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PROTECTIVE ORDER— 1 UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA 

UNITED STATES OF AMERICA, )

)

Plaintiff, ) NO. CR05-5823RBL

)

v. )

)

MICHAEL A. JORDAN, ) PROTECTIVE ORDER

THOMAS E. DUNIGAN, and )

MARKUS V. MOORE, )

)

Defendants. )

_________________________________)

This matter, having come to the Court’s attention on the United States’s Agreed

Motion for Entry of Discovery Protective Order, and the Court, having considered the

government’s motion, lack of objections submitted by the defendants, and the entirety

of the record and being fully advised in this matter, the Court hereby enters the

following DISCOVERY PROTECTIVE ORDER: 

 1. Permissible Disclosure of Protected Material.

The following documents and materials are deemed Protected Material. The

United States will make available copies of the Protected Materials, including those

filed under seal, to defense counsel to comply with the government’s discovery

obligations. Possession of copies of the Protected Material is limited to the attorneys of

record, and investigators, paralegals, law clerks, experts and assistants for the attorneys

of record (hereinafter collectively referred to as "members of the defense team"): 

a. Grand Jury transcripts (when provided).

Case 3:05-cr-05823-RBL Document 149 Filed 01/08/07 Page 1 of 3
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PROTECTIVE ORDER— 2 UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

b. Witness statements.

c. FBI-302 or other police reports regarding interviews or proffer sessions with potential witnesses.

d. Audio recordings and transcripts.

e. Search warrant pleadings (in this and related cases).

f. Other government pleadings to be filed under seal, e.g., the

Government’s Trial Brief and Notice of Intent to Introduce Other

Crimes Evidence.

The attorneys of record and members of the defense team may share and review

the Protected Material with their respective defendant clients. The attorneys of record

and members of the defense team acknowledge that providing copies of the Protected

Material to the defendants and other persons is prohibited, and agree not to duplicate or

provide copies of the Protected Material to defendants and other persons. The

exception to this prohibition is the dissemination of electronic copies to the Federal

Detention Center at SeaTac, Washington, for use in a controlled environment by incustody defendants. The United States Attorney’s Office for the Western District of

Washington is prohibited from providing copies of the Protected Material to non-law

enforcement witnesses or potential witnesses. Any violation of these prohibitions

constitutes a violation of the Protective Order. Further, the attorneys of record are

required, prior to disseminating any copies of the Protected Material to members of the

defense team, to provide a copy of this Protective Order to members of the defense

team, and obtain written consent by members of the defense team of their

acknowledgment to be bound by the terms and conditions of this Protective Order. The

written consent need not be disclosed or produced to the United States unless requested

by the Assistant United States Attorney and ordered by the Court.

2. Filing

Any Protected Material that is filed with the Court in connection with pre-trial

motions, trial, or other matter before this Court, shall be filed under seal and shall

remain sealed until otherwise ordered by this Court. 

Case 3:05-cr-05823-RBL Document 149 Filed 01/08/07 Page 2 of 3
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PROTECTIVE ORDER— 3 UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

3. Nontermination

The provisions of this Order shall not terminate at the conclusion of this

prosecution. 

4. Violation of Any Terms of this Order

Any violation of any term or condition of this Order by any defendant, their

attorney of record, any member of the defense team, or any attorney for the United

States Attorney’s Office for the Western District of Washington, may be held in

contempt of court, and/or may be subject to monetary or other sanctions as deemed

appropriate by this Court. 

If any defendant violates any term or condition of this Order, the United States

reserves its right to seek a sentencing enhancement for obstruction of justice, or to file

any criminal charges relating to the defendant’s violation.

The Clerk of the Court is directed to provide a filed copy of this Protective

Order to all counsel of record.

DATED this 8th day of January, 2007.

A

RONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Case 3:05-cr-05823-RBL Document 149 Filed 01/08/07 Page 3 of 3