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United States v. Clanton

United States District Court, Eastern District of North Carolina, Northern Division

May 13, 2015

UNITED STATES OF AMERICA
v.
LANN TJUAN CLANTON, et al, Defendants.

ORDER

James E. Gates United States Magistrate Judge

This case comes before the court sua sponte to memorialize oral rulings it made with respect to the government's exhibits (Nos. 1-10)[1] at the pretrial detention hearings herein and to set a deadline for the parties' submission of a proposed protective order relating to those exhibits and materials presented in future proceedings in this case.

In response to the government's request at the detention hearings, without objection from any defendant, and pending entry of a protective order, the court directed the clerk to file the government's exhibits under temporary seal. (See Minute Entries at D.E. 172, 173, 178, 180). It further directed the government to provide copies of the exhibits to defense counsel, which the government did, but directed defense counsel not to disseminate or make copies of them. (Id.). The court also directed that while defense counsel were permitted to show the contents of the exhibits to their clients in counsel's presence, no client was permitted to retain possession of any exhibit. (Id.).

Counsel for all the parties are hereby DIRECTED to confer and file by 22 May 2015 a proposed stipulated protective order or, in the event the parties cannot agree on the terms of a protective order, separate proposed protective orders. Each proposed protective order shall set out the relief sought with respect to the foregoing exhibits and materials presented in future proceedings in this case, include such specific findings as are required under applicable law to justify the relief sought, and be accompanied by a supporting memorandum demonstrating the appropriateness of such relief. See, e.g., In re The Wall St. Journal, No. 15-1179, 2015 WL 925475, at *l-2 (4th Cir. 5 Mar. 2015) (ordering vacatur of sealing and gag order).[2] The proposed protective order(s) and supporting memorandum (or memoranda) shall comply with the pertinent provisions of Local Criminal Rule 55.2, E.D. N.C. and Section T of the court's CM/ECF Administrative Policies and Procedures Manual.

SO ORDERED.


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