The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER REGARDING JOINT SCHEDULING HEARING
Pursuant to the Judge Coughenour's order issued on October 11, 2012, the undersigned will conduct a scheduling conference in this matter. The Court's attempts to secure a date to hold the scheduling conference with all counsel have been unsuccessful. As such, within 10 (ten) days of the date of this order, counsel shall confer and provide two proposed dates for the scheduling conference that is amenable to all of the attorneys involved. As counsel are aware, the jury trial in this matter is scheduled for September 15, 2014. The filing deadlines for discovery motions which will be heard by the undersigned have also already been set as follows
Defendant's Motions: December 7, 2012 Government's Opposition: January 4, 2013
Defendant's Reply: January 18, 2013 To date, the Court has not set a hearing date for the discovery motions. The Court will consider holding the scheduling conference and the hearing on the discovery motions at the same time. However, counsel are advised that the Court will not entertain hearing dates beyond February 15, 2013. If counsel prefer two different hearing dates, they shall so indicate and provide two proposed dates for any hearings requested.
The Joint Scheduling Report
Prior to the scheduling conference, the parties shall meet and confer and prepare a joint scheduling report setting forth additional proposed dates in this matter. The joint scheduling report shall be electronically filed in CM/ECF, no later than ten (10) court days prior to the hearing date, and simultaneously e-mailed in WordPerfect or Word format to email@example.com. When setting the proposed dates in the joint scheduling report, counsel shall be mindful that the trial date of September 15, 2014, is firm. The parties are cautioned that modifications of the scheduling order, once established, will be looked upon with disfavor given the litigation demands of this case.
The joint scheduling report shall include the following
1) A joint neutral statement of the case;
2) Confirmation of the discovery motion dates outlined above and two proposed dates for the hearing (See, Fed. R. Crim. P. 12 and 16);
3) A deadline for the Government's Notice of Aggravating Circumstances pursuant to 18 U.S.C. § 3593, (if different from the Notice of Aggravating Circumstances already filed on March 22, 2012. (Doc. 3));
4) An identification of the number of anticipated trial phases, for example:
b) prior murder special circumstance pursuant to 18 U.S.C. ...