UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-mj-08216-REINHART

UNITED STATES OF AMERICA 

vs. 

DANIEL SLATER,

Defendant.

____________________________________/

UNITED STATES’ UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE

ORDER REGULATING DISCLOSURE OF DISCOVERY AND 

SENSITIVE INFORMATION CONTAINED THEREIN

The United States of America, through the undersigned Assistant United States Attorney, 

hereby files this Unopposed Motion for Entry of a Protective Order Regulating Disclosure of 

Discovery and Sensitive Information Contained Therein, and respectfully requests that the Court 

enter the attached proposed order restricting the dissemination of certain information contained 

in discovery materials disclosed to the defense. 

I. Introduction and Background

On June 15, 2020, the defendant was arrested and charged by criminal complaint with 

using a facility of interstate commerce with the intent that murder be committed, in violation of 

Title 18, United States Code, Section 1958; and possession with intent to distribute a controlled 

substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 2 (DE 1). In late 

July 2020, the United States provided to defense counsel all of the recorded meetings that took 

place between confidential sources and the defendant that it had in its possession. Before doing 

so, undersigned counsel spoke to defense counsel, Valentin Rodriguez, about the entry of a 

protective order to protect the items being produced. Defense counsel agreed that he would not 

disclose the recordings or the contents of the recordings to anyone other than his defense team 

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and the Defendant, for the limited purpose of preparing the case for the detention hearing and 

preliminary hearing. Since then, on August 19, 2020, Valentin Rodriguez entered a permanent 

appearance in this case and the Honorable Judge William Matthewman entered the Standing 

Discovery Order (DE 18). The United States foresees that additional information will be 

provided to defense counsel pursuant to the Court’s Order. 

The United States is seeking the entry of the attached order to protect the privacy interests 

and personal identifying information of the victims, witnesses, and other civilians, including any 

confidential source, identified in this case (collectively hereinafter referred to as “Sensitive 

Information”). For purposes of this motion, Sensitive Information refers to the names of the 

victims, witnesses, and other civilians, including any confidential source; telephone numbers; email

addresses; mailing addresses; social security numbers; dates of birth; driver license numbers;

identification cards and their contents; passports and their contents; medical information; and,

any other personal identifying information. The United States has made efforts to redact most of 

the Sensitive Information contained in the discovery, however there are some files that cannot 

be redacted, including in the audio recordings in this case. Public dissemination or release of 

such Sensitive Information would cause substantial harm to the privacy and dignity of the 

civilians involved in this case.

II. Legal Standard 

Rule 16(d)(1) of the Federal Rules of Criminal Procedure provides that the Court “may, 

for good cause, deny, restrict, or defer discovery or inspection” of discovery materials. The Court 

has broad discretion to regulate and restrict discovery and the disclosure of discovery materials. 

See United States v. Campa, 529 F.3d 980, 995(11th Cir. 2008) (recognizing the “broad authority 

of the district court to regulate discovery”); see also Alderman v. United States, 394 U.S. 165, 

185 (1969) (“[T]he trial court can and should, where appropriate, place a defendant and his 

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counsel under enforceable orders against unwarranted disclosure of the materials which they may 

be entitled to inspect.”). 

III. Conclusion 

For the reasons explained, the United States finds it necessary to seek a protective order 

in this case to protect the privacy rights and interests and the personal identifying information of 

the names of the victims, witnesses, and other civilians, including any confidential source, in this case. 

As such, the United States requests that the Court issue a protective order placing the following 

restrictions on any discovery that is made available to the defendant in this case, requiring that: 

(1) Counsel for the government and for the defendant, employees of the government and

of defense counsel, and expert witnesses retained by the parties may possess Sensitive 

Information. However, they shall not provide the Sensitive Information to any person 

except as specified in the Court’s order or by prior approval of the Court.

(2) Counsel for the defendant agrees to maintain and hold such Sensitive Information in 

the strictest confidence and to disclose it only to the defendant, defense employees, and 

expert witnesses as necessary to prepare the case. In making such disclosures, counsel 

for the defendant agrees that they shall advise any person to whom this information is 

disclosed that such information shall be held in strict confidence and shall not be further

disseminated.

(3) Furthermore, counsel for the defendant shall ensure that the defendant and any expert

witnesses that obtain access to Sensitive Information are provided a copy of the Court’s 

order. Any expert witness that obtains access to or possession of Sensitive Information 

shall promptly destroy or return these materials once the expert no longer requires access 

to or possession of these materials to assist in the preparation of the case.

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(4) Upon entry of final order of the Court in this matter and conclusion of any direct

appeals, counsel for the government and the defendant shall destroy or cause to be 

destroyed all copies of the Sensitive Information, except that they may maintain copies 

in their closed case files following their ordinary procedures.

(5) Counsel for the defendant and the government shall refer to the victims in this case 

only by their initials and any confidential source as a “Confidential Source” in any public

filing. Should either party need to file something with the Court that would have the effect 

of identifying the victim, or any confidential source, or that discusses any sensitive 

matters that would impact any victim, witness, or other civilian’s dignity or privacy, 

including any confidential source, such filings shall be submitted to the Court under seal;

(6) Counsel for the government and for the defendant shall promptly report any known 

violations of the Court’s order to the Court.

Counsel for defendant, Valentin Rodriguez, does not oppose the relief requested herein. 

Respectfully submitted,

ARIANA FAJARDO ORSHAN

UNITED STATES ATTORNEY

By: /s/ Jessica Kahn Obenauf

JESSICA KAHN OBENAUF 

Assistant United States Attorney

Florida Bar No. 0052716

99 Northeast 4th Street

Miami, Florida 33132-2111

Tel.: (305) 961-9317

Fax: (305) 530-7976

Email: jessica.obenauf@usdoj.gov

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 27, 2020, I electronically filed the foregoing with 

the Clerk of the Court using CM/ECF. 

/s/ Jessica Kahn Obenauf 

Assistant United States Attorney

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