Free Scheduling Order - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 658

Filed 02/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. 2. 3. 4. 5. 6. 7. NORMAN SCHMIDT GEORGE ALAN WEED, PETER A.W. MOSS, CHARLES LEWIS, JANNICE McLAIN SCHMIDT, MICHAEL SMITH, GEORGE BEROS,

Defendants. _____________________________________________________________________ SECOND SUPPLEMENTAL SCHEDULING ORDER _____________________________________________________________________ Blackburn, J. The matter is before me for formulation and entry of a further scheduling order, which supplements and revises my Scheduling Order [#96] entered April 30, 2004, and my Supplemental Scheduling Order [#584] entered November 4, 2005. I indicated that I would issue another supplemental scheduling order during the status conference held February 3, 2006. Therefore, after conferring with counsel, I enter the following further supplemental and revised scheduling orders, which reiterate, expatiate, and supplement the orders I entered from the bench during the status conference.

Case 1:04-cr-00103-REB

Document 658

Filed 02/07/2006

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THEREFORE, IT IS ORDERED as follows: 1. That by March 13, 2006, the government shall file its supplemental and updated James log, and the defendants shall file any objections to the updated log within 20 days of its filing, and the government shall file its response to defense objections within 11 days of the timely filing of defense objections;1 2. That when appropriate, any defendant may join the motion of another codefendant by filing a motion to join within 72 hours of the filing of the motion sought to be joined;2 3. That the next status conference shall be conducted on Friday, April 21, 2006, at 1:15 p.m. (MST), at which time all parties in interest and their counsel shall appear without further notice or order, unless sooner excused or as otherwise authorized; 4. That at the next status conference the parties shall be prepared to discuss, inter alia: a. the status of discovery and related issues; b. the status of pending motions, including, but not necessarily limited to, motions to sever, and motions implicating coconspirator statements under Fed.R.Evid 801(d)(2)(E);

This amends my Supplemental Scheduling Order at 2, ¶ 5 [#584] entered November 4, 2005, and corrects the CM/ECF summary for [#584] that erroneously states 3/31/06 as the date by which the government shall file its supplemental and updated James log. Two points: 1) I reserve jurisdiction and discretion to deny a motion to join in those circumstances where a) I find the motion sought to be joined to be personal to the co-defendant filing the motion, or b) I find the motion to be irrelevant to the defendant moving to join; and 2) a defendant may seek to join only a motion that is timely filed.
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Case 1:04-cr-00103-REB

Document 658

Filed 02/07/2006

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c. the deadlines for filing and the protocol for marshaling further motions implicating Fed.R.Evid. 404(b), motions implicating Fed.R.Evid. 702, and motions to suppress;3 and d. the setting of a Trial Preparation Conference and jury trial; and 5. That this order supplements my Scheduling Order [#96] entered April 30, 2004, and my Supplemental Scheduling Order [#584] entered November 4, 2005. Done in chambers February 7, 2006, to confirm, expatiate, and supplement the scheduling and other orders entered from the bench in open court on February 3, 2006.4

BY THE COURT:

s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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Assuming that I have not by then established such deadlines by separate order(s).

Also, I approve, adopt, reiterate, and incorporate again the findings of fact and conclusions of law in my Order Granting Defendant' Motion for Declaration of Complexity [#95] entered April 30, s 2004.

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