Stipulated Protective Order — United States v. Rabbitt and Aguilar, 3:23-cr-00320 (D.N.J., Document 41)

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Document 41, filed 06/05/23, in Case 3:23-cr-00320-MAS, is a Stipulated Protective Order in United States of America against Jean E. Rabbitt and Kevin Aguilar in the District of New Jersey, entered on the application of the United States and upon consent of the defendants. It states that the Government anticipates disclosing "Disclosure Material", which the defense may use solely for purposes of defending the action and may disclose only to listed persons, including retained expert witnesses. It requires the defense to return or securely destroy or delete Disclosure Material within 30 days of the events listed. The consent block shows /s/ David V. Simunovich, /s/ Laura Sayler (counsel for Defendant Jean Rabbitt) and /s/ Alyssa Cimino (counsel for Defendant Kevin Aguilar).

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Case 3:23-cr-00320-MAS Document 41 Filed 06/05/23 Page 1 of 6 PagelD: 141

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA

V. HON. MICHAEL A. SHIPP
JEAN E. RABBITT and Crim. No. 23-320 (MAS)
KEVIN AGUILAR

STIPULATED PROTECTIVE ORDER

Upon the application of the United States of America, and upon consent of
the defendants, the Court finds and orders as follows: |

1. Disclosure Material. The Government anticipates disclosing to the
defendants documents, objects and information as defined by Rule 16(a)(1)(A)-(F),
materials pursuant to 18 U.S.C. § 3500, and potential exculpatory or impeachment
material (“Disclosure Material”). The Disclosure Material produced pursuant to a
scheduling order determined by the Court, includes material that (i) affects the
privacy and confidentiality of individuals; (i) would impede, if prematurely
disclosed, the Government’s ongoing investigation of uncharged individuals; (111)
would risk prejudicial pretrial publicity if publicly disseminated; and (iv) is not
authorized to be disclosed to the public or disclosed beyond that which is necessary
for the defense of this criminal case. Thus, the entry of a protective order is
appropriate.

2. Facilitation of Discovery. Entry of this Order permits the

Government to expeditiously produce the Disclosure Material without further
Case 3:23-cr-00320-MAS Document 41 Filed 06/05/23 Page 2 of 6 PagelD: 142

litigation or the need for redaction. It also affords the defense prompt access to
those materials, in unredacted form, facilitating the preparation of the defense.

3. Timing and Scope of Disclosures. Nothing in this Order changes
in any way the timing or scope of the Government’s discovery disclosure
obligations, and those disclosures remain governed by Rule 16, 18 U.S.C. § 3500,
and other statutory and constitutional authorities.

4. Good Cause. There is good cause for entry of this protective order. IT
IS on this 5th day of June, 2023, ORDERED that:

5. To the extent practicable, Disclosure Material shall be provided to the
defendant by the Government in digital format on an external hard drive or other
external hardware.

6. Disclosure Material shall not be disclosed by the defendants or their
respective defense counsel, including any successor counsel (“the defense”) other
than as expressly permitted by this Order. Disclosure Material shall be used by
the defense solely for purposes of defending this action. The defense shall not
disclose any Disclosure Material to any third party except as expressly set forth
below.

7. Disclosure Material may be disclosed by the defense only to:

a. Personnel for whose conduct counsel is responsible, i.e.,
personnel employed by or retained by counsel, as needed for
purposes of defending this action;

b. Expert witnesses retained by defense counsel, but counsel
shall not permit such individuals to possess or retain

2
Case 3:23-cr-00320-MAS Document 41 Filed 06/05/23 Page 3 of 6 PagelD: 143

Disclosure Materials or duplicate versions beyond the
deadlines set forth in Paragraph 11, infra;

c. Prospective witnesses for purposes of defending this action,
but counsel shall not permit such individuals to possess or
retain Disclosure Materials or duplicate versions; and

d. Any Coordinating Discovery Attorney (“CDA”) appointed
pursuant to the Criminal Justice Act in this case, and any
CDA employees and vendors the CDA may engage in the
course of their duties.

e. Nothing in this order shall prohibit defense counsel for either
defendant from disclosing the Disclosure Materials to counsel
or successor counsel of a co-defendant.

8. The Government may authorize, in writing, disclosure of Disclosure
Material beyond that otherwise permitted by this Order without further order of
this Court.

9. This Order does not prevent the disclosure of any Disclosure Material
in any hearing or trial held in this action, or to any judge or magistrate judge, for
purposes of this action. But if a party wishes to submit Disclosure Material to a
court in connection with a motion or application for relief, that party shall do so
pursuant to the same procedures used for sentencing materials, as outlined in the
District of New Jersey’s Protocol for Disclosure of Sentencing Materials (available
at https://www.njd.uscourts. gov/court-info/local-rules-and-orders). Under those

procedures:
Case 3:23-cr-00320-MAS Document 41 Filed 06/05/23 Page 4 of 6 PagelD: 144

a. The Disclosure Material in question must be submitted directly to
the court and all counsel of record in the underlying prosecution;
absent a court order, no Disclosure Material may be filed on the
Court’s Case Management/Electronic Case File System (“ECF”).

b. The submitting party must file a contemporaneous notice on ECF
that Disclosure Materials have been submitted to the Court
pursuant to this protective order.

c. Public access to the Disclosure Materials shall be governed by the
same procedure set forth in paragraphs two through five of the
District of New Jersey’s Protocol for Disclosure of Sentencing
Materials.

10. For any Disclosure Material made public, the publishing party must
comply with the provisions of Federal Rule of Criminal Procedure 49.1.

11. Counsel may use Disclosure Material at trial, subject to Rule 49.1 and
any other applicable law or rules. Disclosure Material introduced as exhibits at a
hearing or at trial are no longer subject to the restrictions set forth in this
Protective Order.

Return or Destruction of Material

12. Except for Disclosure Material that has been made part of the record
of this case, the defense shall return to the Government or securely destroy or
delete all Disclosure Material within 30 days of: (a) the expiration of the period for

direct appeal from any verdict in the above-captioned case; (b) the expiration of the
Case 3:23-cr-00320-MAS Document 41 Filed 06/05/23 Page 5 of 6 PagelD: 145

period of direct appeal from any order dismissing any of the charges in the above-
captioned case; (c) the granting of any motion made on behalf of the Government
dismissing any charges in the above-captioned case; or (d) the issuance of an
opinion by an appellate court that terminates the case, whichever date is later.

13. The defense shall provide a copy of this Order to prospective
witnesses and persons retained by counsel to whom the defense has disclosed
Disclosure Material. All such persons shall be subject to the terms of this Order.
Defense counsel shall maintain a record of what Disclosure Material has been
disclosed to which such persons.

14. This Order is binding on all future and successor counsel.

[remainder of page intentionally blank]
Case 3:23-cr-00320-MAS Document 41 Filed 06/05/23 Page 6 of 6 PagelD: 146

Retention of Jurisdiction

15. The provisions of this Order shall not terminate at the conclusion of
this criminal prosecution and the Court will retain jurisdiction to enforce this
Order following termination of the case.

IT IS SO ORDERED this 5th day of June 2023:

United States Distriét Judge

Consented to as to form and entry:

/s/ David V. Simunovich /s/ Laura Sayler
Assistant U.S. Attorney Laura Sayler, Esq.
Counsel for Defendant Jean Rabbitt

/s/ Alyssa Cimino

Alyssa Cimino, Esq.
Counsel for Defendant Kevin Aguilar


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