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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

 Plaintiff, 

 vs. 

Marco Antonio De La Garza, Jr., 

 Defendant. 

 CR 18-353-TUC-RCC (BGM) 

 SCHEDULING ORDER 

 AND 

 ORDER CONTINUING TRIAL DATE 

 AND PLEA DEADLINE 

 

 This case is presently set for trial on September 5, 2018. The Defendant filed a 

motion to continue and, for the reasons set forth therein, additional time is required to 

adequately prepare for trial. The Government has no objection to a continuance. 

 The Court finds the ends of justice served by granting a continuance outweigh the 

best interests of the public and the Defendant in a speedy trial because, for the reasons set 

forth in the motion, failure to grant the continuance is likely to result in a miscarriage of 

justice if the Defendant is required to go to trial on the present trial date. 

 This is the third motion to continue trial filed in this case; accordingly, the Court 

issues this Scheduling Order to ensure the prompt disposition of this matter. 

IT IS ORDERED the following deadlines shall govern this action: 

 1. The plea deadline is October 19, 2018 by 3:00 p.m. The Court has the 

discretion to reject any plea entered into post-deadline, except a plea to the Indictment. 

 2. The trial date is November 6, 2018 at 9:30 a.m. 

3. Should the Defendant elect to proceed to trial: 

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 (a) All pretrial motions, except motions in limine, are referred to the 

magistrate judge with a Report and Recommendation (R&R) to be provided to the district 

judge. 

 (b) Deadlines for filing proposed voir dire, jury instructions, list of 

witnesses, list of exhibits, and motions in limine will be set by future order of this Court. 

 4. The discovery/disclosure/notice/request deadline is August 28, 2018 for the 

following: 

 (a) All requests for disclosure. Disclosure pursuant to such a 

request shall be made within seven (7) days of the request. 

 (b) The filing by the Government of a notice of its intent to use specified 

evidence or statements at trial (e.g., Notice of Intent to Use Fed.R.Evid. 404(b) Evidence, 

Notice of Intent to Use Statement, Notice of Intent to Use Expert Testimony). If such a 

notice is filed, the Government shall also disclose such evidence or statements within 

fourteen (14) days of the filing of the notice. 

 (c) The filing of any required notices of defenses. If such a notice is filed, 

the Government shall provide the responsive disclosure within fourteen (14) days of the 

filing of the notice. 

 (d) A request for a written summary of any expert testimony the 

Government or the Defendant intends to use at trial, which summary shall be disclosed 

produced within seven (7) days of the request. 

 5. The pretrial motions deadline is September 11, 2018. Pretrial motions filed, 

thereafter, without leave of the Court upon a showing of good cause, shall be subject to 

being stricken and precluded. 

 6. Any motion to continue the trial date and/or plea deadline that is granted by the 

Court DOES NOT EXTEND the deadline set herein for filing pretrial motions. This 

matter is referred to the magistrate judge to set and hold a Status Conference. 

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 7. Any motion or stipulation to continue the scheduled trial date and change 

of plea deadline shall be filed with the Clerk of the Court no later than 5:00 p.m. on 

Monday, October 22, 2018. Alternatively, by that same deadline, if after 

consultation between government and defense counsel it is determined that a motion 

to continue the scheduled trial date and change of plea deadline will not be filed, 

government counsel shall notify the Court by an email, to the chambers email 

address, that the case and counsel are ready to proceed to trial on the scheduled 

trial date. The notification shall also include the estimated number of trial days 

needed to complete the trial. 

 8. Excludable delay under 18 U.S.C. §3161(h)(7) is found to commence on 

September 6, 2018 and end on November 6, 2018. Such time shall be in addition to other 

excludable time under the Speedy Trial Act and shall commence as of the day following 

the day that would otherwise be the last day for commencement of trial. 

 9. Any and all subpoenas previously issued shall remain in full force and effect 

through the new trial date. 

 Dated this 14th day of August, 2018. 

 

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