covered Records by the United States shall be restricted to the defendant as required by Rule 16 of the Federal Rules of Criminal Procedure and other discovery obligations, and to its investigative agents and
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analysts, attorneys, and litigation support staff, and to the United States Probation Office, the United States Marshals, or any other officers or agents of the United States in the performance of their duties, and to expert or fact witnesses as necessary to prepare and develop their testimony and provided that such witnesses (other than the person to whom the records relate) agree to not re-disclose the Covered Records. This applies to data originating from or received by the government. 5. Sensitive Personal Information in Open Court. The procedures for use of Covered Records during any hearing or the trial of this matter shall be determined by the parties and the Court in advance of the hearing or trial. The parties shall consider redacting confidential documents to remove individual identifiers, request the Court to submit such documents under seal, request that any exhibit be placed under seal, or introduce summary evidence where practicable which may be more easily redacted. No party shall disclose sensitive personal information in open Court without prior consideration by the Court.
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6. Filing of documents. The Clerk shall accept for filing under seal any documents or filings so marked by the parties pursuant to the above paragraphs. 7. Modification Permitted. Nothing in this Protective Order shall prevent any party from seeking modification of its terms, or from objecting to discovery that the party believes to be otherwise improper. 8. No Waiver. The failure to designate any materials as Covered Records shall not constitute a waiver of a partys assertion that the materials are covered by this Protective Order. 9. No Ruling on Discoverability or Admissibility. This Protective Order does not constitute a ruling on the question of whether any particular material is properly discoverable or admissible, and does not constitute any ruling on any potential objection to the discoverability or admissibility of any material. 10. Disposition of Covered Records. The Defendant is hereby ordered to return all covered materials to his attorneys at the office of the Utah Federal Defender.
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11. Relation to Rule 49.1. The requirements of this Protective Order are supplemental to the requirements of Rule 49.1 of the Federal Rules of Criminal Procedure.

DATED this

day of

, 2012.

S))))))))))))))))))))))))))))))

BROOKE C. WELLS United States Magistrate Judge