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United States v. Rollins

United States District Court, E.D. Wisconsin

October 3, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DOMINIQUE A. ROLLINS, OTIS HUNTER, KELLY SCOTT, DESHAWN EVANS, and ANTHONY LINDSEY, Defendants.

          SECOND AMENDED TRIAL SCHEDULING ORDER

          J.P. STADTMUELLER U.S. DISTRICT JUDGE

         On January 27, 2017, this case was filed with the Court and has been assigned to this branch for further proceedings. The Court entered its original scheduling order on February 23, 2017, (Docket #14), but it was later vacated after the grand jury returned a superseding indictment which joined new defendants. The Court then issued an amended scheduling order. (Docket #64).

         The parties have now sought an additional adjournment of the trial date in light of the complexity of the case and the need for new counsel to review the relevant discovery materials. (Docket #76). Magistrate Judge David E. Jones held a hearing on that motion and recommends that it be granted. (Docket #79). The Court, having reviewed the magistrate's recommendation and the parties' submissions, will adopt the recommendation and extend the applicable deadlines and the trial date as requested. The Court now issues this second amended trial scheduling order to embody those new dates and ensure that this matter is resolved expeditiously.

         Accordingly, IT IS ORDERED that Magistrate Judge David E. Jones' September 26, 2017 report and recommendation (Docket #79) be and the same is hereby ADOPTED in full;

         IT IS FURTHER ORDERED that Defendants' joint and unopposed motion to adjourn the trial (Docket #76) be and the same is hereby GRANTED;

         IT IS FURTHER ORDERED that the period from September 16, 2017 until January 29, 2018, inclusive, be and the same is hereby excluded from any computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), as the ends of justice will be served by permitting the parties' requested extension of the trial date and pretrial deadlines, based on the complexity of the case and the need for counsel to prepare for trial, and the defendants' and the public's best interest in a speedy trial are thereby outweighed; and

         IT IS FURTHER ORDERED as follows:

         The following proceedings in this case have been set and will be held before the Honorable J.P. Stadtmueller in the United States Courthouse, 517 East Wisconsin Avenue, Room 425, Milwaukee, Wisconsin 53202:

FINAL PRETRIAL CONFERENCE: Tuesday, January 23, 2018 at 8:30 a.m.

         JURY TRIAL: Monday, January 29, 2018 at 8:30 a.m.

         Counsel for the defendants are directed to notify their clients of the date and time of the above scheduled court proceedings. It is the responsibility of the assigned Assistant U.S. Attorney, in consultation with the defendants' attorneys, pretrial services, U.S. Marshals Service, state authorities, and/or the Bureau of Prisons, to ascertain the custodial status of the defendants and take all appropriate measures, including timely application for a writ of habeas corpus, to ensure the defendants' presence.

         To ensure adequate preparation of the case for trial, IT IS FURTHER ORDERED that counsel who will actually try the case for the government and the defendants confer in person, and thereafter prepare and file a single joint final pretrial report, the principal burden for the preparation and filing of which rests with counsel for the government. Consistent with the facts and law applicable to the case, the report must fully address each of the following:

1. A brief summary of the charge(s) against the defendants, bearing in mind that this summary will be read verbatim to potential jurors to inform them of the identity of the ...

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