UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-mc-22829-UNA

IN THE MATTER OF 

THE EXTRADITION OF 

CESAR HORACIO DUARTE JAQUEZ

 /

ORDER DENYING MOTION TO CONSOLIDATE BRIEFING

This cause is before the Court on the government’s Motion to Set Consolidated Briefing 

Schedule (ECF No. 31). The government seeks to consolidate the briefing in support of extradition 

(ECF No. 23) with Respondent’s Motion to Dismiss (ECF No. 29). Movant proposes that the 

government file a single response, in opposition to the motion to dismiss, and in reply to 

Respondent’s opposition to the memorandum in support of extradition; that single response to be 

filed after Respondent files his opposition to the extradition memorandum on October 30, 2020. 

Respondent opposes the motion for consolidation, and notes that when he sought the 

government’s position on an extension of time to file his opposition to the extradition 

memorandum (ECF No. 27), the government did not oppose his request to have briefing on the 

anticipated motion to dismiss completed before he filed his opposition. Granting the present 

Motion, which would postpone any response by the government to his motion to dismiss until after 

he has filed his opposition to the extradition brief, as a practical matter defeats that prior agreement. 

I agree and recognize that while a single response offers efficiency to the government, it is 

not clear that it offers greater efficiency for either the Court or Respondent. As the government 

notes in its Motion, the statute of limitations is not raised as a bar to all charges pending against 

Respondent, and Respondent’s opposition to the extradition memorandum would not be avoided 

entirely even if he were to prevail on the Motion to Dismiss. Nonetheless, the resolution of that 

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motion will narrow the focus the final hearing either way by addressing the statute of limitations 

defense as to those charges in advance. 

The Motion to Consolidate Briefing is denied; however, the time to respond to the Motion 

to Dismiss shall be extended until October 20, 2020. Respondent’s reply thereto is accordingly 

due on October 27, 2020.

Having denied the motion and reset deadlines for briefing on the motion to dismiss, I must 

still address another matter raised by the government in its Motion, which proposes a briefing 

schedule premised on dates that do not correspond to those actually entered in this case. The 

government notes, for example, that the final hearing in this matter is set in December: it is in fact 

set for November 10, 2020 (ECF No. 25). Perhaps the parties have assumed that the granting of 

Respondent’s extension of time resulted in an extension of all deadlines. It did not.1If the Parties 

seek to continue the hearing, currently set for November 10th, they must file a motion to continue, 

and should propose at least two mutually convenient dates for the hearing. 

DONE and ORDERED in Chambers in Miami, Florida, on this 12th day of October, 

2020.

____________________________________

LAUREN F. LOUIS

UNITED STATES MAGISTRATE JUDGE

1 The deadline for Respondent’s response to the government’s extradition memorandum has been extended to October 

30, 2020 (ECF No. 28). Because no other deadline was set for the government’s reply, it is due within seven days of 

filing of the response, or November 6, 2020. See S.D. Fla. L.R. 7.1(c)(1).

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