Court filing
Criminal Motion and Trial Order — USA v. Western Distribution, LLC. et al. (Dkt. 27, C.D. Cal.)
Filed July 30, 2021 in Carl Bradley Johansson; one of 66 filings from this case.
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2021-07-30 |
U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 27 · 2021-07-30 · Docket on CourtListener
Full text
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
USA
Plaintiff(s),
v.
CARL BRADLEY JOHANSSON, et al.
Defendant(s).
CASE NO:
5:21−cr−00170−VAP
CRIMINAL MOTION AND TRIAL
ORDER
This case is set for trial before the Honorable Judge Virginia A. Phillips, United
States District Judge, Courtroom 8A, First Street Courthouse, 350 W. 1st Street, Los
Angeles, California 90012.
Motions:
1. Judge Phillips hears motions in criminal cases on Mondays at 9:00 a.m.
All pretial motions, including motions to suppress evidence, motions to bifurcate or
sever, motions challenging introduction of Federal Rule of Evidence 404(b)
evidence, and motions in limine shall be filed and served on all other counsel in
accordance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days
before the date set for hearing, if the motion is served electronically or personally on
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opposing counsel, and served at least 31 days before the scheduled hearing date if
not served electronically or personally. Opposition and reply memoranda shall be
filed and served in compliance with the requirements of Local Rule 7-9, i.e., no
later than 21 days and 14 days before the hearing date, respectively. All motions in
limine and other trial-related motions must be noticed properly for hearing no later
than the date of Pretrial Conference. Each side is limited to three (3) motions in
limine and each motion shall not be compound, i.e., each motion shall address only
one item of evidence or witness or, if common grounds for exclusion or admission
apply to multiple items of evidence or witnesses, only one category of evidence or
witnesses. A party seeking to make more than three motions in limine must request
leave of court to do so. A conformed chambers copy of all motions, related
documents, and exhibits, plea agreement(s), sentencing memoranda, and any
objections to the presentence report must be delivered to the chambers
courtesy box located outside of the 4th floor Clerk's Office of the First Street
Courthouse no later than 5:00 p.m. the day after filing. The chambers copy
must comply with all Local Rules, including Local Rule 11-5.3 regarding
formatting.
2. The Pretrial Conference will be conducted at 9:00 a.m. on the Monday
eight days before the trial date, August 30, 2021. (If that Monday is a court
holiday, the Pretial Conference will be conducted at 9:00 a.m. on ,
the Monday fifteen days before the trial date.) All pretrial motions, including any
motions in limine, must be filed and noticed timely for hearing no later than the
date of the Pretrial Conference.
3. Trial is set for September 14, 2021 at 8:30 a.m.
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Discovery and Notice:
4. Counsel for the Government and counsel for the Defendant(s) shall
comply with discovery and notice matters pursuant to Federal Rules of Criminal
Procedure 12, 12.1, 12.2, 12.3, 15, and 16.
Pretrial Deadlines:
5. Counsel for the Government shall lodge in electronic form with the
Court in camera all statements of all witnesses to be called by the Government in
its case-in-chief. The statements shall be lodged at least ten (10) calendar days
before trial and shall comply with Local Rules regarding text size.
6. The parties must submit joint jury instructions. In order to produce the
instructions, the parties shall meet and confer sufficiently in advance of the required
submission date with the goal of agreeing upon instructions and verdict forms.
The jury instructions shall be submitted as follows: (1) joint jury instructions, i.e.,
those instructions to which all parties agree; and (2) disputed jury instructions, i.e.,
those instructions propounded by a party to which another party objects. The party
objecting to the disputed instructions must state the reasons for the objection and, if
appropriate, provide a proposed alternative instruction with supporting authority,
or explain why no instruction on that point is needed. Each requested jury
instruction shall be numbered and set forth in full on a separate page, citing the
authority for or source of the requested instruction except on the "jury copy"
described below.
7. An index page shall accompany all jury instructions that are submitted
to the Court. The index page shall indicate the following:
a. The number of the instruction;
b. A brief title of the instruction;
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c. The source of the instruction; and
d. The page number of the instruction.
EXAMPLE:
Number Title Source Page Number
1 Duty of the Jury 9th Cir. 1.01 1
8. Jury instructions in the form described in paragraph 6 shall be
submitted no later than the Wednesday of the week prior to the Pretrial
Conference. Counsel need only submit proposed substantive instructions. The
Court will formulate general instructions based primarily on the format set out in
the Manual of Model Criminal Jury Instructions for the District Courts of the Ninth
Circuit (2010 Edition).
9. If either side seeks a special verdict, counsel shall follow the procedure
set forth in paragraph 6 in order to formulate a joint proposed special verdict form.
Counsel shall submit the proposed special verdict form with the proposed jury
instructions.
10. Counsel shall submit electronic versions of the proposed jury
instructions and the proposed special verdict form (in Word format) to the Court at
the following electronic mail address: VAP_Chambers@cacd.uscourts.gov, along
with a chambers copy.
11. The Court will send a copy of the jury instructions into the jury room
for use by the jury during deliberations (the "jury copy"). Accordingly, in addition
to the file copies, an extra set of the proposed instructions shall be submitted to the
Court with only the text of the instructions on each page (i.e., no titles, supporting
authority, indication of party proposing, etc.).
12. The Court strongly prefers counsel use the instructions from the
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Manual of Model Criminal Jury Instructions for District Courts in the Ninth Circuit
(2010 edition).
The Pretrial Conference:
13. Counsel shall be prepared to discuss the following matters with the
Court at the Pretrial Conference:
a. The witnesses the Government expects to call in its case-in-chief
and the amount of time necessary for direct and cross examination for each witness;
b. Any anticipated problems in scheduling the witnesses;
c. Any evidentiary issues, including problems related to Federal
Rule of Evidence 404(b) evidence, anticipated objections under Federal Rule of
Evidence 403, and objections to exhibits;
d. Jury selections procedures;
e. All pretrial motions not heard and decided previously;
f. Any disputed jury instructions and the form of the instructions
which will be given to the jury at the outset of the case, i.e., before opening
statements and presentation of evidence;
g. Whether any counsel intends to use any evidence or
demonstrative aid in opening statement; and
h. Motions to exclude witnesses from the courtroom during trial
testimony.
14. If counsel for any party needs to arrange for the installation of its own
equipment, such as video monitors, tape or compact disk players, notebooks, or
overhead projectors, counsel shall notify the Courtroom Deputy Clerk no later than
4:00 p.m. two business days before trial so that the necessary arrangements can be
made.
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Requirements for Trial:
15 On the first day of trial, counsel for the Government shall deliver to the
Courtroom Deputy Clerk the following documents:
a. Three copies of the Government’s witness list;
b. Three copies of the Government’s exhibit list in the form
specified by Local Civil Rule 9.9;
c. All of the Government’s exhibits, with official exhibit tags
affixed, bearing the same number as that shown on the exhibit list. Defense counsel
need not deliver his/her exhibits to the Courtroom Deputy Clerk on the first day of
trial; however, defense counsel is responsible for affixing exhibit tags, complete
with the case name and number, to each exhibit to be used in the defense case.
Exhibits shall be numbered 1, 2, 3, 4, etc. If an enlargement of an existing exhibit
is to be used, counsel shall designate it with the number of the original exhibit
followed by an "A." Templates for exhibit tags are available on the Court’s
website, using form G-014. Counsel for the Government is notified that the Court
will order exhibits such as firearms, narcotics, etc. to remain in the custody of the
case agent during the pendency of the trial. The case agent will be required to sign
sign the appropriate form to take custody of the exhibits. It shall be the
responsibility of the case agent to produce the items for court, secure them at night,
and guard them while in the courtroom; and
d. A bench book containing a copy of all exhibits that can be
reproduced. Counsel for the Government shall mark each exhibit with tabs
indicating the exhibit number. Defense counsel shall provide the Court and
Government counsel with a copy of the defense exhibits if introduced.
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Courtroom Procedures:
16. Counsel shall arrive at the Courtroom not later than 8:30 a.m. each day
of trial. The Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and
administrative matters outside the presence of the jury. The trial will commence
promptly at 9:00 a.m. Counsel shall anticipate matters which may need discussion
or hearing outside the presence of the jury and raise them during this period.
17. The Court is in session with the jury on Tuesdays through Fridays,
9:00 a.m. to 4:30 p.m., with a morning and afternoon break and a lunch recess from
approximately 12:00 p.m. to 1:15 p.m.
18. All counsel shall observe the following practices:
a. All counsel, defendants, and designated case agents shall rise
when the jury enters and leaves the Courtroom;
b. Counsel shall stand when addressing the Court, including when
objecting to opposing counsel’s questions;
c. When objecting, counsel should state only "objection" and the
legal ground for the objection (e.g., hearsay, irrelevant, etc.). Counsel should
refrain from arguing the legal basis for the objection unless permission is granted
to do so;
d. Counsel must seek leave to approach the Courtroom Deputy
Clerk or the witness and should question witnesses while standing at the lectern;
e. Counsel must address and refer to all witnesses, including their
clients, by the witness’s surname. Young witnesses, i.e., children younger than
age 15 may be addressed by first names, however;
f. Counsel shall not discuss the law or argue the case in opening
statements;
g. Counsel shall address all remarks to the Court and should not
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address directly the Courtroom Deputy Clerk, the Court Reporter, or opposing
counsel. Counsel must ask the Court for permission to talk off the record in order
to speak with opposing counsel;
h. Counsel shall not make an offer or stipulation unless he or she
has conferred with opposing counsel and believes that the stipulation will be
accepted. Any stipulation of fact will required the defendant’s (or defendants’)
personal concurrence and shall be submitted to the Court in writing for approval.
A proposed stipulation should be explained to the defendant(s) in advance;
i. While Court is in session, counsel may not leave the counsel
table to confer with investigators, assistants, or witnesses in the back of the
Courtroom unless the Court grants permission to do so in advance;
j. When a party has more than one lawyer, only one of the lawyers
may conduct the examination of a given witness and only that same lawyer may
handle objections during the testimony of that witness;
k. If a witness was on the stand before a recess or adjournment,
counsel shall have the witness back on the stand and ready to proceed when Court
resumes; and
l. If there is more than a brief delay between witnesses, the Court
may deem that the party has rested.
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19. The Court attempts to cooperate with witnesses and will, except in
extraordinary circumstances, accommodate them by permitting them to be
examined out of sequence. Counsel should discuss any scheduling issues with
opposing counsel. If there is an objection, confer with the Court in advance.
IT IS SO ORDERED.
DATED: July 30, 2021
Virginia A. Phillips
United States District Judge
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