IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 20, 2012
UNITED STATES OF AMERICA,
JOSE LUIS ESPARZA, ET AL.,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
BENJAMIN B. WAGNER United States Attorney KIMBERLY A. SANCHEZ Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, CA 93721 Telephone: (559)497-4000
MOTION AND ORDER TO VACATE ORDER SETTING
DUE DATE FOR GOVERNMENT'S RESPONSE TO DEFENDANT'S
MOTIONS FOR BRADY MATERIAL AND DISCOVERY
Benjamin B. Wagner, United States Attorney by and through Kimberly A. Sanchez, Assistant U.S. Attorney file this motion to vacate the order setting the due date for the government's response to the defendant's Motion for Release of Brady Materials and Motion for Discovery and Inspection.
On or about November 21, 2011, the Court set a motion schedule requiring the defendant to file motions on or before February 27, 2012, the government to file its response on or before March 19, 2012, and setting a hearing on the motions and trial confirmation for April 2, 2012. On February 27, 2012, defendant Esparza filed the above-listed motions. Since that time, the parties have engaged in plea negotiations, and believe that the matter will settle without the need for the case to proceed to trial. As such, the government requests that the order setting March 19, 2012 as the due date for the government's response to motions be vacated. Defendant Esparza's counsel has no objection to this motion. Should the matter fail to resolve, the parties will confer and request a new date for the government's response at the hearing on April 2, 2012. The government has not contacted counsel for co-defendant Galvan Cortes, as the parties have reached a plea agreement which is on file. The government has attempted to contact counsel for co-defendant Hector Mariscal. Since Wednesday, March 14, 2012, the government made attempts to contact counsel by leaving 2 voice messages on the voice mail at the number listed for counsel on the docket for this case, by sending 2 e-mails to the address listed on the docket sheet, by joining the professional networking web site for which undersigned counsel received invitations from Mariscal's counsel and sending a message via the web site, and by sending a letter today via overnight certified mail. Mariscal's counsel has not responded to any of the government's attempts to contact him. Even though the government has not obtained defendant Mariscal's counsel's consent to this request, he did not join in defendant Esparza's Motions.
Therefore, the government requests that the Court grant this motion.
IT IS SO ORDERED.
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