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United States v. Jones

United States District Court, D. Nebraska

August 26, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
GREG JONES and ROBERT BLEVINS, Defendants.

          Laurie Smith Camp Chief Judge.

          ORDER FOR THE PROGRESSION OF A CRIMINAL CASE

          THOMAS D. THALKEN United States Magistrate Judge.

         Upon arraignment of Defendants this date and the entry of plea of not guilty, IT IS ORDERED:

         1. Trial of this case will be scheduled upon the expiration of the pretrial motion deadline, or as soon thereafter as the case may be called;

         2. Discovery Deadline. By September 2, 2016, if a request be made, counsel shall confer and accomplish the automatic discovery provided for in Rule 16, Fed. R. Cr. P., and shall adhere to the continuing duty to disclose such matters pursuant to Rule 16(c), Fed. R. Cr. P.;

         3. Pretrial Motion Deadline. If after compliance with Rule 16 there is necessity for the filing of pretrial motions, they shall be filed by September 15, 2016, and that time limit will not be extended by the court except for good cause shown. In this connection, the United States Attorney shall disclose Brady v. Maryland (and its progeny) material as soon as practicable. Should the Defendant nonetheless file a motion for such disclosure, such motion shall state with specificity the material sought. In the event that any motions are filed seeking bills of particulars or discovery of facts, documents, or evidence, as part of the motion the moving party shall recite that counsel for the movant has conferred with opposing counsel regarding the subject of the motion in an attempt to reach agreement on the contested matters without the involvement of the court and that such attempts have been unsuccessful. The motion shall further state the dates and times of such conferences;

         4. Motions. If any pretrial motion is filed by either side, a copy thereof and the supporting brief required by the provisions of NECrimR 12.3(b)(1) shall be simultaneously filed. Opposing briefs shall be filed within seven (7) days thereafter. The filing of briefs may be delayed until after an evidentiary hearing on the motion but only upon a written request made within the original time to file a brief and upon order of the court. Motions in limine addressed to matters at trial shall be filed no earlier than fourteen (14) days before a scheduled trial date, and no later than two (2) business days before trial. Any motions filed outside this time period may be summarily denied.

         5. If plea negotiations are to be instituted, they shall be concluded and advice thereof given to the trial judge not less than one week prior to trial date;

         6. Ex Parte Matters. Any original application, motion or voucher which is intended to be presented ex parte shall be delivered to the appropriate judicial officer (normally the Magistrate Judge), not to the Clerk of the Court, clearly captioned so as to disclose that the request is made ex parte, together with a supporting brief stating the basis for ex parte consideration;

         7. Absent good cause shown, any application or motion for an order to produce the appearance of an incarcerated witness shall be made sufficiently in advance of the time needed for such testimony so as to allow the United States Marshal at least fourteen (14) days to arrange for such appearance. Any ex parte application for the subpoena of a witness pursuant to Fed. R. Cr. P. 17(b) shall contain the satisfactory showing required by said rule and shall be submitted sufficiently in advance of the time needed for such testimony so as to allow the United States Marshal adequate time in which to serve any subpoena.

         8. Applications or vouchers pursuant to the Criminal Justice Act for authorization to hire third parties, to exceed the amounts set forth in the Criminal Justice Act, or for the expenditure of Criminal Justice Act funds shall be submitted on an appropriate CJA form available from the Clerk's Office and supported by information necessary for the court to make a decision pursuant to the Criminal Justice Act, particularly;

a. The name, address and telephone number of the person sought to be hired (if applicable);
b. A specific statement of the amount sought and the method for computing said amount;
c. A specific statement setting forth the factual and legal bases which ...

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