U.S. v. ENCORE SERVICES, LLC

Case No. CR 16-19-GF-BMM.

UNITED STATES OF AMERICA, Plaintiff, v. ENCORE SERVICES, LLC, ZACHARY BROOKE ROBERTS, MARTIN GASPER MAZZARA, and RICHARD LEE BROOME, Defendants.

United States District Court, D. Montana, Great Falls Division.


Attorney(s) appearing for the Case

Encore Services, LLC, Defendant, represented by Eric Ryan Henkel , REEP BELL LAIRD & SIMPSON, P.C. & Michael N. Pancer , LAW OFFICES OF MICHAEL PANCER, pro hac vice.

Zachary Brooke Roberts, Defendant, represented by Eric Ryan Henkel , REEP BELL LAIRD & SIMPSON, P.C. & Michael N. Pancer , LAW OFFICES OF MICHAEL PANCER, pro hac vice.

Martin Gasper Mazzara, Defendant, represented by David Z. Chesnoff , CHESNOFF & SCHONFELD LAW OFFICE & Eric Ryan Henkel , REEP BELL LAIRD SIMPSON & JASPER, P.C..

Richard Lee Broome, Defendant, represented by Ethan A. Balogh , COLEMAN & BALOGH LLP, pro hac vice & Eric Ryan Henkel , REEP BELL LAIRD & SIMPSON, P.C..

USA, Plaintiff, represented by Bryan T. Dake , OFFICE OF THE U.S. ATTORNEY & Ryan G. Weldon , U.S. Attorney's Office.


ORDER

JOHN JOHNSTON, Magistrate Judge.

On March 15, 2017, the Court ordered Robin Kovash, counsel for the Chippewa Cree Tribe, to deliver to the Clerk of Court documents he claimed were privileged so the Court could conduct an in camera review of the documents. (Doc. 178.) On March 29, 2017, Mr. Kovash delivered to the Clerk of Court documents he claimed were protected by the attorney-client privilege as well as documents he claimed were not privileged. (Doc. 204.) The Court ordered the Clerk of Court to return the non-privileged documents to Mr. Kovash to produce to the defendants directly. (Doc. 211.) The Court then reviewed the documents Mr. Kovash claimed were privileged. The Court has completed its review and determined that some of the documents are not protected by the attorney-client privilege. The documents the Court determined are privileged will be filed under seal as exhibit 1 and will not be viewable to either party. The documents the Court determined are not privileged will be filed under seal as exhibit 2 and only viewable by the defendants.

Based on the above, the Court issues the following order:

1. The Clerk of Court must file the privileged documents under seal as exhibit 1 so that they are not viewable by either party. 2. The Clerk of Court must file the unprivileged documents as exhibit 2 so that they are viewable only by the defendants. 3. No ruling on the admissibility at trail of any of the unprivileged documents is intended by this Order.

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