UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 18, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
JOSEPH CABRERA SABLAN, AND JAMES NINETE LEON GUERRERO, DEFENDANTS.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
Order Setting Motion and Trial Schedule
Defendants Joseph Cabrera Sablan ("Sablan") and James Ninete Leon Guerrero ("Guerrero"), filed a Joint Statement of proposed schedule for motions and trial in this case. Sablan filed points and authorities, as well as an ex parte status report, in support of the proposed schedule. Guerrero filed an ex parte supplement to his sealed status report filed before the April 27, 2009 status conference. The government disagreed with the defense proposed schedule and filed an alternative proposed schedule.
The Court has considered the assertions of the parties in this matter, and sets the following motion and trial schedule for this case.
PHASE 1: DISCOVERY MOTIONS Motions due July 13, 2009 Oppositions August 12, 2009 Replies August 26, 2009 Hearing September 8, 2009 PHASES 2 and 3: MOTIONS TO SUPPRESS EVIDENCE & DISMISS THE INDICTMENT; CHALLENGES TO THE DEATH PENALTY Motions due September 21, 2009 Oppositions October 21, 2009 Replies November 20, 2009 Hearing December 14, 2009 PHASE 4: MOTIONS TO CHANGE VENUE AND FOR SEVERANCE
Motions due February 10, 2010 Oppositions March 18, 2010 Replies April 5, 2010 Hearing April 19, 2010 PHASE 5: EXPERT DISCLOSURES: May 17, 2010 PHASES 6 and 7: MOTIONS Re: INADEQUATE EXPERT NOTICE AND TO PRECLUDE OR LIMIT EXPERT TESTIMONY; MOTIONS IN LIMINE, Guilt & Penalty Phases and Trial Confirmation Motions due June 15, 2010 Oppositions July 15, 2010 Replies July 29, 2010
Hearing August 16, 2010 Lodge Proposed Joint Jury Questionnaire, with Objections August 2, 2010 Government dislcosure of Witness List and Exhibits; Defense applications for Writs of Habeas Corpus Ad Testificandum and Trial Subpoenas requiring US Marshal Service transport; Hearing on Jury Questionnaire and Pre-Trial Conference August 16, 2010 Jury selection begins with venire completing the Jury Questionnaire September 13, 2010
The defense shall prepare two budgets for Stage 2 (the post-authorization, pre-trial period) of this case. The proposed budgets for Stage 2-1 (May through December, 2009) are due June 1, 2009.
IT IS SO ORDERED.
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