Opinion
CR 21-328 YGR
11-27-2023
UNITED STATES OF AMERICA, Plaintiff, v. DAVID CERVANTES, JAMES PEREZ, GEORGE FRANCO, TRINIDAD MARTINEZ, and GUILLERMO SOLORIO Defendants.
MARJA-LIISA OVERBECK LEIF DAUTCH Assistant United States Attorney MARSANNE WEESE Counsel for Defendant Franco JOSEPH ABRAMS Counsel for Defendant Martinez
MARJA-LIISA OVERBECK LEIF DAUTCH Assistant United States Attorney
MARSANNE WEESE Counsel for Defendant Franco
JOSEPH ABRAMS Counsel for Defendant Martinez
ORDER MODIFYING PRETRIAL SCHEDULE
YVONNE GONZALEZ ROGERS United States District Judge
After this Court continued the trial date to June 3, 2024, the parties met and conferred and propose the below pretrial schedule:
At the status conference, defendant Guillermo Solorio once again objected to moving the trial date back and the exclusion of time under the Speedy Trial Act. 18 U.S.C. § 3161. The Court overruled that objection and, at the request of his co-defendants and the government, moved the trial back to June 3, 2024, and excluded time under the Speedy Trial Act until that date. The Court overruled that objection for the same reasons it has previously: The Court is warranted in maintaining a joint trial in this complex RICO case for co-defendants where the government has represented that overlapping evidence would be significant and the exclusion is warranted by the ends of justice. Id. § 3161(h)(6). (Dkt. No. 662.)
Event
Deadline/Date
Gov't Discovery Cutoff Deadline (Discovery produced thereafter shall be excluded absent good cause)
January 2, 2024 Proposed deadline five months before trial is one month longer than previously set.
Motion to Suppress Wiretap
Mot. re TT13, 17, 19, 21-23: October 18, 2023 (Dkt. 962) Mot. re TT16: November 6, 2023 (Dkt. 1000) Omnibus Opp'n: November 15, 2023 Omnibus Reply: December 7, 2023 Hearing: December 14, 2023, 9 a.m.
Hearing on Motion to Suppress Wiretap
December 14, 2023, 9 a.m.
Status Conference
January 11, 2024, 9 a.m. Proposed date supplants date for original First Pretrial Conference at Dkt. 910 at 4.
Motion to Suppress Non-Wiretap Evidence, Motion to Dismiss, Motion Alleging Defects in Indictment
Mot.: January 11, 2024 Opp'n: February 8, 2024 Reply: February 22, 2024 Hearing: March 7, 2024, 9 a.m.
AEO De-Designation, Jencks Act Disclosures
April 1, 2024 Proposed date maintains Court's prior order of disclosure 60 days before trial.
Hearing on Motion to Suppress
March 7, 2024, 9 a.m.
Event
Deadline/Date
Non-Wiretap Evidence, Motion to Dismiss, Motion Alleging Defects in Indictment
Proposed Additions to the Standard Survey Monkey Questionnaire
March 1, 2024
Status Conference
March 7, 2024, 9 a.m. Proposed date supplants date for original Third Pretrial Conference at Dkt. 910 at 3.
Motions in Limine, Daubert Motions
Mot.: March 14, 2024 Opp'n: April 4, 2024 Reply: April 18, 2024 Hearing: May 2, 2024, 9 a.m.
Joint Pretrial Conference Statement, Proposed Jury Verdict Form, Proposed Jury Instructions, Proposed Jury Questionnaires
April 22, 2024
Second Pretrial Conference
May 2, 2024, 9 a.m.
Third Pretrial Conference
May 23, 2024, 9 a.m.
Jury Trial
June 3, 2024, 8 a.m.
IT IS SO STIPULATED.
IT IS SO ORDERED.