a. If a Defendant is the privilege holder or is entitled to access the discovery material by virtue of a Joint Defense Agreement (“JDA”) (hereinafter the “Asserting Defendant”), that Defendant shall receive a full copy of the discovery material in the same format as it was provided to the Filter Team. The discovery material shall be subject to the Protective Order in this case, as well as to the Protocol, and may not be further disclosed or disseminated except as provided in this Order.

b. The Filter Team shall notify the Asserting Defendant before releasing any of the Asserting Defendant's Potentially Protected Material to the Prosecution Team or producing the same to the other Defendants.

i. Contents of Notice. The notice shall identify the Potentially Protected Material to be released to the Prosecution Team and produced to Defendants, the anticipated date of release to the Prosecution Team and production to Defendants, and a copy of the Protocol Order. The Filter Team shall also provide the Asserting Defendant with an electronic index of the Potentially Protected Material scheduled for release.

ii. Procedures for Objections to Production or Asserting Privilege Claims. If the Asserting Defendant objects to the Filter Team's release to the Prosecution Team or production to other Defendants, or he asserts a privilege claim to protect certain materials from being released or produced in discovery, the Asserting Defendant will notify the Filter Team of his position within thirty (30) days of receiving the electronic copy of the Potentially Protected Material and related notice. The Asserting Defendant's objection will include a privilege log, setting forth the claim asserted—such as attorney-client privilege, work product doctrine protection, or other legally recognized claim—that precludes production for each document logged. The log shall also set forth the document title, subject matter, author(s), recipients(s), date, transmittal detail (if any), location of author(s) and recipient(s), and an explanation of the claim asserted against production. The Asserting Defendant shall email a copy of his objection and privilege log to the Filter Team and other Defendants. If the Asserting Defendant does not respond to the Filter Team's notice within thirty (30) days, the Filter Team or other Defendants may move the Court for a finding that the Asserting Defendant has waived privilege claims.

*2 iii. Procedure for Non-Logged Potentially Privileged Material. The Filter Team will release to the Prosecution Team and produce to the other Defendants the Potentially Privileged Material that the Asserting Defendant does not include on the privilege log.

iv. Meet and Confer. After the Filter Team and other Defendants receive the Asserting Defendant's objection and privilege log, the parties shall have seven (7) business days to meet and confer to try to resolve any areas of disagreement concerning the asserted privilege claim.

v. Motion to Compel. If the Asserting Defendant, other Defendants, and Filter Team cannot come to an agreement as to the asserted claim(s), the other Defendants or Filter Team shall then have seven (7) business days from the date of the meet and confer to move to compel production of the disputed Potentially Protected Material. The moving party shall file a memorandum containing any factual or legal arguments and attach a copy of the Asserting Defendant's privilege log. Upon the Court's request, the Asserting Defendant shall provide a copy of the disputed Potentially Protected Material to the Court ex parte and under seal for in camera review.

vi. Response to Motion to Compel. Within seven (7) business days of the filing of a motion to compel, the Asserting Defendant shall file a response supporting his claim.

vii. Reply Motion. Any reply in support of the motion to compel will be due within five (5) business days of the responsive filing.

viii. Permitted Use. If the Court thereafter authorizes the Filter Team to release the disputed Potentially Protected Material to the Prosecution Team and produce the same to the other Defendants, the Court will retain jurisdiction to determine if, and under what circumstances, the Asserting Defendant, other Defendants, or Prosecution Team may use the Potentially Protected Material at trial.

c. If no Defendant is the privilege holder of the discovery material or is entitled to access the material by virtue of a JDA, before releasing to the Prosecution Team or producing to Defendants any of a third-party claimant's Potentially Protected Material, the Filter Team shall notify the third-party claimant that their Potentially Protected Material will be released to the Prosecution Team and produced as part of the discovery to Defendants, unless such notice would jeopardize an ongoing investigation. In that case, the Filter Team shall seek authorization from the Court as to how to release the Potentially Protected Material at issue to Defendants. In addition, the Filter Team shall concurrently provide to Defendants a copy of the notice provided to the third-party claimant.

i. Contents of Notice. The notice shall identify the Potentially Protected Material to be released to the Prosecution Team and produced to Defendants, the anticipated date of release to the Prosecution Team and production to Defendants, the criminal case number, and a copy of the Protocol Order. The Filter Team shall also provide the claimant with an electronic copy of the Potentially Protected Material scheduled for production. The Filter Team shall not provide a copy of the Potentially Protected Material to the Defendants at this time.

*3 ii. Procedures for Objections to Production or Asserting Privilege Claims. If the third-party claimant objects to the Filter Team's release to the Prosecution Team, discovery production to Defendants, or asserts a privilege claim to protect certain materials, the claimant will notify the Filter Team of their position within thirty (30) days of receiving the electronic copy of the Potentially Protected Material and related notice. The claimant's objection will include a privilege log, setting forth the claim asserted—such as attorney-client privilege, work product doctrine protection, or other legally recognized claim—that precludes production for each document logged. The log shall also set forth the document title, subject matter, author(s), recipients(s), date, transmittal detail (if any), location of author(s) and recipient(s), and an explanation of the claim asserted against production. The asserting third-party claimant shall email a copy of the objection(s) and privilege log to Defendants and the Filter Team. If the claimant does not respond to the Filter Team's notice within thirty (30) days, the Filter Team will provide Defendants with information regarding the Filter Team's attempts to contact the claimant. Thereafter, Defendants and/or the Filter Team may move the Court for a finding that the third-party claimant has waived privilege claims.

iii. Procedure for Non-Logged Potentially Privileged Material. The Filter Team will release to the Prosecution Team and produce to Defendants the Potentially Privileged Material that the third-party claimant does not include on their privilege log.

iv. Meet and Confer. After the Filter Team and Defendants receive the objection(s) and required privilege log from the third-party claimant, the parties shall have seven (7) business days to meet and confer to try to resolve any areas of disagreement concerning the third-party's asserted privilege claim(s). Defendants shall be given notice of the date and time of the meet and confer, and Defendants may participate through counsel.

v. Motion to Compel. If the parties cannot come to an agreement as to the third party claimant's asserted claim(s), the Filter Team and/or Defendants shall have seven (7) business days from the date of meet and confer to move to compel production of the disputed Potentially Protected Material. The moving party shall file a memorandum containing any factual or legal arguments and attach a copy of the third-party claimant's privilege log. Upon the Court's request, the asserting third-party claimant shall provide a copy of the disputed Potentially Protected Material to the Court ex parte and under seal for in camera review.

vi. Response to Motion to Compel. Within seven (7) business days of the filing of a motion to compel, the third-party claimant shall file a response supporting its claim.

vii. Reply Motion. Any reply in support of the motion to compel will be due within five (5) business days of the responsive filing.

viii. Permitted Use. If the Court thereafter authorizes the Filter Team to release the disputed Potentially Protected Material to the Prosecution Team and to produce the same to Defendants, the Court will retain jurisdiction to determine if, and under what circumstances, the Prosecution Team or Defendants may use the Potentially Protected Material at trial.

d. The Court retains jurisdiction to adjudicate any dispute or resolve any privilege claim asserted over the discovery material produced pursuant to the Protocol.

e. If any Defendant or third-party claimant fails to provide a privilege log to the Filter Team or any Defendant sufficient to allow the reviewing party or the Court to determine the nature of the claim, or fails to meet and confer, the Court may determine that such actions constitute waiver of a claim.