United States District Court, E.D. North Carolina, Eastern Division
STEPHEN A. WEST Assistant United States Attorney Attorney for
A. Ward Attorney for Claimants.
M. Michael Attorney for Claimants.
M. Burch Attorney for Claimants.
CONSENSUAL PROTECTIVE ORDER
W. FLANAGAN UNITED STATES DISTRICT JUDGE.
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
Materials"), 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.
good cause shown, finding such requested disclosure of
otherwise confidential information to both parties necessary
to aid in this litigation, and with consent of the parties,
IT IS HEREBY ORDERED that:
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
mutually authorized by all counsel to examine such materials
comply with this order.
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.
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 reason 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.
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.
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
a. Filed "under seal" pursuant to an Order of the
Court in accordance with the procedures set forth in Local