Amended Scheduling Order as to Diop McKenzie Motion to Suppress Hearing set — USA v. McKenzie (Dkt. 55, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:23-cr-00088 · Doc. 55 · 2024-03-11 · 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.: 2:23-cr-88-SPC-KCD 
DIOP MCKENZIE 
 
/ 
AMENDED SCHEDULING ORDER 
The Court enters this Amended Scheduling Order for the evidentiary 
hearing on Defendant Diop McKenzie’s Motion to Suppress (Doc. 45) set for 
March 26, 2024, at 9:30 a.m.   
1. 
Witness Lists. No later than noon on March 25, 2024, counsel 
for each party must send a confidential email attaching a list of witnesses who 
may be called at the hearing—for the Court’s use only—to Chambers’ inbox.  
In addition, on or before the morning of the hearing, counsel must file their 
final witness lists, as well as give three copies to the Courtroom Deputy Clerk.  
Counsel must use the Criminal Witness List form found on the undersigned’s 
website.1  Absent good cause, the Court may not permit the testimony of 
unlisted witnesses at the hearing.   
2. 
Exhibit Lists. On the morning of the hearing, counsel must 
provide the Courtroom Deputy Clerk with three copies of their exhibit lists and 
 
1 When completing the required Witness List form, counsel may ignore the column titled, 
“Date(s) Testified,” as that column is reserved for the Court.   
Case 2:23-cr-00088-SPC-K_D     Document 55     Filed 03/11/24     Page 1 of 4 PageID 243

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email the lists in Microsoft Word® format to the Chambers’ inbox.  Include the 
case number and case name in the email subject line.  Counsel must use the 
Exhibit List form found on the undersigned’s website.   
3. 
  Marking Exhibits. Before the hearing, counsel must mark 
exhibits using the exhibit tags on the undersigned’s website.  Counsel must 
staple the appropriate colored, party-specific exhibit tag to the upper right 
corner of the first page.  In completing the exhibit tags, the Government and 
Defendant must use consecutive numbers to mark exhibits.  For example: 
Type of Exhibit 
Examples and Instructions 
Government 
Gov. 1, Gov. 2, Gov. 3, etc. 
Defendant 
Def. 1, Def. 2, Def. 3, etc. 
Joint Exhibits 
Joint 1, Joint 2, Joint 3, etc. 
Composite 
Exhibits 
Mark each exhibit in the 
composite separately using 
a number and lower-case 
letter, e.g., Gov. 1a, Gov. 
1b, Gov. 1c, etc.  
Identify each exhibit in 
the composite on a 
separate line in the 
exhibit list. 
 
Direct questions on exhibit lists and tags to the Courtroom Deputy Clerk. 
4. 
Electronic Exhibit Binder. No later than noon on March 25, 
2024, counsel for each party must provide the undersigned an electronic 
exhibit binder that contains all exhibits each party intends to introduce at the 
hearing.  The electronic exhibit binder is for the undersigned’s use only and 
replaces the hardcopy exhibit binder traditionally submitted to the Court. 
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Because the electronic exhibit binder is for the undersigned, counsel must still 
bring paper copies of all exhibits that may be introduced at the hearing.   
Each separate exhibit must be saved as a PDF document and then 
combined with the other exhibits into a single PDF file.  The single PDF file is 
the electronic exhibit binder.  Within the single PDF file, counsel must identify 
each exhibit separately using PDF bookmarks.2  When possible, counsel should 
scan an exhibit for the electronic exhibit binder with Optical Character 
Recognition.  
The electronic exhibit binder must be emailed to the Chambers’ inbox.  
Include the case number and case name in the email subject line.  If the file 
containing the electronic exhibit binder is too large to email, counsel should 
contact the Courtroom Deputy Clerk. 
5. 
Courtroom Technology. Counsel must use the technology and 
equipment available in the courtroom.  So counsel should contact the 
Courtroom Deputy Clerk to test the equipment before the hearing. 
6. 
Sanctions. A party who does not comply with the preceding 
paragraphs may be subject to sanctions including, but not limited to, the 
preclusion of exhibits and witnesses at the hearing. 
 
 
1 If an exhibit is physical evidence (e.g., drugs, ammunition, firearm), counsel should insert 
a placeholder exhibit that states, “Exhibit [Number] is [description of exhibit].” 
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DONE AND ORDERED in Fort Myers, Florida on March 11, 2024. 
 
 
Copies: All parties of record 
 
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