UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO: 22-80144-CR-SMITH

UNITED STATES OF AMERICA,

Plaintiff,

vs.

JOFF PHILOSSAINT,

MARIEL TOLLINCHI,

REGINE RENE,

BRIANNA GAYLE

Defendants.

________________________________________/

AMENDED ORDER SETTING TRIAL DATE

THE ABOVE CAUSE is hereby set for Criminal Jury Trial at 299 East Broward 

Boulevard, Courtroom 202B, Fort Lauderdale, Florida, during the two-week period commencing

November 21, 2022 or as soon thereafter as the case may be called. A Calendar Call will be held 

at 9:00 a.m. on Tuesday, November 15, 2022 at the same location. All pre-trial motions and 

motions in limine must be filed by 28 days from arraignment. Each party is limited to filing one 

motion in limine; if there is more than one Defendant, Defendants shall file a combined motion. 

Motions in limine may exceed the page limits allowed by the Rules.

It is further ORDERED as follows:

1. All requests for writs ad testificandum must be filed at least twenty-one (21) business 

days prior to the first day of the scheduled trial period.

2. All responses to the Standing Discovery Order and Local Rule 88.10 shall be provided in 

a timely fashion, in accordance with the dates scheduled by the Magistrate Judge. 

Noncompliance may result in sanctions. 

3. All motions filed 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 

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resolve by agreement the subject matter of the motion, where required by Local Rule 

88.9.

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

of the panel. Prior to Calendar Call, counsel shall also file proposed voir dire questions. 

Proposed jury instructions, in typed form, including substantive charges and defenses, shall 

be submitted to the Court prior to Calendar Call, in Word format, via e-mail to 

smith@flsd.uscourts.gov. Instructions for filing proposed documents may be viewed at 

http://www.flsd.uscourts.gov.

5. 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 are to be designated 

numerically; defense exhibits, alphabetically).

6. If any party seeks to introduce a transcript or transcripts at the trial, that party shall provide 

copies of the proposed transcript or transcripts to all other parties within the discovery 

period set forth in the Standing Discovery Order. If additional time is required to 

provide transcripts, the party must obtain an extension of time from the Court. If the parties 

cannot agree on a transcript, each party shall be prepared to produce its own version for 

the trier of fact.

7. All anticipated Jencks Act1 material shall be turned over to defense counsel not 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.

8. Upon receipt of this Order, defense counsel shall certify with the Court’s courtroom deputy, 

patricia_mitchell@flsd.uscourts.gov the necessity of an interpreter for the defendant. The 

parties are further instructed to notify the Court, at least (2) business days prior to any 

hearings or trial, if an interpreter is required.

9. Arrangements for appropriate clothing for defendants in custody must be made with the 

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Bureau of Prisons at least seven (7) days prior to the scheduled trial date.

10. Should any plea offer be made by the Government but not accepted by Defendant(s), the 

Government shall attach to any such offer a cover sheet with space for Defendant(s) and 

Defendant(s) attorney to certify that Defendant(s) has reviewed the plea offer. The cover 

sheet shall also include space for Defendant(s) and Defendant(s) attorney to certify the 

dates of signature. This document shall be signed by Defendant(s) and Defendant(s) 

attorneys before trial. This document shall not be filed with the Court or otherwise 

provided to the Court but shall be maintained within the Government’s case file. The 

parties shall not advise the Court whether any plea offer has been made or, if so, of 

the contents of any plea offer that might have been made. See United States v. Tobin, 

676 F.3d 1264 (11th Cir. 2012). Before trial begins or a change of plea is taken, the Court 

will specifically inquire as to whether the parties have complied with this paragraph of this 

Order. The parties shall respond with either a yes or a no, without further elaboration. 

If no plea offer has been made or if a plea offer has been made and the requirements of this 

paragraph have been satisfied, the answer shall be a yes.

11. If this matter will be resolved by way of change of plea, the parties shall email the 

courtroom deputy immediately upon reaching such determination to set the matter for a 

change of plea.

12. The parties shall comply with Local Rule 88.5, requiring the filing of speedy trial 

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

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

such proposed orders must be filed as attachments to the motions. 

FURTHERMORE, PURSUANT TO THE CM/ECF ADMINISTRATIVE 

PROCEDURES, PROPOSED ORDERS SHALL BE SUBMITTED TO THE 

COURT BY E-MAIL IN WORD FORMAT AT smith@flsd.uscourts.gov.

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DONE AND ORDERED in Fort Lauderdale, Florida this 19th day of October, 2022.

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