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Conferencia de Estatus Del Caso de Nelson Del Valle
Conferencia de Estatus Del Caso de Nelson Del Valle
The United States of America, by and through the undersigned attorneys, states as
follows:
The Government is conducting its final review and organization of discovery in this
case. It includes bank records, personal credit information, and personal identifying
information. Much of this personal information includes social security numbers, dates of
birth, account numbers, and personal residential addresses. Since this indictment charges a
conspiracy, all defendants are equally entitled to all discovery. Due to the amount of
sensitive information contained throughout the discovery, the United States respectfully
submits that the redaction of all sensitive material would be extremely burdensome and likely
Accordingly, the United States requests that a Protective Order be entered to govern
the disclosure of the above mentioned information. This will ensure that the United States
can comply with its Rule 16 discovery obligations while not running afoul of its secrecy
obligations. A proposed Protective Order is attached hereto for the Court=s review.
Case 3:20-cr-00260-SCC Document 21 Filed 08/27/20 Page 2 of 2
RESPECTFULLY SUBMITTED.
W. STEPHEN MULDROW
United States Attorney
s/Scott Anderson
Scott Anderson, G00214
Assistant United States Attorney
Torre Chardón, Suite 1201
350 Carlos Chardón Street
San Juan, PR 00918
Tel. (787) 766-5656
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 27th day of August, 2020, I electronically filed the
foregoing motion with the Clerk of the Court using the CM/ECF system, which will send
s/Scott Anderson
Assistant United States Attorney
2
Case 3:20-cr-00260-SCC Document 21-1 Filed 08/27/20 Page 1 of 4
PROTECTIVE ORDER
To expedite the flow of discovery material between the parties, to facilitate the prompt
credit and other information entitled to be kept confidential, and to ensure that protection is
afforded only to material so entitled, it is, pursuant to the Court=s authority under Fed. R. Crim. P.
That May Be Subject to the Privacy Act, Title 5, United States Code, Section
552a; Title 42, United States Code, Section 1306; or any other Privacy
Protections.
The United States may produce certain individually identifiable information to defendants
pursuant to defendants= discovery requests. The United States shall produce these documents to
the defendants unredacted, as they are pertinent to the case. Upon producing these documents to
the defendants, the United States shall designate them as Aconfidential@ in the manner set forth in
paragraph 2 below. The defendants, including their counsel and those persons assisting them,
may use these documents only for purposes of the litigation, and may disclose them to non-parties
only as needed to assist in this litigation. Should the defendants disagree with this designation,
Case 3:20-cr-00260-SCC Document 21-1 Filed 08/27/20 Page 2 of 4
PROTECTIVE ORDER
United States v. [1] NELSON DEL VALLE-COLON, ET. AL..
Crim. No. 20 - 260 (SCC)
Page 2 of 4
they shall give written notice thereof to the United States identifying the documents that the
defendants contend are not properly designated as confidential. Should the United States continue
to believe the documents are properly designated as confidential, it shall have ten (10) days from
receipt of the defendants= notice to again file a petition for a protective order with the Court
demonstrating that there is good cause to designate the documents at issue as confidential. If a
timely petition for a protective order is filed, the documents at issue will be treated as confidential
until a final, non-appealable order has been entered or until the time to appeal an order has expired.
If no such petition is filed, the documents at issue will not be treated as confidential. If the
defendants accept the designation, or contest the designation but this Court concludes that the
documents should be treated as confidential, the defendants shall not file these documents with, or
submit them to, the Court or reproduce their content in any court filing unless the document or
filing is placed under seal or all information that would identify the subject of the document or
filing has been removed. Within ninety (90) days of the final conclusion of this litigation,
defendant shall return the documents designated Aconfidential@ and all copies, as well as all notes,
Aconfidential@ documents, to counsel for the United States, or shall destroy them and certify in
writing to counsel for the United States that the documents have been destroyed.
Aconfidential@ material covered by this Protective Order, the United States shall so designate on
the material itself, or in an accompanying cover letter, by using the following designation:
PROTECTIVE ORDER
United States v. [1] NELSON DEL VALLE-COLON, ET. AL..
Crim. No. 20 - 260 (SCC)
Page 3 of 4
The procedures for use of designated confidential documents during any hearing or trial of
this matter shall be determined by the parties and the Court in advance of the hearing or trial. The
parties shall consider redacting confidential documents to remove individual personal identifiers;
request the Court to submit such documents under seal; code the documents to substitute a
numerical or other designation for identifying information; request that any exhibit be placed under
seal; introduce summary evidence where practicable which may be more easily redacted; and
assure that all social security and identifying information numbers associated with the names of
individual defendants have been removed. No party shall disclose designated confidential
(4) Filing of Documents. The Clerk shall accept for filing under seal any documents
(5) Modification Permitted. Nothing in this Order shall prevent any party from
seeking modification of this Protective Order or from objecting to discovery that it believes to be
otherwise proper.
shall not constitute a waiver of a party=s assertion that the materials are covered by this Protective
Order.
(7) No Ruling on Discoverability Nor Admissibility. This Protective Order does not
constitute a ruling on the question of whether any particular material is properly discoverable or
admissible and does not constitute any ruling on any potential objection to the discoverability of
any material.
Case 3:20-cr-00260-SCC Document 21-1 Filed 08/27/20 Page 4 of 4
PROTECTIVE ORDER
United States v. [1] NELSON DEL VALLE-COLON, ET. AL..
Crim. No. 20 - 260 (SCC)
Page 4 of 4
(8) No Limit on Use of Own Documents. Nothing in this Protective Order will
prevent a party from using or disclosing its own documents, or from using or disclosing documents
and/or information received by the parties outside the course of discovery in this case.
(9) Requests By Third Parties. In the event of a request by a third party for
disclosure of designated confidential documents, the party originally producing the designated
confidential documents will be given as much notice as practicable prior to any disclosure of the
designated confidential documents to a third party who requests disclosure under any provision of
law.
contained in this Protective Order shall prevent, or in any way limit or impair, the right of the
United States to disclose to any agency or department of the United States, or any division of any
such agency or department, designated confidential documents relating to any potential violation
of law or regulation, or relating to any matter within that agency=s jurisdiction, nor shall anything
contained in this Protective Order prevent, or in any way limit or impair, the use of any such
violation of law or regulation, or relating to any matter within that agency=s jurisdiction; provided,
however, that the agency shall maintain the confidentiality of the designated confidential
IT IS SO ORDERED.
__________________________________
Silvia L. Carreno-Coll
United States District Court Judge