U.S. v. Bravo

Full title: UNITED STATES OF AMERICA, Plaintiff, v. 4. RUBEN BRAVO, Defendant

Court: United States District Court, D. Colorado

Date published: Jan 9, 2009

Criminal Case No. 08-cr-00340-REB-04 (D. Colo. Jan. 9, 2009)

Opinion

Criminal Case No. 08-cr-00340-REB-04.

January 9, 2009

ORDER GRANTING DEFENDANT RUBEN BRAVO'S MOTION FOR RECONSIDERATION OF SCHEDULING ORDER

ROBERT BLACKBURN, District Judge

The matter before me is Defendant Ruben Bravo's Motion For Reconsideration of Scheduling Order, Request to be Heard, and Objections [#183] filed January 8, 2009. I grant the motion.

On December 4, 2008, I entered a Scheduling Order [#161], which provided, inter alia, "That as soon as practicable, counsel for the parties SHALL MEET AND CONFER, and by no later than January 9, 2009, SHALL FILE a proposed joint or partially joint and/or individual scheduling orders, which shall address, inter alia, 1) the deadlines for filing non-CJA, pretrial motions and responses; and 2) the date and time of a telephonic scheduling conference at which timely filed pretrial motions that the court determines should be set for hearing may be set for hearing. See Order [#161] at 1-2, ¶ 1. On January 6, 2009, the government filed its Notice of Filing Government's Proposed Scheduling Order [#180]. On January 7, 2009, I entered a Scheduling Order [#182], which was based on the government's proposed order. On January 8, 2009, defendant filed his motion to reconsider.

I find and conclude (1) that my Scheduling Order [#182] entered on January 7, 2009, was entered prematurely prior to the January 9, 2009, deadline imposed in my Scheduling Order [#161] entered December 4, 2008; (2) that the Scheduling Order [#182] is opposed; (3) that the Scheduling Order [#182] should be vacated, pending further hearing; and (4) that defendant's motion to reconsider should be granted consistent with the foregoing findings and conclusions.

THEREFORE, IT IS ORDERED as follows:

1. That Defendant Ruben Bravo's Motion For Reconsideration of Scheduling Order, Request to be Heard, and Objections [#183] filed January 8, 2009, is GRANTED consistent with the foregoing findings and conclusions;

2. That the Scheduling Order [#182] entered on January 7, 2009, is VACATED, pending further hearing and order of court; and

3. That the entry of an appropriate scheduling order SHALL BE CONSIDERED during the second status conference on Friday, February 6, 2009, commencing at 2:30 p.m.