Case No.: 18-cr-00258-EJD-1

REVISED ORDER SETTING CASE SCHEDULE

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

ELIZABETH A. HOLMES,

Defendant.

Case No. 18-cr-00258-EJD-1 

REVISED ORDER SETTING CASE 

SCHEDULE

This case was set for jury trial to commence on March 9, 2021. This setting followed 

continuances of the trial for a variety of reasons including the court’s concerns for the health of all 

potential trial participants and the public. The court has been vigilant in keeping informed as to 

the impact of the COVID-19 Pandemic in the nation and state and in day to day life in the San 

Francisco bay area. The court notes sadly, the impact on our lives is grim. California is in the 

midst of an unprecedented surge in cases and hospitalizations. As of December 18, 2020, 

California has 1,764,374 confirmed cases of COVID-19, resulting in 22,160 deaths. See

https://covid19.ca.gov/state-dashboard. Today alone, 300 lives were lost to COVID-19. Id. We 

are operating under a Regional Stay Home Order to save lives, protect the health care delivery 

system and keep those at highest risk and essential workers safe. Locally, Santa Clara County is 

reporting that the 7-day rolling average of new cases is 1,170 and that hospitals are nearing 

maximum capacity. These conditions will impact the jury panel and the public’s confidence in an 

in-person trial estimated to last several months. The court is hopeful conditions will improve 

significantly in the near future. The FDA has approved a second Covid vaccine. See 

Case 2:18-cr-00422-DJH Document 1113-3 Filed 01/19/21 Page 1 of 3 Case 5:18-cr-00258-EJD Document 650 Filed 12/18/20 Page 1 of 3
Case No.: 18-cr-00258-EJD-1

REVISED ORDER SETTING CASE SCHEDULE

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United States District Court

Northern District of California

https://www.cnbc.com/2020/12/18/moderna-covid-vaccine-approved-fda-for-emergency-use.html. 

The nation’s top infectious disease expert, Dr. Anthony Fauci, estimates that the general public 

should be able to be vaccinated within two to four months. See https://www.today.com/health/drfauci-hoping-get-covid-19-vaccine-within-next-few-t204241. All of this supports continuing the 

trial to a time when our community is safer. The court recognizes that a continuance of the trial 

will cause great inconvenience to victims who would like their day in court, as well as Defendant, 

who wishes a speedy opportunity to defend against the charges. All of these rights are important, 

but paramount to the court is the safety and health of the community.

Accordingly, the court sets the following case schedule in light of the ongoing COVID-19 

Pandemic and the need for effective preparation for trial due to the complexities of the case:

DATE EVENT

Friday, January 8, 2021 by 5pm Responses to motions in limine

Monday, February 15, 2021 by 

5pm

Replies for motions in limine

10:00 a.m., March 23, 24, 2021 Hearing for motions in limine and motions 

re: experts.

Thursday, May 27, 2021 Proposed jury instructions, juror 

questionnaire, and voir dire questions due

Thursday, June 3, 2021 Pretrial Conference statement due per 

Criminal Local Rule 17.1-1(b). 

The Government shall advise the court that 

it has produced all Brady and Giglio 

information in its possession and will 

continue to produce any the Government 

subsequently discovers

10:00 a.m., Tuesday, June 15, 

2021

Pretrial Conference

9:00 a.m., Tuesday, July 13, 2021 Trial (first day of jury selection)

It is further ordered that time is excluded pursuant to 18 U.S.C. § 3161(h)(7)(A), 18 U.S.C. 

§3161(h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). The court finds that the ends of justice

served by the continuance outweigh the best interest of the public and the Defendant in a speedy 

trial, and excludes time through and including July 13, 2021. 

Case 2:18-cr-00422-DJH Document 1113-3 Filed 01/19/21 Page 2 of 3 Case 5:18-cr-00258-EJD Document 650 Filed 12/18/20 Page 2 of 3
Case No.: 18-cr-00258-EJD-1

REVISED ORDER SETTING CASE SCHEDULE

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United States District Court

Northern District of California

For the above stated reasons, time is excluded.

IT IS SO ORDERED.

Dated: December 18, 2020

______________________________________

EDWARD J. DAVILA

United States District Judge

Case 2:18-cr-00422-DJH Document 1113-3 Filed 01/19/21 Page 3 of 3 Case 5:18-cr-00258-EJD Document 650 Filed 12/18/20 Page 3 of 3