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United States v. Benson

United States District Court, Ninth Circuit

October 15, 2013

UNITED STATES OF AMERICA,
v.
BURTON O. BENSON and ERIC BURTON BENSON, Defendants.

TRIAL SETTING ORDER

YVONNE GONZALEZ ROGERS, District Judge.

Having considered the filings to date and the arguments and other submissions at the Pretrial Conference, for good cause shown the Court enters the following orders:

1. Trial Date and Schedule: The trial of this matter is scheduled for to begin on June 16, 2014, at 8:30 a.m. in Courtroom 1 of the above-referenced Court. Parties are advised that jury selection may be advanced to Friday, June 13, 2014. The Court will make the final determination on this issue at the Pre-Trial Conference. Trial is estimated to last fifteen (15) court days.

Trial schedule will be generally as follows, Monday through Friday, from 8:30 a.m. to 1:30 p.m. with two fifteen minute breaks. Additional time may be scheduled for matters outside the presence of the jury as necessary and determined by the Court. Side bars are not permitted. Counsel should be prepared to anticipate issues so that they may be addressed outside of normal trial hours.

2. Pre-Trial Conference:

a. A pre-trial conference shall be held on Friday, May 30, 2014, at 9:30 a.m.

b. The parties shall comply with Local Rule 17.1-1(b) and the Court's Standing Order in Criminal Cases. However, the parties shall file the pretrial conference statement addressing all fifteen (15) issues identified therein and all related filings by May 16, 2014.

3. Motions in Limine:

A motion in limine refers "to any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered." Luce v. United States, 469 U.S. 38, 40, n. 2 (1984).

Not less than twenty-one (21) days prior to the pretrial conference, the parties shall serve, but not file, motions in limine. Not less than ten (14) days prior to the pretrial conference, the parties shall serve any oppositions thereto. The parties shall then meet and confer to resolve the motions. Any motions not resolved shall be filed not less than seven (7) days prior to the pretrial conference. The parties shall submit a JOINT CHAMBERS set including both the motion and the respective opposition. The proponent of the motion shall also submit a COMPREHENSIVE proposed form of order summarizing each motion and the requested relief.

Court hereby orders that witnesses shall be excluded until testimony is completed. Parties are ordered to admonish witnesses of the Court's rulings. Failure to comply with a ruling by the Court may result in sanctions, including without limitation the striking of the witness's entire testimony.

4. Motions Other Than Motions In Limine:

All other motions, other than motions in limine, will be scheduled for briefing at the next status conference scheduled for December ...


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