Scheduling Order Setting Trial Date as to Alexandra Acosta.… — USA v. Alexandra Acosta (Dkt. 14)

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60170-RNS · Doc. 14 · 2023-10-19 · Docket on CourtListener

Full text

1 
United States District Court 
for the 
Southern District of Florida 
 
United States of America,  
Plaintiff 
 
v. 
 
Alexandra Acosta, 
Defendant. 
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Criminal Case No. 23-60170-CR-Scola 
Scheduling Order Setting Trial Date   
 
The Above Cause is hereby set for Criminal Jury Trial before the 
Honorable Robert N. Scola, Jr., United States District Judge, at 400 North 
Miami Avenue, Courtroom 12-3, Miami, Florida during the two-week period 
commencing December 4, 2023, at 9:00 a.m. or as soon thereafter as the case 
may be called.  A Calendar Call will be held at 9:00 a.m. on Tuesday, 
November 28, 2023, at 400 N. Miami Avenue, Courtroom 12-3, Miami, 
Florida.  All counsel and defendants are required to be present at the 
calendar call. 
It is further Ordered as follows: 
1. 
All requests for Writs Ad Testificandum must be filed not later than 
14 business days prior to the first day of the scheduled trial period.  
2. 
All responses pursuant to the Standing Discovery Order and/or 
Local Rule 88.10 shall be provided in a timely fashion in accordance 
with the dates scheduled by the Magistrate Judge.  Noncompliance 
may result in sanctions.  Any Fed. R. Evid. 404(b) notice shall 
include a specific factual basis for the evidence sought to be 
introduced. 
3. 
All motions filed shall be accompanied by a written statement 
certifying that counsel for the moving party has conferred with 
Case 0:23-cr-60170-RNS   Document 14   Entered on FLSD Docket 10/19/2023   Page 1 of 4

 
 
 
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opposing counsel in a good faith effort to resolve by agreement 
the subject matter of the motion as required by Local Rule 88.9.  
In a multi-defendant case, a defendant moving to continue the trial 
shall confer with all other co-defendants before filing the motion.  
The movant shall indicate in the motion the position taken by each 
other co-defendant with respect to the motion (i.e., whether the 
requested continuance is opposed or agreed to).   
4. 
Counsel shall be prepared to conduct limited voir dire following the 
Court=s questioning of the panel.  The Court will prepare a case-
specific, written questionnaire to be filled out by prospective jurors 
prior to coming to the courtroom. Counsel may submit a total of five 
questions (including sub-parts) to the Court for inclusion in the 
written questionnaire. The five questions should be submitted prior 
to the Calendar Call in the case 
5. 
At Calendar Call all counsel shall submit to the Court a typed list 
of proposed witnesses and/or exhibits to be presented at trial.  All 
exhibits to be offered into evidence must be pre-labeled in 
accordance with the proposed exhibit list.  (Government exhibits 
are to be designated numerically; defense exhibits, alphabetically). 
6. 
If a defendant elects to proceed with a defense strategy by which he 
or she concedes guilt as to one or more of the charges, defense 
counsel must notify the Court of this strategy before this strategy is 
presented to the jury.  This notice is to allow the Court to conduct 
a colloquy with the defendant before the jury hears the concession. 
7. 
If either party seeks to introduce transcript(s) at the trial, such shall 
be exchanged with all counsel before the scheduled day of trial.  If 
a transcript cannot be agreed upon, each party shall be prepared to 
produce its own version for the trier of fact. 
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8. 
All anticipated Jencks Act1 material shall be turned over to defense 
counsel not later than the morning of the first day of trial.  The 
material shall include a face sheet for defense counsel to sign and 
date, acknowledging receipt.  
9. 
Upon receipt of this order, counsel are directed to certify with the 
Court=s courtroom deputy the necessity of an interpreter for the 
Defendant.  Counsel are further instructed to notify the Court, at 
least 24 hours prior to any hearings or trial, if an interpreter is 
required. 
10. 
Counsel are instructed that arrangements for appropriate clothing 
for Defendants in custody must be made with the Bureau of Prisons 
at least seven (7) days prior to the scheduled trial date. 
11. 
Counsel are advised to comply with Local Rule 88.5, requiring 
the filing of speedy trial reports every 20 days hereafter until 
the time of trial or plea.   
12. 
Counsel are reminded that pursuant to the CM/ECF 
Administrative Procedures, Proposed Orders shall be submitted to 
the Court by E-Mail in Word format at scola@flsd.uscourts.gov. 
13. 
Jury Instructions. The parties must submit their proposed jury 
instructions jointly, though they need not agree on each proposed 
instruction. Where both parties agree on a proposed instruction, 
that instruction must be set out in regular typeface. Instructions 
proposed only by a plaintiff must be underlined. Instructions 
proposed only by a defendant must be bold-faced. Every instruction 
must be supported by a citation of authority. The parties should use 
as a guide the Eleventh Circuit Pattern Jury Instructions for Civil 
Cases, including the directions to counsel, or the applicable state 
 
118 U.S.C. ' 3500 
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pattern jury instructions. The parties must jointly file their proposed 
jury instructions via CM/ECF, and must also submit their proposed 
jury instructions to the Court via e-mail at scola@flsd.uscourts.gov 
in Word format (.doc).  
14.   Notification of juror misconduct. Every party has an affirmative duty 
to notify the Court immediately of any possible juror misconduct 
or any information that might possibly reflect on a juror’s ability to 
serve. Immediate notification is required to allow the Court the 
opportunity to address the issue, including questioning the juror 
and, if necessary, discharging the juror and seating an alternate 
juror. In any trial lasting more than five days, the Court imposes an 
affirmative duty on both sides to conduct all reasonable 
investigations of juror misconduct, including statements provided 
during voir dire, and to advise the Court immediately of any 
discovered misconduct. Any party who fails to conduct a reasonable 
investigation in this situation and later discovers an incidence of 
juror misconduct has waived his, her, or its right to rely on that 
misconduct in a motion before this Court. 
Done and Ordered in Chambers at Miami, Florida, on 
October 19, 2023. 
       
 
 
 
 
 
 
 
 
 
 
 
______________________________ 
Robert N. Scola, Jr. 
 
 
 
 
 
 
United States District Judge 
 
 
 
cc:   counsel of record 
 
Case 0:23-cr-60170-RNS   Document 14   Entered on FLSD Docket 10/19/2023   Page 4 of 4

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