U.S. v. Schaiy, 2:17-cr-00185-RHW. (2018)
Court: District Court, C.D. California
Number: infdco20180629c37
Visitors: 12
Filed: Jun. 28, 2018
Latest Update: Jun. 28, 2018
Summary: ORDER FOR EVIDENTIARY HEARING ROBERT H. WHALEY , Senior District Judge . Before the Court is Defendant Paulina Schaiy's Motion to Suppress Evidence, ECF No. 77, and Defendant Gagndeep Saini's Motion to Suppress Evidence, ECF No. 79. The government, at this time, filed its Opposition to only Defendant Saini's motion, ECF No. 82. Having reviewed the submissions from the parties, the briefs raise issues of fact and the Court determines that an evidentiary hearing is necessary. The burden of p
Summary: ORDER FOR EVIDENTIARY HEARING ROBERT H. WHALEY , Senior District Judge . Before the Court is Defendant Paulina Schaiy's Motion to Suppress Evidence, ECF No. 77, and Defendant Gagndeep Saini's Motion to Suppress Evidence, ECF No. 79. The government, at this time, filed its Opposition to only Defendant Saini's motion, ECF No. 82. Having reviewed the submissions from the parties, the briefs raise issues of fact and the Court determines that an evidentiary hearing is necessary. The burden of pe..
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ORDER FOR EVIDENTIARY HEARING
ROBERT H. WHALEY, Senior District Judge.
Before the Court is Defendant Paulina Schaiy's Motion to Suppress Evidence, ECF No. 77, and Defendant Gagndeep Saini's Motion to Suppress Evidence, ECF No. 79. The government, at this time, filed its Opposition to only Defendant Saini's motion, ECF No. 82.
Having reviewed the submissions from the parties, the briefs raise issues of fact and the Court determines that an evidentiary hearing is necessary. The burden of persuasion is on the government because there was a warrantless search. The Court will determine the scope of the evidentiary hearing at the time of the hearing.
Accordingly, IT IS HEREBY ORDERED:
1. An evidentiary hearing in this matter will be held on July 17, 2018, at 10:30 a.m. The pretrial conference and motions hearing set at 9:30 a.m. is reset to 10:30 a.m.
2. The parties shall file with the Court witness lists for any witness testimony and exhibit lists by 3:00 p.m. on July 10, 2018.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward copies to counsel.
Source: Leagle
