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United States of America v. Deft 1: Charles Ray Moore

May 24, 2011

UNITED STATES OF AMERICA PLAINTIFF,
v.
DEFT 1: CHARLES RAY MOORE, JR. DEFENDANTS.



The opinion of the court was delivered by: Philip S. Gutierrez United States District Judge

E-FILED: 05/24/11

CRIMINAL MOTION AND TRIAL ORDER

This matter is set for trial before the Honorable Philip S. Gutierrez, United States District Judge, Courtroom 880, Roybal Federal Building, 255 E. Temple St., Los Angeles California, 90012.

A. PRETRIAL AND TRIAL DATES AND MOTIONS

1. Pretrial motions shall be filed on or before 05-27-11 (Friday preceding four weeks before status conference/motion hearing; Monday is a holiday). Motions expected to take more than one hour of court time must include a time estimate beneath the hearing date on the face page of the motion.

Oppositions (or notices of non-opposition) shall be filed on 06-06-11. (Monday preceding three weeks before status conference/motion hearing.)

Replies (optional) shall be filed on 06-20-11. (Monday before status conference/motion hearing).

Local Rule 7-12 will apply to papers not timely filed by a party. Adherence to these timing requirements is essential to chambers' preparation of motion matters.

2. Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. No supplemental brief shall be filed without prior leave of court. Typeface shall comply with Local Rule 11-3.1.1. (Civil). NOTE: If Times Roman font is used, the size must be no less than 14; if Courier is used, the size must be no less than 12. Footnotes shall be in typeface no less than one size smaller than text size and shall be used sparingly.

3. Filings that do not conform to the Local Rules and this Order may not be considered.

4. Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.

5. A Status Conference/Motions Hearing is set for 06-27-11 at 10:00 a.m.

6. Trial is set for Tuesday, 07-12-11 at 9:00 a.m.

7. All documents shall be e-filed and served on opposing counsel at approximately the same time.

8. Mandatory chambers copies of all filed pleadings must be delivered to Judge Gutierrez' chambers on the eighth floor not later than 12:00 noon the following business day. For security reasons, courtesy copies should be removed from envelopes or folders before placing them on the table.

9. All Counsel are to list e-mail addresses, facsimile transmission numbers, along with street address (no Post Office box numbers) and telephone numbers, on all papers submitted to the Court.

B. DISCOVERY & NOTICE

Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16 of the Federal Rules of Criminal Procedure. On government counsel's discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), such evidence shall be produced forthwith to counsel for the defendant. Counsel for the government shall also disclose to counsel for defendant the existence or non-existence of : (1) evidence obtained by electronic surveillance; and (2) testimony by a government informer.

C. TRIAL REQUIREMENTS

1. No later than one week before trial, counsel for the government shall file with the Court:

a. In camera (under seal) all statements of all witnesses to be called by the Government in its case-in-chief;

b. A Trial Memorandum setting forth a factual summary of the government's case, a statement of the charges and the elements of each charge, an estimate of the length of the government's case in chief, including anticipated cross-examination, the names of witnesses the government intends to call, and a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. Counsel for the government shall attempt to obtain defense counsel's agreement to the factual ...


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