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United States v. Sablan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 8, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSEPH CABRERA SABLAN AND JAMES NINETE LEON GUERRERO, DEFENDANTS.

The opinion of the court was delivered by: Judge: The Honorable Oliver W. Wanger

DEATH PENALTY CASE

ORDER TO VACATE HEARING AND TO SET DEADLINE TO FILE DISCOVERY STATUS REPORTS

This matter is before the Court based upon a stipulation of the parties to vacate the hearing currently set for February 16, 2010. The Court being fully apprised in this matter, makes the following FINDINGS:

1. This matter is set for a hearing to be held on February 16, 2010. The purpose of the hearing is for the parties to argue, and for the Court to decide, the relative merits of the Motions to Compel (Doc. Nos. 155 and 156) that were filed by Defendants Sablan and Leon Guerrero.

2. The Court has been made aware based upon the Response filed by the Government (Doc. No. 159), that the Government withdrew the claims of privilege and work-product protection that were the subject of the Motions to Compel.

3. There now appears to be no reason to hold the hearing that was set for February 16, 2010.

4. This case remains set on this Court's calendar for March 15, 2010, for a status conference and review of all discovery issues. The Government requests that, at this hearing, the Court set a schedule for hearing any further motions related to discovery. This Order addresses the March 15 hearing as well.

Wherefore, the Court enters the following ORDERS:

1. Based upon the Response filed by the Government (Doc. No. 159), the Defendants' respective Motions to Compel (Doc. Nos. 155 and 156) are DENIED as moot.

2. The hearing presently set for February 16, 2010 is hereby VACATED.

3. The matter remains set on the Court's docket for March 15, 2010 at 2:00 p.m. The purpose of the hearing will be to advise the Court of the status of the production of discovery, both pursuant to the Court's Order dated October 15, 2009 (Doc. No. 124), and in regard to any other discovery requests or issues, either filed with the Court or pending an informal resolution. The parties should also be prepared to discuss a schedule for hearing any further motions related to discovery. In this regard, the Court Orders as follows:

A. Each defendant shall submit to the Court and to the Government, no later than March 1, 2010, a status report detailing the progress made on the discovery issues contained in the Court's Order of October 15, 2009. This status report shall also advise the Court of any other discovery issues that are currently outstanding in any form, whether a motion has been filed with the Court or the matter remains at the informal stage.

B. In the event the Government desires to file a response to these status reports, that response shall be filed no later than March 10, 2010.

4. Following the status hearing on discovery, the Court will hold an ex parte budget conference with counsel for the defendants. Counsel for each Defendant will individually be prepared to discuss those matters.

IT IS SO ORDERED

OLIVER W. WANGER UNITED STATES SENIOR DISTRICT JUDGE

20100208

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