December 9, 2013
UNITED STATES OF AMERICA,
JONATHAN MOTA, Defendant.
MELINDA HAAG (CABN 132612), United States Attorney, J. DOUGLAS WILSON (DCBN 412811), Chief, Criminal Division, KATHRYN HAUN (DCBN 484141), WILLIAM FRENTZEN (LABN 24421), Assistant United States Attorneys, San Francisco, California, Attorneys for United States of America.
KATHRYN R. HAUN, Assistant U.S. Attorneys,
RICHARD MAZER, MARK GOLDROSEN, Attorneys for Defendant.
STIPULATION WITH RESPECT TO TRIAL AND PRETRIAL SCHEDULE AND [PROPOSED] ORDER
JON S. TIGAR, District Judge.
The parties appeared before the Honorable Jon S. Tigar on December 2, 2013 for a hearing to set dates. Assistant U.S. Attorneys Kathryn Haun and William Frentzen represented the United States, and Richard B. Mazer, Esq. represented the defendant. The government requested a trial date in either February or March 2014. Among other reasons, the government stated that it was in the public's interest, including the victim's family's interest, to have as speedy a trial as possible. Defense counsel opposed the setting of a trial date in early 2014 due to commitments with other cases, including a case set for trial before Judge Illston in April and May 2014. The Court set forth several factors it typically considers in setting a trial date, and the parties agreed to meet and confer and see if they could arrive at a proposed schedule that would suit both sides.
The parties have met and conferred and have arrived at a proposed stipulated schedule for the following trial and pretrial dates. The following schedule presumes an October 6, 2014 trial date. Unless otherwise noted below, these deadlines are reciprocal and apply to each side.
August 1, 2014 Government produces materials necessary for defense reply to outstanding FRE 404(b) and severance motions
August 22, 2014 Defense files replies, if any, to government's previously-filed oppositions to defendant's Motion to Preclude FRE 404(b) Evidence and defendant's Motion to Sever
September 5, 2014 Deadline for filing any additional Motions in Limine
September 6, 2014 Case-in-chief disclosures for experts due
September 12, 2014 Deadline for filing any Oppositions to Motions in Limine
September 17, 2014 Deadline for filing any replies to Motions in Limine
September 19, 2014 Hearing date before the Court on defendant's Motion to Preclude FRE 404(b) Evidence and defendant's Motion to Sever, as well as Motions in Limine
September 26, 2014 Deadline for production of Jencks/Giglio materials that exist at the time and witness and exhibit lists due
September 29, 2014 Pretrial conference
October 6, 2014 Jury selection and trial begins
The parties are set to appear before the Court on Monday, December 9, 2013, at which the parties presume the foregoing will be discussed. Nonetheless, a Proposed Order is attached in the event that following the December 9, 2013 hearing, the Court adopts the instant Stipulated Schedule. Finally, the parties jointly suggest that an additional two status conferences would be appropriate in early and mid 2014 to address any issues and/or discovery matters. SO STIPULATED.
For the reasons adduced at the hearings on December 2, 2013 and December 9, 2013, and those set forth in the parties' Stipulation with Respect to Trial and Pretrial Schedule, it is hereby ordered that the schedule set forth in that Stipulation is adopted by the Court. Those dates shall govern the case. Further, the parties are directed to appear on March 7, 2014 at 9:30 a.m. for status conferences.
IT IS SO ORDERED.