Case 2:17-cr-00713-JJT Document 56 Filed 08/02/17 Page 1 of 3

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 United States of America, CR-17-00713-PHX-JJT (JZB)
10 Plaintiff, PROTECTIVE ORDER
RE: CONFIDENTIAL INFORMATION
11 v.
12 Gary Leonard Pierce, et al.,
13 Defendants.
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15 Based upon the United States of Americas Response to Joint Motion to Compel
16 and Motion for Protective Orders, and good cause appearing, it is appropriate to enter a
17 Protective Order concerning the disclosure of confidential materials exchanged between
18 the parties, in light of the confidential and sensitive information which may be disclosed
19 in accordance with Fed. R. Crim. P. 16 and other discovery obligations of the parties as
20 provided by law.
21 IT IS HEREBY ORDERED:
22 1. All Confidential Material exchanged between the parties will be handled in
23 accordance with the terms of this Protective Order. The term Confidential Material
24 shall be defined for purposes of this order as (A) the following material provided by the
25 United States to the defendants: (i) FBI reports of interviews (FBI 302s), (ii) audio
26 recordings of witness interviews, (iii) transcripts of recorded witness interviews, and (iv)
27 any grand jury transcript of witness testimony; and (B) the following material provided to
28 the United States by defendants: (i) reports of interviews, (ii) audio recordings of witness
 Case 2:17-cr-00713-JJT Document 56 Filed 08/02/17 Page 2 of 3

1 interviews, and (iii) transcripts of recorded witness interviews. The Court excludes from
2 classification as Confidential Material for purposes of this Order the recordings of
3 witness interviews, transcripts of those interviews and FBI Form 302 reports of those
4 interviews involving any Defendant as the interview subject and which the Governments
5 counsel has identified as not subject to the Order.
6 2. Confidential Material provided by the United States to the defendants shall
7 be reviewed only by defendants, their attorneys of record, employees of such attorneys to
8 whom it is necessary that the materials be shown for the purposes of preparation, trial,
9 and appeal of this matter, witnesses or potential witnesses and their counsel, and experts
10 or consultants assisting in the preparation, trial and appeal of this matter. No additional
11 copies of such materials shall be made except as necessary for the preparation, trial and
12 appeal of this matter. Such witnesses, counsel, experts or consultants to whom
13 Confidential Material is disclosed must be served with a copy of this Protective Order
14 prior to disclosures of Confidential Material to them.
15 3. The United States shall similarly be bound by the above conditions and
16 restrictions on Confidential Material provided by the defendants to the United States. It
17 is understood that among the persons to whom the government will need to disclose
18 certain Confidential Material are law enforcement agents engaged in the preparation for
19 any trial or hearings in this case.
20 4. Confidential Material disclosed by the parties shall be used solely for the
21 preparation, trial and direct appeal of this matter and for no other purpose whatsoever.
22 The contents of the Confidential Material disclosed to the defendants or by the
23 defendants shall not be disclosed to any other individual or entity in any manner except to
24 a photocopy service as agreed by the parties or by further order of this Court.
25 5. Nothing in this Protective Order limits the defendants or the United States
26 from disclosing Confidential Material in this or related judicial proceedings, including
27 motions, hearings, trial, or appeal.
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1 6. Within 60 days from the conclusion of these proceedings and any direct
2 appeal from these proceedings, the Confidential Material disclosed by the parties and any
3 duplicates made in the preparation, trial and direct appeal of this matter shall be returned
4 to the United States or to the defendant who disclosed the material, unless the Court gives
5 specific permission for an exception to this requirement..
6 IT IS FURTHER ORDERED that excludable delay under 18 U.S.C.
7 3161(h)(1)(D) will commence on July 3, 2017 for a total of 32 days.
8 Dated this 2nd day of August, 2017.
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10 Honorable John J. Tuchi
11 United States District Judge

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