IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

Criminal Case No. 11-cr-00376-WJM

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. EXECUTIVE RECYCLING, INC.,

2. BRANDON RICHTER, and

3. TOR OLSON,

Defendants.

ORDER SETTING TRIAL DATE AND RELATED DEADLINES

This matter comes before the Court for the setting of a trial date and related

deadlines after the issuance of the Mandate by the Tenth Circuit Court of Appeals. 

(ECF Nos. 546 & 554.) The Court has considered the parties’ positions as expressed in

their respective Status Reports. (ECF Nos. 556, 557, 558, 560.) Accordingly, it is

hereby ORDERED as follows:

A. All pretrial motions shall be filed by no later than October 15, 2015. 

Responses to these motions shall be filed by no later than October 26, 2015. No reply

shall be permitted without prior leave of Court. If a party believes an evidentiary

hearing on a pretrial motion is necessary, a written request for same must be made by

no later than the pretrial motion deadline;

B. The Court will not consider any motion related to the disclosure or

production of discovery that is addressed by the Discovery Memorandum and Order

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and/or Fed. R. Crim. P. 16, unless prior to filing the motion counsel for the moving party

has conferred or made reasonable, good-faith efforts to confer with opposing counsel in

an effort to resolve the disputed matter. If the parties are unable to resolve the dispute,

the moving party shall state in the motion the specific efforts which were taken to

comply with this Order to Confer. Counsel for the moving party shall submit a proposed

order with all motions, opposed and unopposed. Opposed disclosure or discovery

motions which do not demonstrate meaningful compliance with this Order to Confer will

be stricken;

C. Expert witness disclosures pursuant to Fed. R. Crim. P. 16 shall

be made no later than 14 days prior to the Final Trial Preparation Conference, and any

challenges to such experts shall be made by not later than 7 days prior to said

Conference;

D. Disclosures regarding rebuttal expert witnesses shall be made not later

than 7 days prior to the Final Trial Preparation Conference, and any challenges to such

rebuttal experts shall be made not later than the day prior to said Conference;

E. Local Rule D.C.COLO.LCrR 11.1 applies fully to this case. Absent an

Order permitting or directing otherwise, a Notice of Disposition shall be filed no later

than 14 days before the trial date. Upon the filing of a Notice of Disposition the Court

will generally convert the Final Trial Preparation Conference to a Change of Plea

hearing , unless for good cause shown a party demonstrates the interests of justice are

better served by scheduling the Change of Plea hearing at a later date;

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F. A Final Trial Preparation Conference is hereby set for November 2, 2015

at 4:00 p.m. in Courtroom A801. Lead counsel who will try the case must attend in

person. Any outstanding motions may be addressed at the time of the Final Trial

Preparation Conference; 

G. The parties must be prepared to address at the Final Trial Preparation

Conference some or all of the issues which may affect the duration or course of the trial

referenced in the Court’s Revised Practice Standards applicable to such Conferences;

H. A 15-day jury trial is hereby set to commence in the U.S. District

Courthouse, Courtroom A801, 901 19th

 Street, Denver, Colorado, on November 9,

2015 at 8:30 a.m.;

I. Counsel are directed to this Court’s Revised Practice Standards (effective

December 1, 2014) to ensure compliance with all deadlines triggered by the setting of

the Final Trial Preparation Conference and Trial; and

J. The Status Conference currently set for October 26, 2015 is hereby

VACATED.

DATED this 11th day of September, 2015.

BY THE COURT:

__________________________

William J. Martínez

United States District Judge

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