Filed: May 01, 2018
Latest Update: May 01, 2018
Summary: STIPULATION/AGREED MOTION TO CONTINUE MOTION DEADLINES AND RULE 16 DEADLINE SET BY THE COURT RICHARD F. BOULWARE, II , District Judge . IT IS HEREBY STIPULATED and AGREED by and between the United States of America, by and through DANIEL SCHIESS, Assistant United States Attorney, and defendant SERGIO BARAJAS, by and through his counsel, Russell Marsh, Esq., defendant ALAN CASSELL, by and through his counsel, David Brown, Esq., defendant ELENA MILLNER, by and through her counsel Peter Christ
Summary: STIPULATION/AGREED MOTION TO CONTINUE MOTION DEADLINES AND RULE 16 DEADLINE SET BY THE COURT RICHARD F. BOULWARE, II , District Judge . IT IS HEREBY STIPULATED and AGREED by and between the United States of America, by and through DANIEL SCHIESS, Assistant United States Attorney, and defendant SERGIO BARAJAS, by and through his counsel, Russell Marsh, Esq., defendant ALAN CASSELL, by and through his counsel, David Brown, Esq., defendant ELENA MILLNER, by and through her counsel Peter Christi..
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STIPULATION/AGREED MOTION TO CONTINUE MOTION DEADLINES AND RULE 16 DEADLINE SET BY THE COURT
RICHARD F. BOULWARE, II, District Judge.
IT IS HEREBY STIPULATED and AGREED by and between the United States of America, by and through DANIEL SCHIESS, Assistant United States Attorney, and defendant SERGIO BARAJAS, by and through his counsel, Russell Marsh, Esq., defendant ALAN CASSELL, by and through his counsel, David Brown, Esq., defendant ELENA MILLNER, by and through her counsel Peter Christiansen, Esq., defendant BENJAMIN STUELKE, by and through his counsel Michael Nasatir, Esq., defendant MICHELLE ACOSTA, by and through her counsel, Richard Anderson, Esq., defendant ART ACOSTA, by and through his counsel Nolan King, Esq., and defendant ERNESTO GARCIA, by and through his counsel, Dean Steward, Esq., to respectfully request that the Court order that the parties shall have to and including July 1, 2018 to comply with Federal Rule of Criminal Procedure 16 disclosure.
IT IS FURTHER STIPULATED AND AGREED by and between the parties, to respectfully request that the Court order that they shall have to and including August 1, 2018, to file any and all pretrial motions and notices of defense.
IT IS FURTHER STIPULATED AND AGREED by and between the parties, to respectfully request that the Court order that they shall have to and including August 15, 2018, to file any and all responsive pleadings.
IT IS FURTHER STIPULATED AND AGREED by and between the parties, to respectfully request that the Court order that they shall have to and including is August 22, 2018 to file any and all replies to dispositive motions.
This stipulation is entered into for the following reasons
1. The United States' position is that it has complied with Rule 16 in that it has made available to the defendants for inspection, copying, or photographing the items detailed for disclosure under the rule. Counsel for the defendants requested that the United States provide them with a copy of discovery, and the United States has agreed to do so as a courtesy.
2. The discovery in this case is voluminous, such that the discovery must be moved to an offsite server location. This move will allow it to be viewable by defense counsel online.
3. Additionally, there are outstanding trial subpoenas that have been issued by the United States that have not yet been complied with, and the United States is still awaiting a response on those subpoenas. The United States will promptly provide defense counsel with said items upon receipt.
4. Counsel for defendants need additional time in order to review the voluminous discovery provided, and to comply with their disclosure requirements under Rule 16 as the United States had made a demand for reciprocal discovery. See ECF No. 50.
5. A denial of this request for the additional time to comply could result in a miscarriage of justice.
ORDER
IT IS THEREFORE ORDERED that the parties' disclosure under Federal Rule of Criminal Procedure 16 shall be made by July 1, 2018.
IT IS THEREFORE ORDERED that the parties herein shall have to and including August 1, 2018, to file any and all pretrial motions and notice of defense.
IT IS FURTHER ORDERED that the parties shall have to and including August 15, 2018, to file any all responses.
IT IS FURTHER ORDERED that the parties shall have to and including August 22, 2018, to file any and all replies.
