Opinion
CR 21-328 YGR
01-11-2024
UNITED STATES OF AMERICA, Plaintiff, v. DAVID CERVANTES, JAMES PEREZ, GEORGE FRANCO, TRINIDAD MARTINEZ, and GUILLERMO SOLORIO Defendant.
ORDER MODIFYING PRETRIAL SCHEDULE
YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE
On January 11, 2024, the Court held a regularly-scheduled status conference. The Court confirms the trial date to June 3, 2024, and upon request of the defendants, makes the following minor modifications noted in red to the pretrial schedule:
At the status conference, defendant Guillermo Solorio and George Franco both join all motions which are being, and have been filed, and yet object to the trial date of June 3, 2024. The Court finds the objection disingenuous and an act of gamesmanship. The Court overruled that objection and again excludes time under the Speedy Trial Act moving the trial date back and the exclusion of time under the Speedy Trial Act. 18 U.S.C. § 3161 until June 3, 2024. 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.
Event
Deadline/Date
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. February 15, 2024, 9 a.m.
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 14, 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 Non-Wiretap Evidence, Motion to Dismiss, Motion Alleging Defects in Indictment
March 14, 2024, 9 a.m.
Proposed Additions to the Standard Survey Monkey Questionnaire
March 1, 2024
Status Conference
March 14, 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.
Event
Deadline/Date
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.
Further, as stated on the record, to facilitate a process for defense counsel to have legal visits with their clients at the courthouse, the Court will be contacting defense counsel ex parte to formalize communications with the United States Marshal Service.
IT IS SO ORDERED.