UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

WESTERN DIVISION

UNITED STATES OF AMERICA

v.

JULIAN WYRE

No. 20 CR 50003-1

 

District Judge Iain D. Johnston

AGREED SUPPLEMENTAL PROTECTIVE ORDER GOVERNING 

DISCOVERY

Upon the agreed motion of the government, pursuant to Fed. R. Crim. P. 16(d), 

it is hereby ORDERED: 

1. This Order supplements the Protective Order Governing Discovery that 

is currently in effect (R. 33) (“Original Protective Order”). 

2. In addition to the restrictions governing discovery materials provided in 

the Original Protective Order and applicable to the materials, some of the materials 

may also be designated by the United States as “Attorneys’ Eyes Only” (hereafter 

“Attorneys’ Eyes Only Materials”). The materials designated as “Attorneys’ Eyes 

Only” are subject to the restrictions applicable to the materials and to heightened 

restrictions in accordance with this Order. 

3. The government may designate and disclose as Attorneys’ Eyes Only 

Materials: 1) the contents of a cell phone the government possesses that does not 

belong to defendant Julian Wyre; and 2) materials that contain sensitive information 

of an individual(s) other than defendant Julian Wyre.

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4. The government shall plainly mark the Attorneys’ Eyes Only Materials 

as “ATTORNEYS’ EYES ONLY” prior to disclosure. If the Attorneys’ Eyes Only 

Materials are produced in electronic format, the government shall segregate 

Attorneys’ Eyes Only Materials from other discovery materials to the extent possible.

5. Neither the materials designated as “Attorneys’ Eyes Only,” nor the 

information contained therein may be disclosed by defendant’s counsel directly or 

indirectly to the defendants. Attorneys’ Eyes Only Materials may be disclosed to 

persons or entities employed to assist in the defense of the defendants, but 

defendant’s counsel must provide such persons and entities a copy of this Order in 

advance of the receipt of designated Attorneys’ Eyes Only Materials and such persons 

and entities are subject to the restrictions of this Order and in the same manner as if 

they were defendant’s counsel, excluding that they are not authorized to further 

disclose Attorneys’ Eyes Only Materials. Disclosures by defendant’s counsel of 

Attorneys’ Eyes Only Materials beyond these are not authorized without prior notice 

to the government and authorization from the Court.

6. Copied or reproduced Attorneys’ Eyes Only Materials must retain the 

“ATTORNEYS’ EYES ONLY” watermark, header or footer, respectively. Such copies 

and reproductions shall be treated in the same manner as the original materials.

7. Notes or records of any kind made in relation to the contents of the 

Attorneys’ Eyes Only Materials by defendant’s counsel, or authorized persons, are to 

be treated in the same manner as the original materials. 

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8. At least three business days before publicly filing any Attorneys’ Eyes 

Only Materials or quoting from or summarizing the contents of the Attorneys’ Eyes 

Only Materials in a public filing, the defense will provide notice to the assigned 

Assistant United States Attorney(s) to allow the United States to seek redactions of 

such materials or request that such materials be filed under seal. This provision does 

not prevent the defense from filing Attorneys’ Eyes Only Materials under seal or 

quoting from or summarizing the contents of the Attorneys’ Eyes Only Materials in a 

submission made under seal. 

9. Attorneys’ Eyes Only Materials filed in pretrial proceedings must be 

submitted with all original Attorneys Eyes Only Materials watermarks, headers and 

footers.

10. A party may object to the designation of any of the materials as 

Attorneys’ Eyes Only Materials. 

a. Upon an objection, the government and defendant’s counsel shall 

first confer with each other regarding the objection and discuss the potential 

redesignation (removal of the “Attorneys Eyes Only” designation) of some or all of 

such materials.

b. If, after conferring, the government and defendant’s counsel reach 

an agreement as to the appropriate designation of certain materials, such agreement 

shall be memorialized in writing, and the government shall then reproduce such 

materials or a portion of such materials at issue without the “ATTORNEYS’ EYES 

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ONLY” markings. The re-designation of any such Attorneys’ Eyes Only Materials will 

also result in the re-designation of any copies or reproductions of such materials, as 

well as any such notes or records of any kind made in relation to the contents of such 

re-designated materials. 

c. If, after conferring, the government and defendant’s counsel

cannot reach an agreement as to the appropriate designation of certain materials, 

any objection to the designation of such materials shall be filed within the deadline 

for filing of pretrial motions, or no later than 10 days after receipt of discovery 

tendered after the motions filing deadline. Attorneys’ Eyes Only Materials subject to 

objection shall be filed under seal, consistent with the provisions of this Order. 

11. The restrictions set forth in this Order do not apply to documents that 

are or become part of the public Court record, including documents that have been 

received in evidence at other trials, nor do the restrictions in this Order limit defense 

counsel in the use of discovery materials in judicial proceedings in this case, except 

as set forth above.

12. Watermarks, headers, footers, and other indicia identifying material as 

“ATTORNEYS’ EYES ONLY” must be removed from any trial exhibit before the 

exhibit is tendered to a witness and/or disclosed to a jury, and the government will 

cooperate with the defendants in the removal process prior to trial. Upon conclusion 

of the proceedings before this Court, all exhibits subject to the heightened restrictions 

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of this Order applied to the Attorneys’ Eyes Only Materials, shall be returned to the 

government and preserved as modified under this provision for the record on appeal.

13. Upon conclusion of all stages of this case, the Attorneys’ Eyes Only 

Materials and all copies, notes, or records thereof shall be disposed of in accordance 

with paragraph 6 of the Original Protective Order. The Court may require a 

certification as to the disposition of such Attorneys’ Eyes Only Materials. If the 

Attorneys’ Eyes Only Materials are retained by defendant’s counsel, the restrictions 

of this Order continue in effect for as long as the Attorneys’ Eyes Only Materials are 

so maintained. The Attorneys’ Eyes Only Materials maintained by defendant’s 

counsel must be clearly marked as such in counsels’ files, and the Attorneys’ Eyes 

Only Materials may not be disseminated or used in connection with any other matter 

without further order of the Court. 

[Continued on next page.]

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14. Nothing contained in this Order shall preclude any party from applying 

to this Court for further relief or for modification of any provision hereof.

ENTER:

 

IAIN D. JOHNSTON

District Judge

United States District Court

Northern District of Illinois

Date: June 5, 2023 

Agreed and Jointly submitted by:

/s/ Mark A. Byrd June 5, 2023 

MARK A. BYRD DATE 

Attorney for Julian Wyre

/s/ Michael C. Beckman June 5, 2023 

MICHAEL C. BEKMAN DATE 

Assistant United States Attorney

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