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United States v. York

United States District Court, E.D. California

June 24, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES YORK, et al. Defendants.

          SCHEDULING ORDER

          LAWRENCE J. O'NEILL, UNITED STATES CHIEF DISTRICT JUDGE

         On June 22, 2016, a scheduling conference was held in the above-titled case. Defendants James York, Trenell Monson, Deandre Stanfield, Darrell Maxey, Davon Millro, Kenneth Wharry, Kenneth Ray Johnson III, Kiandre Johnson, Anthony Winfield, William Lee, Kevin Packard, Aquilla Bailey III, Steven Blackmon, Natasha Parks, Luther Newsome, and Marvin Larry, all of whom are in custody, appeared with counsel. Defendants Markeith Canady and Sharika Gaines were not present pursuant to waivers but were represented by counsel. Government counsel was present.

         Upon a joint request by the parties, the Court made a determination that this case is a complex case within the meaning of 18 U.S.C. § 3161(h)(7)(B)(ii), and that time is to be excluded under the Speedy Trial Act, as good cause exists and the ends of justice outweigh the interest of the defendants and the public in a speedy trial. See Bloate v. United States, 559 U.S. 196, 210 (2010). Pursuant to discussions with counsel at the scheduling conference, the Court ORDERS that this case proceed as follows:

         1. Discovery

         The Court GRANTS the motion by defense counsel for the Government to provide discovery items to defense counsel without encryption, subject to the restriction that defense counsel personally retrieve the unencrypted discovery from the U.S. Attorney's office. If defense counsel is unable personally to retrieve the discovery items, an associate, paralegal or investigator may do so on behalf of defense counsel if the associate/paralegal/investigator brings to the U.S. Attorney's office both of the following items: 1) written authorization signed by defense counsel, specifically indicating that the associate/paralegal/investigator is permitted to retrieve the discovery items; and 2) photo identification.

         The Government shall provide all discovery by no later than September 1, 2016. If this deadline is not met by the Government, absent a strong showing of good cause, any discovery produced after September 1, 2016 may not be used by the Government to prosecute this case. Such a circumstance would not, however, relieve the Government from producing the late discovery, and nothing would preclude the Defense from using the late-produced discovery.

         2. Plea Offers

         The Government will make plea offers for all defendants in this case by March 2, 2017. Absent good reason to extend, defendants must respond to the plea agreements by April 18, 2017.

         3. Motions

         All motions must be filed on or before April 3, 2017. Oppositions must be filed on or before May 3, 2017. Replies must be filed on or before June 2, 2017. Discovery-related motions are to be filed before Magistrate Judge Sheila K. Oberto.

         4. Motions Hearing

         A hearing on any non-discovery motions filed pursuant to the above provision is set for Monday, June 26, 2016 at 1:30 pm in Courtroom 4 before Chief Judge Lawrence J. O'Neill.

         5. Witness Statements

         The Government shall provide witness statements by no later than December 1, 2017, but will aim to provide the statements by November 1, 2017. However, due to the complexity of the case and voluminous discovery, and due to the fact that the dates herein agreed to are earlier than prescribed by law, if the Government needs to call a witness unexpectedly after the deadline ...


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