UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CR-80052-RAR

UNITED STATES OF AMERICA,

vs.

LAUREN ROSECAN,

Defendant.

___________________________________/

ORDER GRANTING DEFENDANT’S UNOPPOSED 

MOTION TO CONTINUE TRIAL AND PRETRIAL INSTRUCTIONS

THIS CAUSE comes before the Court upon Defendant’s Unopposed Motion to Continue 

Trial, filed on October 7, 2021 (“Motion”) [ECF No. 74]. The Court having reviewed the Motion, 

as well as the docket, and being otherwise fully advised in the premises, it is hereby

ORDERED AND ADJUDGED that the Motion is GRANTED. The Court finds, 

pursuant to 18 U.S.C. section 3161(h)(7), that the ends of justice served by this continuance 

outweigh the best interests of the public and the Defendant in a speedy trial. Specifically, the 

Court finds that the Defendant has met two of the factors set out in section 3161(h)(7)(B)—namely, 

that under section 3161(h)(7)(B)(i), failure to grant the continuance would result in a miscarriage 

of justice in that counsel for the Defendant would not have time to prepare his defense; and that 

under section 3161(h)(7)(B)(iv), failure to grant the continuance would “deny counsel for the 

defendant...the reasonable time necessary for effective preparation, taking into account the 

exercise of due diligence.” 

Accordingly, the period of delay resulting from this continuance—from the date the Motion 

was presented, October 7, 2021, through the start of trial—shall be considered excludable time 

under the Speedy Trial Act. See 18 U.S.C. § 3161. The case is hereby reset for Jury Trial 

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during the two-week trial period beginning on Monday, February 14, 2022. Calendar Call will 

be held on Tuesday, February 08, 2022 at 11:00 A.M.

It is further ORDERED AND ADJUDGED as follows:

1. All pre-trial motions and motions in limine must be filed by Tuesday, January 25, 

2022. Each party is limited to filing one motion in limine. If there is more than one Defendant, 

the Defendants shall file a combined motion. Motions in limine may not, without leave of Court, 

exceed the page limits allowed by the Local Rules. 

2. Counsel shall be prepared to conduct limited voir dire following the Court’s 

questioning of the panel. Prior to Calendar Call, each party may file no more than five proposed 

voir dire questions for the Court to ask of the venire. The Court will not permit the backstriking of 

jurors.

3. The parties shall submit, in Word format, via e-mail to ruiz@flsd.uscourts.gov, 

proposed jury instructions, including substantive charges and defenses, and a verdict form prior to 

Calendar Call. For instructions on filing proposed documents, please see 

http://www.flsd.uscourts.gov. Although they need not agree on each proposed instruction, the 

parties shall submit their proposed jury instructions and verdict form jointly. Where the parties 

do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions 

proposed only by the Government shall be underlined. Instructions proposed solely by the 

defense shall be italicized. Every instruction must be supported by citation to authority. 

4. Prior to Calendar Call, all counsel shall file lists of proposed witnesses and/or 

exhibits to be presented at trial. All exhibits to be offered into evidence must be pre-labeled in 

accordance with the proposed exhibit list. Government exhibits shall be designated numerically; 

defense exhibits will proceed alphabetically.

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5. The deadline for the scheduling of guilty pleas is Tuesday, February 08, 2022. 

See, e.g., United States v. Gamboa, 166 F.3d 1327, 1331 (11th Cir. 1999) (citing United States v. 

Ellis, 547 F.2d 863, 868 (5th Cir. 1977)).

6. All requests for writs ad testificandum must be filed no later than 14 business days 

prior to the first day of the scheduled trial period. 

7. All responses pursuant to the Standing Discovery Order and/or Local Rule 88.10 

shall be provided in a timely fashion in accordance with the dates scheduled by the Magistrate 

Judge. Noncompliance with the Standing Discovery Order, the Local Rules, or the Federal Rules 

of Criminal Procedure may result in sanctions. Any notice submitted pursuant to Federal Rule of 

Evidence 404(b) shall include a specific factual basis for the evidence sought to be introduced.

8. To the extent required by Local Rule 88.9, all motions shall be accompanied 

by a written statement certifying that counsel for the moving party has conferred with 

opposing counsel in a good faith effort to resolve by agreement the subject matter of the 

motion. Email communications shall not be sufficient to constitute conferral. Counsel 

must actually speak to one another, either in person or over the phone, in a good faith effort 

to resolve their disputes prior to filing any motion. 

9. If any party seeks to introduce transcript(s) at the trial, that party shall exchange 

those transcripts with all counsel prior to Calendar Call. If a transcript cannot be agreed upon, 

each party shall be prepared to produce its own version for the trier of fact.

10. All anticipated Jencks Act1 material shall be turned over to defense counsel no later 

than the morning of the first day of trial. The material shall include a face sheet for defense 

counsel to sign and date, acknowledging receipt. 

1 18 U.S.C. § 3500.

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11. Upon receipt of this Order, counsel for Defendant shall certify with the Court’s 

courtroom deputy whether Defendant requires the aid of an interpreter. All parties are under an 

additional instruction to notify the Court, at least 24 hours prior to any hearings or trial, if an 

interpreter is required.

12. Arrangements for appropriate clothing for Defendants in custody must be made 

with the Bureau of Prisons at least seven days prior to the scheduled trial date.

13. The parties shall comply with Local Rule 88.5, which requires the filing of 

speedy trial reports every 20 days hereafter until the time of trial or plea. 

14. Local Rule 7.1(a)(2) requires that certain motions be accompanied by proposed 

orders, which must be filed as attachments to those motions. FURTHERMORE, PURSUANT 

TO CM/ECF ADMINISTRATIVE PROCEDURES, PROPOSED ORDERS SHALL BE 

SUBMITTED TO THE COURT BY E-MAIL IN WORD FORMAT TO

ruiz@flsd.uscourts.gov.

DONE AND ORDERED in Fort Lauderdale, Florida, this 8th day of October, 2021.

 _________________________________

 RODOLFO A. RUIZ II

 UNITED STATES DISTRICT JUDGE

cc: counsel of record

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