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United States v. Farias-Cardenas, 2:19-CR-0111-WFN (2019)

Court: District Court, D. Washington Number: infdco20191122f68 Visitors: 7
Filed: Nov. 21, 2019
Latest Update: Nov. 21, 2019
Summary: ORDER WM. FREMMING NIELSEN , Senior District Judge . A pretrial conference and motion hearing was held November 20, 2019. The Defendants were present and represented by counsel and in custody as set out in the table below. Assistant United States Attorney Caitlin Baunsgard represented the Government. Defendant Custody Counsel Luis Manuel Farias-Cardenas (1) YES Christopher R. Black Joshua Isaac Stine (2) YES Kent N. Doll, Jr. Patri
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ORDER

A pretrial conference and motion hearing was held November 20, 2019. The Defendants were present and represented by counsel and in custody as set out in the table below. Assistant United States Attorney Caitlin Baunsgard represented the Government.

Defendant Custody Counsel Luis Manuel Farias-Cardenas (1) YES Christopher R. Black Joshua Isaac Stine (2) YES Kent N. Doll, Jr. Patrick Elliott Pearson (3) YES Brian P. Whitaker Cristian Misael Gomez (4) YES James M. Parkins Luis Manuel Ramirez (5) YES Timothy D. Trageser Zacarias Martinez-Garza (6) YES Roger J. Peven Noe Angel Gonzalez-Martinez (7) No Curran C. Dempsey Mariano Ruiz-Balderas (8) YES Karen S. Lindholdt Jesse Leon Manion, Jr. (9) No Jeffrey S. Niesen Heather Elaine Keating (10) No Bevan J. Maxey Leonel Caballero (11)- not present No Richard L. Mount Forest Walker Herzog (12) No David M. Miller Amy Jo Dygert (13) No Nicolas V. Vieth Randall Curtis Gross (14) YES Walter L. Ayers/Zachary L. Ayers Michael Edward McLaughlin, Jr. (15) YES Frank L. Cikutovich Jesus Valenica-Morfin (16) YES Virginia Rockwood Gerardo Farias Contreras (17) and 2:19-CR-0119-1 YES Mark E. Vovos Eliceo Farias-Cardenas (18) YES David Hammerstad

The Government updated the Court as to the status of discovery. The Court reviewed Behind the Gavel's status update with counsel. The bulk of discovery will be provided and processed within the next few weeks. However, expert reports may take up to three months. The Court urged the Government to nudge the labs along to expedite expert reports as several Defendants have been in custody for several months and they would like the case to move forward as expeditiously as possible.

The Court granted the Government's oral motion to dismiss 2:19-CR-0119-WFN-1. The Court reserved ruling on the Government's request for a bench warrant for Defendant Caballero (11) asking Mr. Mount to provide the Court with a status update after the hearing.

The Court and parties discussed scheduling. Some Dfendants expressed concerns regarding a motion deadline as early as late January, but others objected to further delay. Upon further discussion, the Court set a briefing deadline for motions, but indicated that the Court will be flexible regarding the currently set trial date. The Court and parties will revisit the trial date at the next pretrial conference. Deadlines for trial materials, including motions in limine, will be set at a later hearing. The Court has reviewed the file and Motions and is fully informed. This Order is entered to memorialize and supplement the oral rulings of the Court. Accordingly,

IT IS ORDERED that:

2:19-CR-0119-WFN-1

1. The Government's oral motion to dismiss the Indictment is GRANTED.

2. The Indictment is DISMISSED without prejudice.

2:19-CR-0111-WFN

3. A pretrial conference shall be held February 19, 2020, at 10:00 a.m., in Spokane, Washington.

(a) All additional motions shall be filed and served no later than January 24, 2020.

(b) Responses shall be filed and served no later than February 7, 2020.

The District Court Executive is directed to file this Order and provide copies to counsel.

Source:  Leagle

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