USA v. Wells

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA
Plaintiff,
vs.
JAMES MICHAEL WELLS,
Defendants.
3:13-cr-00008-RRB-JDR
SECOND
PRE-TRIAL SCHEDULING
ORDER
Trial in this case is currently set for February 18, 2014. The case has
been declared complex and/or extended by the trial judge.
The United States Attorney for the District of Alaska is expected to submit her
recommendation and any supporting memorandum concerning whether the death penalty
is sought to the Capital Review Committee in a timely manner. The government will file
a notice under 18 U.S.C. § 3593(a) if it decides to pursue the death penalty. If the
government decides not seek the death penalty, it will file a notification on the record
with a copy to the defendant that it will not seek the death penalty.
Pursuant to the status conference held April 29, 2013, the following
schedule allows reasonable time for counsel for the parties to discharge their
respective duties with respect to the question of whether the death penalty should
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be sought, giving due regard to the factual complexity of the case. 	The Court
recognizes that scheduling extensions may be necessary to accommodate full
development of facts related to the defendant’s guilt and aggravating factors as the
case proceeds. Accordingly, the following schedule for pre-trial motion practice shall
be adopted:
Action 	Date
Rule 16(a)(1)(A), (B), and (D) discovery 	Completed on 2/22/13
Rule 16(a)(1)(E) inspection of physical items 	3/5/13
Rule 16(a)(1)(E) production of documents 	3/15/13
Defense discovery motions 	7/26/13
Motions to suppress statements 	8/30/13
Motions to suppress physical evidence 	9/27/13
Expert notices 	10/25/13
Rebuttal expert notices 	11/29/13
Daubert Motions 	12/3/13
Motions in Limine
· 	F.R.E. 404(b) notices will be provided
4 weeks prior to the motions in limine
deadline.
12/16/13
Jencks and Giglio material 	1/10/14
Inspection of trial documents and objects 	1/17/14
Oppositions to motions shall be due 14 days after the motion is filed.
Any replies to a motion listed above shall be due 7 days after the filing of any
response/opposition. Evidentiary hearings or arguments shall be scheduled promptly as
needed.
In order to keep the Court and the parties fully advised on matters affecting
the progress of the case toward its ultimate disposition, regular status conferences to be
held approximately every 45 days. The next status conference before Judge Roberts
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is set for June 12, 2013 at 2:00 P.M. Further status conferences will be scheduled at the
next scheduled hearing or upon motion of the parties. Counsel may arrange for telephonic
appearance(s) by calling Meet-Me-Bridge "A" at 907-677-6246. Unless otherwise ordered,
Mr. Wells may participate by telephone in the status hearings.
DATED this 	30th day of April, 2013, at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge
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