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United States v. Thomas

May 14, 2010

UNITED STATES OF AMERICA,
v.
ANTHONY THOMAS, DEFENDANT.



The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

AMENDED SCHEDULING ORDER

The above named defendant has been arraigned on an indictment on February 18, 2010, in open Court pursuant to Fed.R.Crim.P. 10 and Local Rule 12.1, and entered a plea of not guilty pursuant to Fed.R.Crim.P. 11(a)(1). The parties acknowledge that all voluntary discovery has been completed. Based upon a letter application received May 14, 2010, from M. Kirk Okay, Esq., counsel for the defendant, and with no objection from the government, the schedule is amended as follows:

I. Scheduling Order

(1) All pretrial motions, both dispositive and non-dispositive, shall be filed by June 17, 2010. Defense motions should be filed in accordance with Part III of this Order.

(2) All responses to pretrial motions filed in accordance with the preceding paragraph shall be filed by July 1, 2010.

(3) Oral argument on any pretrial motions shall be heard on July 7, 2010 at 10:00 a.m. If no motions are filed by the date specified in I(1), counsel and defendant are, nonetheless, to be present for the purpose of setting a firm trial date.

(4) Alternatively, the Court will set July 7, 2010 at 10:00 a.m. as the date and time for a plea, or if no plea is entered the Court will set a trial date at that time. If such plea is to be entered pursuant to a written plea agreement, such written agreement must be provided to the Court by June 30, 2010 at 5:00 p.m., or the Court will not consider the agreement absent good cause shown upon formal written motion.

(5) The Court will not accept a plea pursuant to Fed. R. Crim. Proc. 11 (c)(1)(C) or a plea other than to all charges contained in the indictment after July 7, 2010 absent good cause shown upon formal written motion.

II. Voluntary Discovery

All counsel have agreed that prior to the filing of motions, the parties wish to engage in voluntary discovery and possibly pursue plea negotiations. In accordance with their request, the Court directs that:

(1) Unless excused by this Court pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure, voluntary discovery shall include all items the government is required to provide pursuant to Rule 16(a) of the Federal Rules of Criminal Procedure and all items the defense is required to produce pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure.

(2) The government is specifically reminded of its obligation to disclose Brady (Brady v. Maryland, 373 U.S. 83 (1963)) and Giglio (Giglio v. United States, 405 U.S. 150 (1972)) material "in time for its effective use at trial or at a plea proceeding." In re United States (U.S. v. Coppa), 267 F. 3d 132, 146 (2d Cir. 2001) (citations omitted). See United States v. Avellino, 136 F.3d 249, 255 (2d Cir. 1998) ("The government's obligation to make such [Brady] disclosures is pertinent not only to an accused's preparation for trial but also to his determination of whether or not to plead guilty. The defendant is entitled to make that decision with full awareness of favorable material evidence known to the government.").

(3) Unless encompassed by the preceding paragraph, the expert witness disclosure requirements contained in Rule 16(a)(1)(G) and (b)(1)(C) of the Federal Rules of Criminal Procedure need not be produced as part of voluntary discovery. However, expert witness disclosure must be made no later than 45 days prior to trial. Counsel are reminded that such disclosures must include a written summary that describes the expert witness' "opinions, the bases and reasons for those opinions, and the witnesses qualifications." See Fed. R. Crim. Proc. 16(a)(1)(G) and (b)(1)(C).

(4) By the close of voluntary discovery, the government shall file with the Court and serve upon all counsel a notice pursuant to Rule 12(b)(4) of the Federal Rules of Criminal Procedure. The notice shall specifically and separately list all items of evidence (including physical evidence, statements made to law ...


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