United States District Court, E.D. California
LAWRENCE J. O'NEILL, UNITED STATES CHIEF DISTRICT JUDGE
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.
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:
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.
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.
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,
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.
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.
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