United States District Court, C.D. California
ANDRÉ BIROTTE JR., United States Attorney, ROBERT E. DUGDALE, Assistant United States Attorney, Chief, Criminal Division, BRANDON D. FOX, Deputy Chief Public Corruption and Civil Rights, LIZABETH ANN RHODES, MARGARET L. CARTER, Assistant United States Attorneys, Public Corruption and Civil Rights Section, Los Angeles, California, Attorneys for Plaintiff UNITED STATES OF AMERICA.
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT AND ORDER RE: NEXT STATUS CONFERENCE
GEORGE H. KING, Chief District Judge.
On Monday, March 10, 2014, the Court held a status conference in this case. Assistant United States Attorney Lizabeth A. Rhodes appeared on behalf of the United States. Defendant Eric Gonzalez was present, represented by Joseph Avrahamy. Defendant Sussie Ayala was present, represented by Patrick Smith. Defendant Fernando Luviano was present represented by Vicki Podberesy. Defendant Pantamitr Zunggeemoge was present represented by Richard Steingard.
Prior to the status conference the parties filed a joint status report indicating their progress as to discovery and any other issues pertinent to the case as of that time.
At the status conference the Court agreed to the proposed status conference in approximately 90 days at which time motions and other matters would be discussed. The Court also stated that there would be 30 day interim status conferences to learn of counsels' progress and to address any issues that may come up in the meantime.
At the status conference, the Court granted Ms. Podberesy request to withdraw as counsel for Mr. Luviano. The Court stated that new counsel will be appointed and a status conference as to Mr. Luviano will be set.
The Court set an interim status conference for Thursday, April 3, 2014, at 9:00 a.m. Moreover, at that time all parties waived excludable time up for the period of March 10, 2014 to April 4, 2014 inclusive.
On March 17, 2014, the parties filed a stipulation in which each of represented the defendants individually and their counsel agreed to excludable time up to June 16, 2014, which the parties estimate will be around the time of the 90 day status conference.
Having considered all of the above, THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS:
I. Preliminary Matters
An indictment was filed in this case on August 15, 2013. Defendants Ayala, Luviano, Zungeemoge, and Womack made their first appearance and were arraigned on December 9, 2013. Defendant Gonzalez made his first appearance and was arraigned on December 13, 2013. All defendants entered pleas of not guilty to all charges. Trial was set to begin before this Court on January 21, 2014, with a status conference set for January 6, 2014.
2. The protective order and order allowing early production of grand jury material were signed by the Court on January 3, 2014. On January 6, 2014, discovery consisting of sixteen (16) discs of mixed media material was produced to all counsel present at the status conference. The same discovery was produced to counsel for defendant Gonzalez on January 8, 2014.
II. The January 6, 2014 Status Conference and Order
3. A status conference was held on January 6, 2014. At that time and because the defendants had not received and therefore had not had time to review the discovery, all ...