Scheduling Order as to Daniel Joseph Tisone Status Conference set — USA v. Tisone (Dkt. 31, M.D. Fla. No. 2:22-mj-01043, docketed in No. 2:22-cr-00039)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:22-cr-00039-SPC-NPM · Doc. 31 · 2022-04-21 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
CASE NO.: 2:22-cr-39-SPC-NPM 
DANIEL JOSEPH TISONE 
 
 
 
PRETRIAL CRIMINAL SCHEDULING ORDER1 
Now that Defendant has been arraigned or waived arraignment, the Court 
enters this Pretrial Criminal Scheduling Order to control this case, eliminate 
unjustifiable expense and delay, and secure a fair outcome.  The parties must comply 
with these requirements with minimal (or no) need for Court intervention. 
Accordingly, it is ORDERED: 
A. Rule 16 Disclosures 
1. This Order assumes each party has or will request all disclosures under Rule 
16 of the Federal Rules of Criminal Procedure.2 
a. On or before April 28, 2022, Defendant may file a notice stating 
he/she does not request any disclosure under Rule 16(a)(1)(E)-(G). 
The notice must identify the specific disclosures not requested and 
 
1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees.  By using hyperlinks, 
the Court does not endorse, recommend, approve, or guarantee any third parties or the services or 
products they provide, nor does it have any agreements with them.  The Court is also not responsible 
for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 
 
2 Unless otherwise noted, all references to rules means the Federal Rules of Criminal Procedure. 
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corresponding subsections.  The Government has no obligation to 
provide any disclosure to the extent specified in the Defendant’s 
notice. 
b. If Defendant timely elects against Rule 16(a)(1)(E)-(G) disclosures, 
then Defendant need not provide reciprocal discovery under Rule 
16(b)(1). 
c. Defendant’s election not to request any Rule 16(a)(1)(E)-(G) 
disclosures does not otherwise relieve a party from complying with 
this Order. 
2. On or before May 5, 2022, the Government must make all disclosures under 
Rule 16(a)(1). For any Rule 16(a)(1)(A) disclosures, the Government must 
disclose and provide for inspection, copying, or photographing any written 
record that contains the substance of Defendant’s relevant oral statement. 
3. On or before May 12, 2022, Defendant must make all disclosures under Rule 
16(b)(1). But Defendant need not do so until the Government complies with 
Rule 16(a)(1)(E)-(G). 
 
B. Additional Disclosures and Discovery 
1. On or before May 5, 2022, the Government must disclose to Defendant and 
provide for inspection, copying, or photographing the following information 
as it relates to this case: 
a. nature and extent of electronic surveillance or mail covers that law 
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enforcement officers and witnesses used in investigating this case; 
b. all recordings and final transcripts of electronic surveillance made 
during the investigation of this case, regardless of whether the 
Government intends to use the recordings and transcripts in its case-
in-chief; 
c. all items seized from a Defendant and all the seized evidence, if any, 
the Government intends to introduce in its case in chief at trial and 
permit a Defendant to inspect and copy any search warrant, affidavit, 
and inventory of any search under Rule 41, pursuant to which the 
evidence was seized; 
d. whether the Government used a confidential informant in its 
investigation; 
e. whether any individual has identified Defendant in a lineup, show up, 
photo spread, or other identification proceeding; 
f. any picture used in or resulting from identification in a lineup, show 
up, photo spread, or similar identification proceeding; 
g. copies of all latent fingerprints or palmprints that a Government 
expert has identified as belonging to Defendant for independent 
examination; 
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h. general nature and purpose3 of evidence of Defendant’s other crimes, 
wrongs, or acts the Government intends to introduce at trial under 
Federal Rule of Evidence 404(b)—failure to do so may bar use of such 
evidence at trial.  The disclosure must describe Defendant’s specific 
prior conduct to apprize Defendant of its general nature; and 
i. potential conflicts of interest for defense counsel to represent 
Defendant. All parties must ask their witnesses about matters that 
may cause a conflict of interest, including whether any attorney has 
represented the witness. 
2. On or before May 5, 2022, the Court requests—but does not require—the 
Government make all disclosures under the Jencks Act, 18 U.S.C. § 3500, 
and Rules 26.2 and 12(h). If not done, the parties must do so after the witness 
has testified on direct examination. 
3. On or before 14 days before the first day of the trial term, the Government 
must disclose to Defendant and permit inspection, copying, and 
photographing: 
a. all information and material favorable to Defendant’s guilt or 
punishment pursuant to Brady v. Maryland, 373 U.S. 86 (1963), its 
progeny, and other applicable case law; and 
 
3 Examples of purpose are proof of motive, opportunity, intent, preparation, plan, knowledge, 
identity, or absence of mistake or accident. 
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b. substance of payments, promises of immunity, leniency, preferential 
treatment, or other inducements made to prospective Government 
witnesses per Giglio v. United States, 405 U.S. 150 (1972) and other 
applicable case law.  For each Government witness who may testify 
at trial, the Government must (1) give Defendant a record of all prior 
convictions for impeachment evidence; and (2) make available any 
application to the Court for a witness’ immunity and the 
corresponding order. 
4. The Government must tell all law enforcement agents and officers involved 
in this case to retain any rough notes, recordings, reports, and statements 
pertaining to this case that now exist. 
5. The Government must give Defendant’s counsel fourteen days written 
notice before destroying any evidence in this case. If Defendant objects to 
the destruction, the Government cannot destroy the evidence without the 
Court’s prior approval. 
 
C. Continuing Duty to Disclose and Extending Deadlines 
1. A party who discovers additional evidence or material must disclose its 
existence—within seven days after it comes into counsel’s possession—to 
the other party or the Court if the (a) evidence or material is subject to 
discovery or inspection under this Scheduling Order; and (b) other party 
previously requested, or the Court ordered, its production. 
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2. The parties may agree in writing—without Court intervention—to extend 
the deadlines for Rule 16 disclosures and other discovery, provided the 
extensions do not disrupt or delay trial, status conferences, or the pretrial 
motions deadlines. 
3. The Government must inform the Court of any delay in the prompt 
disposition of this case under the Speedy Trial Act of 1974, 18 U.S.C. § 3165, 
the Middle District of Florida’ Speedy Trial Plan, and Rule 60. 
 
D. Notices 
1. Within three days of providing Defendant all disclosures and discovery 
required by this Order, the Government must file a notice stating the dates 
it produced the information and the contents of such discovery (if 
confidential then under seal). 
2. On or before May 5, 2022, the Government must file a notice listing each 
person or non-government entity who has or may have a financial interest 
in a party or this case. The notice must include each: 
a. victim of the charged conduct who may be entitled to restitution; 
b. person or non-government entity who may claim an interest in 
forfeitable assets; 
c. corporation, partnership, or association that a Defendant controls; 
and 
d. publicly traded corporation that is a parent, subsidiary, or affiliate of 
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a victim or otherwise interested corporation. 
Thereafter, all parties must notify the Court immediately when they learn of 
any ground for recusal or disqualification of an assigned judge or attorney of 
record. 
3. On or before May 19, 2022, the Government and Defendant must file their 
respective notices under Rules 12(b)(4), 12.1, 12.2, and 12.3, if applicable. 
 
E. Motions 
1. On or before 14 days after arraignment, Defendant may move for a bill of 
particulars.  See Fed. R. Crim. P. 7(f). 
2. On or before May 5, 2022, all Rule 12(b) motions and other pretrial motions 
(except for motions in limine), must be filed in compliance with Rule 47 and 
Local Rule 3.01. 
a. Failure to raise defenses or objections by timely motion will constitute 
waiver.  Relief from waiver may be granted for cause on a showing of 
excusable neglect. 
b. If a party does not file a timely Rule 12(b)(3) motion, the Court may 
deny the motion as untimely.  See Fed. R. Crim. P. 12(c)(3). 
c. Before filing any motion (except ex parte motions), the moving party 
must confer with opposing counsel in person or by telephone in a 
good-faith effort to resolve, clarify, or narrow the disputed issues.  
Trying to confer is not enough.  The motion must include a statement 
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certifying the following information: 
i. moving counsel has conferred with opposing counsel; 
ii. counsel has not resolved the motion by agreement; and 
iii. the motion concerns a matter not covered by this Order. 
The Court may deny without prejudice motions lacking the 
required certificate. 
3. The parties must not file unnecessary discovery motions about matters 
covered in this Order. Any such motions may be denied as moot. 
4. On or before May 19, 2022, the non-moving party must file a response to a 
pretrial motion in accordance with Local Rule 3.01. 
 
F. Status Conference and Trial Term 
1. This case is set for an in-person status conference on May 9, 2022 at 9:30 
AM before United States District Judge Sheri Polster Chappell in 
Courtroom 5D The Court prefers counsel to appear in person, but counsel 
may move to appear telephonically. 
2. This case is set for trial during the June 2022  trial term before United States 
District Judge Sheri Polster Chappell.4 Counsel and their witnesses must be 
available and ready for trial on 24 hours’ notice after the first day of the trial 
 
4 Unless Defendant consents otherwise in writing, the trial will not start less than 30 days from the 
date on which Defendant first appeared through counsel or expressly waived counsel and elects to 
proceed pro se.  18 U.S.C. § 3161(c)(1).   
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term. 
3. Once Defendant announces ready for trial, the District Judge will issue a 
Final Criminal Scheduling Order with deadlines for jury instructions, verdict 
forms, voir dire questions, exhibit lists, witness lists, electronic exhibit 
binder, and motions in limine. 
DONE AND ORDERED in Fort Myers, Florida on April 21, 2022. 
 
 
 
 
Copies:  All Parties of Record 
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