United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

 v.

MARCUS ETIENNE, ELIZABETH

GOBERT, CRAIG MARSHALL, and

MARIO ROBINSON 

Defendants. /

No. CR 17-00093 WHA

TENTATIVE SCHEDULING ORDER 

(SUBJECT TO DISCUSSION AT

TOMORROW’S CONFERENCE)

The Court asks for comment on the following tentative scheduling order: 

Any grounds for recusal or motion to disqualify must be given or made by DECEMBER 7,

2017.

All motions to dismiss or to sever based on the face of the operative indictment or any

other motion based on the face of the operative indictment, or motions to transfer, must be filed

by DECEMBER 14, 2017.

All Rule 8 motions, motions for bills of particulars, or motions for discovery of jurycomposition records must be filed by JANUARY 4, 2018.

Any motion by the government to keep secret the names and identities of civilian

witnesses, who otherwise shall be disclosed as set forth hereafter, must be filed by JANUARY 4,

2018. Any such motion must be specific as to the risks and reasons by individual witness and

may be under seal and ex parte. Abbreviated memoranda and declarations must be served on
United States District Court

For the Northern District of California

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defense counsel allowing them to at least know the themes advanced under seal and ex parte. The

submissions must address whether a protective order restricting use of the information would

suffice.

A status conference and hearing on any motion filed by January 4 is hereby set for ONE

P.M. ON JANUARY 16, 2018.

By JANUARY 23, 2018, all materials required under Rule 16 to be produced by

the government must be produced to any defendant that has made a written Rule 16 request. Any

defense request under any aspect of Rule 16 must be made in writing and no later than JANUARY

4, 2018. All such Rule 16 materials acquired after January 23 by the government or any of its

agents subject to Rule 16 must be produced within FOURTEEN CALENDAR DAYS of receipt or

acquisition by government counsel or its agent (but, again, only to a defendant who has made a

timely written request). Failure to so produce will preclude use of any such evidence by the

government (other than for impeachment or rebuttal). As to any such Rule 16 material produced

after January 23, the burden shall be on the government to demonstrate compliance with the

fourteen-day exception. 

All motions to suppress must be filed by FEBRUARY 1, 2018.

All motions alleging any defect in instituting the prosecution, motions for disclosure of

informants, or motions alleging selective prosecution must be filed by FEBRUARY 1, 2018.

All motions to sever not based principally on the face of the indictment must be filed by

MARCH 1, 2018.

By MARCH 22, 2018, all government expert reports and summaries shall be produced to

defense counsel. 

By APRIL 12, 2018, the government must provide a trial exhibit list and a final list of

witnesses for its case-in-chief, including civilian witnesses except to the extent a prior court

order has allowed a postponement of such disclosure. By the same date, the government shall

have produced all Brady-Giglio material unless allowed by prior order to postpone specific items

for reasons of civilian witness security or for other good cause. 
United States District Court

For the Northern District of California

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By APRIL 12, 2018, all Rule 16 defense reciprocal disclosures, including expert reports

and summaries, must be produced to the government and all Rule 12.1 and 12.2 defense notices

must be given, if any. All rebuttal expert reports and summaries by the government shall be due

SEVEN CALENDAR DAYS before the final pretrial conference. Any mental examinations shall

occur on a schedule to be set by motion. 

By APRIL 12, 2018, all translations or transcripts of conversations or statements to be

shown to the jury must be provided to defendants and any motions directed to their accuracy

shall be heard at the final pretrial conference. 

All Daubert or other motions directed at government reports must be filed by APRIL 12,

2018. All motions will be heard fourteen days after the motion is filed.

On MAY 2, 2018, the final pretrial conference shall be held at EIGHT A.M. All motions

for the final pretrial conference shall be due FOURTEEN CALENDAR DAYS before the conference

with oppositions due seven calendar days before the conference. 

For the final pretrial conference, defendants and the government must file any motions in

limine as well as any of the following:

1. Motions to exclude co-conspirator statements. 

2. Government Daubert motions or other motions directed at defense experts. 

3. Motions to exclude/include Rule 404(b) acts; to tee this up, the government

must disclose all proposed Rule 404(b) material 35 CALENDAR DAYS before

the final pretrial conference, and any motion to exclude must be filed

fourteen calendar days before the final pretrial conference. 

4. Motions directed at the accuracy of transcripts of recordings to be shown to

the jury. 

On MAY 7, 2018, trial shall commence at 7:30 A.M. with jury selection. 

Assuming that some of the defendants are severed, a second trial date is hereby set for

7:30 A.M. ON JULY 9, 2018. All defendants, however, must be prepared to go to trial on the May

7 trial date.
United States District Court

For the Northern District of California

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Unless it covers all defendants, no Rule 11(c)(1)(C) plea agreement will be accepted

within two months of the final pretrial conference. Open pleas, however, will be allowed at any

time.

IT IS SO ORDERED.

Dated: November 13, 2017. 

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE