United States District Court, N.D. California
CORRECTED SECOND ORDER REVISING PRE-TRIAL
WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE
selection for the trial of the first group of defendants will
commence on October 23, 2017, with opening statements to
follow after empanelment. The first group will include
defendants Reginald Elmore, Esau Ferdinand, Adrian Gordon,
Monzell Harding, Charles Heard and Jaquain
Young. Trial of the second group, which includes
defendants Antonio Gilton, Barry Gilton, Lupe Mercado, Paul
Robeson and Alfonso Williams, will commence no later than May
14, 2018. Counsel for Antonio Gilton, Barry Gilton and
Alfonso Williams shall notify the Court promptly if the
conflicts they have identified are resolved prior to that
Pre-Trial Conferences will be held for the first group. The
initial conference is set for September 8, 2017 at 9 a.m. and
the final conference is set for October 6, 2017 at 9 a.m.
(i) Jencks Act materials and transcripts produced pursuant
to the Heightened Protective Order. Defendants' review
Dated: October 2, 2017.
(i) File trial memorandum that briefly states the legal bases
for the charges and the anticipated evidence, and addresses
any evidentiary, procedural, or other anticipated legal
(ii) File proposed jury instructions on all substantive
issues and on any procedural issue not adequately covered by
the Ninth Circuit Manual of Model Jury Instructions. The
submission shall contain both agreed upon instructions (which
shall be so noted), and contested instructions, all in the
order in which they should be read to the jury. Where
contested instructions are included, they should be annotated
both with the proponent's authority for seeking the
instruction and the opponent's reason for opposition.
Counsel shall deliver to Chambers a copy of the joint
submission, on a CD/DVD in Word format. The label shall
include the case number and a description of the documents.
Each requested instruction shall be typed in full on a
separate page and citations to the authorities upon which the
instruction is based shall be included. Instructions shall be
brief, clear, written in plain English, and free of argument.
Pattern or form instructions shall be revised to address the
particular facts and issues of this case. If the parties wish
to have a preliminary statement read to the jury, they shall
jointly prepare and file the text of the proposed preliminary
statement at least seven days prior to the second Pre-trial
(iii) Serve and lodge a proposed form of verdict.
(iv) Counsel shall confer and be prepared to discuss with the
Court at the first Pre-trial Conference any anticipated
evidentiary objections and any means for shortening and
simplifying the trial (by stipulating to such matters as
chain of custody, nature of substances, use of the mails,
(v) Counsel should submit an agreed upon set of additional
requested voir dire questions to be posed by the Court. Any
voir dire questions on which counsel cannot agree shall be
submitted separately. We will discuss the length of follow up
voir dire by counsel at the second Pre-trial Conference.
(i) File oppositions to motions in ...