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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

DAVID MALDONADO,

Defendant.

_________________________________/

Case No. CR09-0619 EMC

PRETRIAL ORDER FOR CRIMINAL

JURY TRIAL AND BRIEFING

SCHEDULE 

Defendant having consented to trial before Magistrate Judge Edward M. Chen, and good

cause appearing, it is hereby ordered that:

1. TRIAL DATE

a. Jury trial will begin on 10/4/10 at 8:30 a.m. to 4:30 p.m. in Courtroom D,

15th Floor, 450 Golden Gate Avenue, San Francisco, California.

b. The length of trial will not be more than three (3) full days.

2. DISCOVERY

Both sides will comply with the Federal Rules of Criminal Procedure and Criminal

Local Rule 16-1. The United States will comply with Brady v. Maryland, 373 U.S. 83 (1963),

Giglio v. United States, 405 U.S. 150 (1972) and United States v. Agurs, 427 U.S. 97 (1976).

3. MOTIONS

a. Defendant's motion to suppress shall be noticed for hearing on 9/23/10 and

9/24/10 at 2:30 p.m. in Courtroom C, and shall be filed and served by 9/2/10. Opposition shall be

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filed by 9/9/10. Reply shall be filed by 9/16/10. The Court shall determine whether an evidentiary

hearing is warranted based on the briefs. 

b. Pretrial motions (including motions in limine) shall be noticed and set for

hearing on 9/23/10 at 2:30 p.m. in Courtroom C. The briefing schedule for all motions other than

the motion to suppress shall comply with Criminal Local Rule 47-2.

4. PRETRIAL CONFERENCE

a. A pretrial conference will be held on 9/23/10 at 2:30 p.m. in Courtroom C.

The attorneys who will try the case shall attend the conference and be prepared to discuss the

matters set forth in Criminal Local Rule 17.1-1.

b. Not less than two (2) weeks before the Pretrial Conference, the parties shall

complete the following:

(1) Serve and file a pretrial statement pursuant to Crim. L.R. 17.1-1(b).

(2) Serve and file a trial brief setting forth the following:

(a) A description of each offense charged in the case.

(b) A description of all of the relevant facts upon which the parties

agree.

(c) A description of all of the relevant facts upon which the parties

disagree.

(d) A description of the law applicable to each alleged offense,

including, but not limited to, a listing of the elements of each

alleged offense and affirmative defense and any instructions

that the Court should consider in reaching a decision in the

case.

(e) Points of law on any other issues relevant to the trial, including

all foreseeable procedural and evidentiary issues.

(3) Serve and file a numerical list of each party's exhibits, including a

brief statement describing the substance and purpose of each exhibit

and the name of the sponsoring witness.

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(4) Serve and file a list of the witnesses that each party intends to call at

the trial, not including rebuttal witnesses, setting forth for each witness

the substance of their testimony.

(5) Exchange exhibits, which shall be pre-marked (plaintiff shall use

numbers; defendant shall use non-duplicative consecutive numbers as

agreed in advance) and tabbed.

(6) Deliver two (2) binders of all pre-marked exhibits to chambers

(exhibits are not to be filed). One binder shall contain a label in the

back of each exhibit with information of the case number, exhibit

number, and a signature line for the clerk's signature. 

(7) Serve and file proposed jury instructions on all substantive issues and

on any procedural issue not adequately covered by the Court's

standard instructions (i.e. the Ninth Circuit Manual of Model Criminal

Jury Instructions (2003 ed. as amended through 2006) (also available

on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given

absent objection: 1.1-1.12, 2.1-2.2, 3.1-3.2, 3.5-3.9, 7.1-7.6.

(a) Any instruction contained in the Ninth Circuit Model

Instructions Manual may be requested by designation of its

number.

(b) Each other instruction shall be requested by setting forth the

instruction in full text on a separate sheet with reference to

supporting legal authority.

(c) Prior to filing the proposed instructions, the parties shall meet

and confer and work in good faith towards a stipulated set of

instructions. If a full agreement is not reached, the parties shall

enumerate the instructions on which an agreement is reached

and then list separately the additional instructions proposed by

each party.

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(8) Serve and lodge a proposed form of verdict and proposed questions for

jury voir dire.

c. Not less than one (1) week prior to the Pretrial Conference, the parties shall:

(1) Serve and file any objections to the opposing party's witnesses or to

the exhibits on the opposing party's exhibit list, setting forth a detailed

basis for each objection.

d. No party shall be permitted to call any witness or offer any exhibit in their

case in chief that is not disclosed pursuant to this Pretrial Order, without leave of Court for good

cause shown, consistent with defendant's right to an effective defense.

e. All motions in limine shall be noticed in accordance with Criminal Local Rule

47-2 and heard at the Pretrial Conference.

5. CHALLENGES

The procedure for exercising peremptory challenges in Criminal Local Rules 24-2

and 24-3 will be observed absent objection by the parties.

6. COPIES

Each document filed or lodged with the Court must be accompanied by a copy for use

in the Judge's chambers.

7. CHANGE OF PLEA

Counsel shall give prompt notice to the United States Attorney and to the Court of

any intention to change a previously entered not guilty plea. A written plea agreement must be

submitted at least one (1) day in advance of the plea.

8. Jury instructions, proposed form of verdict, and requested voir dire shall also be

submitted to Chambers in Word or WordPerfect format on a floppy disk.

Dated: July 9, 2010 _______________________________

EDWARD M. CHEN

United States Magistrate Judge

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