Protective Order as to Pierre Rogers, Joshua Leavitt — USA v. Rogers et al. (Dkt. 18)

Summary

A Protective Order, Document 18, filed 07/12/22 in United States of America v. Pierre Rogers and Joshua Leavitt, No. 22-cr-74-PB-01/02, in the U.S. District Court for the District of New Hampshire. It follows the government's assented-to motion for a protective order for discovery under Fed. R. Crim. P. 16(d)(1). The order limits use of the Discovery Material to preparing and presenting a defense and bars defense teams and defendants from copying or sharing it beyond the defense teams. It requires counsel to destroy copies when they are no longer needed and, at the end of the matter, to return or destroy the material and certify destruction within 30 days. It is signed by Hon. Paul J. Barbadoro, dated 7/12/2022, and runs two pages.

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Full text

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW HAMPSHIRE 
 
 
UNITED STATES OF AMERICA 
 
               v. 
 
PIERRE ROGERS and 
JOSHUA LEAVITT, 
 
                         Defendants 
 
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No. 22-cr-74-PB-01/02 
 
 
Protective Order 
 
Upon consideration of the government’s assented-to motion for a protective order 
regarding discovery to be produced in this case (the “Discovery Material”), pursuant to Fed. R. 
Crim. P. 16(d)(1), it is hereby  
ORDERED 
1. 
For purpose of this Order, the term “defense team” means defense counsel, defense 
counsel’s staff, and anyone directly engaged by defense counsel to assist in preparing and 
presenting a defense, including sentencing arguments, in this case.  The “defendants” are Pierre 
Rogers and Joshua Leavitt. 
2. 
The Discovery Material shall be used by the defendants and their defense teams only as 
necessary to prepare and present a defense in this case. 
3. 
Defense counsel shall maintain custody of the Discovery Material and shall not make 
copies of the Discovery Material unless necessary to provide them to the defendants or other 
member(s) of the defense teams who will use the copies only to assist in the defense of this case.  
All copies of Discovery Material, including those provided to member(s) of the defense team and 
the defendants, are subject to and protected by this Order. 
Case 1:22-cr-00074-PB     Document 18     Filed 07/12/22     Page 1 of 2

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4.
Defense counsel shall show and provide copies of Discovery Material only to the
defendants and members of the defense teams.  In showing or providing copies of Discovery 
Material, defense counsel must take steps that reasonably assure that the Discovery Material will 
not be viewed by any other person who is not a defendant or a member of the defense teams. 
5.
Defense counsel may provide a copy of the Discovery Material to the defendants.  If
defense counsel provides a copy of Discovery Material to the defendants, defense counsel must 
also provide the defendants with a copy of this Order and explain its terms.  The defendants shall 
not make any copies of the Discovery Material.  The defendants shall not show or otherwise 
provide Discovery Material to anyone who is not a member of the defense team and shall only 
use Discovery Material to assist in the defense of this case. 
6.
Defense counsel shall collect and destroy any and all copies of the Discovery Material
when it is no longer needed by the defendants or the other members of the defense teams to 
prepare and present a defense in this case. 
7.
At the conclusion of this matter, defense counsel shall either return all Discovery
Material and remaining copies of Discovery Material (including, but not limited to all copies in 
the possession of the defendants or any member of the defense teams) to the United States 
Attorney’s office or destroy all such material.  If defense counsel destroys the Discovery 
Material, defense counsel shall certify to the United States within 30 days of conclusion of this 
matter that the Discovery Material and all copies of the Discovery Material (including, but not 
limited to all copies in the possession of the defendant or any member of the defense team) have 
been destroyed.  The term “conclusion of this matter” shall include the exhaustion of appeals and 
collateral review. 
_____________________________________ 
Hon. Paul J. Barbadoro 
United States District Judge 
District of New Hampshire 
Date: 7/12/2022
/s/Paul Barbadoro 
Case 1:22-cr-00074-PB     Document 18     Filed 07/12/22     Page 2 of 2

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