Case 5:20-mj-70721-MAG Document 19 Filed 06/25/20 Page 1 of 3

1 DAVID L. ANDERSON (CABN 149604)

United States Attorney
2
HALLIE HOFFMAN (CABN 210020)
3 Chief, Criminal Division June 25, 2020

4 JUSTIN WEITZ (NYBN 5027966)

JACOB FOSTER (CABN 250785)
5 Assistant Chiefs, Fraud Section

6 U.S. Department of Justice, Fraud Section

950 Pennsylvania Avenue NW
7 Washington, DC, 20530
Telephone: (202) 598-8084
8 Email: Justin.Weitz@usdoj.gov
Jacob.Foster@usdoj.gov
9
WILLIAM FRENTZEN (LABN 24421)
10 Assistant United States Attorney

11 450 Golden Gate Avenue, Box 36055

San Francisco, California 94102-3495
12 Telephone: (415) 436-6959
Fax: (415) 436-7234
13 William.Frentzen@usdoj.gov
14
Attorneys for United States of America
15

16 UNITED STATES DISTRICT COURT

17 NORTHERN DISTRICT OF CALIFORNIA

18 SAN JOSE DIVISION

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20 UNITED STATES OF AMERICA, ) Case No. CR 20-70721-MAG

)
21 Plaintiff, ) [PROPOSED] PROTECTIVE ORDER
)
22 v. )
)
23 MARK SCHENA, )
)
24 Defendant. )
)
25 )

26 The Court having considered the parties’ Stipulation for a Protective Order, and good cause
27 appearing therefor, the Court hereby ORDERS as follows:

28 1. The government has indicated that it will produce to the defendant evidence in this matter

STIPULATION & [PROPOSED] ORDER

CR 20-70721-MAG
 Case 5:20-mj-70721-MAG Document 19 Filed 06/25/20 Page 2 of 3

1 that includes sensitive information relating to the United States’ case-in-chief and ongoing investigations ,

2 including information pertaining to uncharged criminal activity and the identities of cooperating witnesses

3 (collectively “Investigative Material”). Such Investigative Material includes but is not limited to

4 investigative reports and memoranda of interviews; Jencks Act witness statements; grand jury transcripts;

5 Rule 16 discovery, including personal financial and medical records; Brady/Giglio information; and any

6 reciprocal discovery produced by the defendant. The evidence in this case also includes (1) personal

7 identification information for others, including but not limited to names, addresses, dates of birth, social

8 security numbers, and bank account numbers (collectively “Personal Information”); (2) information

9 related to individuals’ health care and medical conditions, including billing and other records.
10 2. In order to protect the confidentiality of such information as is contained in the discovery,
11 the Court orders that only defense counsel, defense counsel’s agents, and the defendant may review the

12 discovery provided by the government in preparation for trial, and that defense counsel, defense counsel’s

13 agents and the defendant may only use the discovery and the information provided therein for the specific

14 purpose of preparing or presenting a defense in this matter, and for no other purpose.

15 3. The Court orders that only defense counsel and defense counsel’s agents may make copies
16 of any discovery provided by the government in this case; and the defendant may make copies for his own

17 use only to the extent that such discovery has been provided to him by defense counsel or defense

18 counsel’s agents, and neither defense counsel, defense counsel’s agents nor the defendant may release any

19 such copies to any third party.

20 4. This Order is applicable to all of the discovery produced in this case, including any

21 discovery produced after entry of this Order.

22 5. The defendant’s attorneys shall inform any person to whom disclosure may be made

23 pursuant to this order of the existence and terms of the Court’s protective order.

24 6. The requested restrictions shall not restrict the use or introduction as evidence of discovery

25 documents containing personal identifying information during the trial of this matter.

26 7. At the conclusion of this matter, defense counsel shall collect and destroy any and all copies

27 of discovery produced by the government and used by the defense for the purpose of preparing or

28 //

STIPULATION & [PROPOSED] ORDER

CR 20-70721-MAG
 Case 5:20-mj-70721-MAG Document 19 Filed 06/25/20 Page 3 of 3

1 presenting a defense in this matter, except a copy set as necessary to maintain in defense counsel’s case

2 file.

3 IT IS SO ORDERED.

25 2020
5 Dated: June____,
____________________________________
6 HON. VIRGINIA K. DEMARCHI
UNITED STATES MAGISTRATE JUDGE
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STIPULATION & [PROPOSED] ORDER

CR 20-70721-MAG