Unopposed Motion for Order Exempting Trial Exhibits — USA v. Sheppard (Dkt. 195, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 195 · 2024-01-22 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FORIDA 
CASE No. 22-20290-CR-BLOOM/OTAZO-REYES 
 
UNITES STATES OF AMERICA, 
 
Plaintiff,  
v.  
ERIC DEAN SHEPPARD, 
 
Defendant. 
____________________________________/ 
UNOPPOSED MOTION FOR ORDER EXEMPTING TRIAL EXHIBITS FROM 
ELECTORNIC FILING AND FOR EXTENSION OF TIME TO FILE 
 
Defendant Eric Dean Sheppard respectfully submits Motion for Order Exempting Trial 
Exhibits from Electronic Filing and for One-Day Extension of Time to File with the Clerk of the 
Court. In support, Defendant states: 
1. 
Trial commenced on November 27, 2023, and continued until January 12, 2024. 
The Court admitted over 100 defense exhibits. 
2. 
Many of the exhibits contain voluminous amounts of confidential information that 
is subject to privacy protections in accordance with Fed. R. Crim. P. 49.1 and/or CM/ECF 
Administrative Procedures, Section 6. 
3. Local Rule 5.3(3)(C) provides: 
The following exhibits shall be exempt from mandatory electronic 
filing and service in the CM/ECF system: 
 
When permitted by order of the Court, exhibits containing 
voluminous amounts of confidential information that is subject to 
privacy protections in accordance with Fed. R. Civ. P. 5.2, Fed. R. 
Crim. P. 49.1, or other applicable rule or statute; within ten (10) days 
of the conclusion of the hearing or trial, unless otherwise ordered, 
such exhibits must be delivered to the Clerk of the Court either in 
original physical form or on a CD, DVD, or other electronic medium 
Case 1:22-cr-20290-BB   Document 195   Entered on FLSD Docket 01/22/2024   Page 1 of 3

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containing a copy of the exhibit, but such exhibits are not to be filed 
and served in the CM/ECF system, and the filer is not required to 
comply with CM/ECF Administrative Procedures, Section 6, 
Redaction 
of 
Personal 
Information, 
Privacy 
Policy, 
and 
Inappropriate Materials. 
 
4. 
On January 16, 2024, the government obtained approval from the Court to file its 
trial exhibits with the Clerk of the Court on a thumb drive, in accordance with S.D. Fla. Local Rule 
5.3(3)(C). [D.E. 184]. 
5. 
Defendant seeks the same relief via this Motion. Defendant must also file some 
exhibits with the Clerk of the Court, as several defense exhibits are images and videos that are not 
able to be filed on PACER. 
6. 
Defendant also seeks a one-day extension of time, until January 23, 2024, to file its 
admitted exhibits on a thumb drive with the Clerk of the Court. 
7. 
This one-day extension is not sought for purposes of delay and will not prejudice 
any party. 
8. 
Undersigned counsel met and conferred with counsel for the United States, who 
advised that the government does not oppose this motion. 
9. 
A proposed order is attached. 
WHEREFORE, Defendant respectfully request an order permitting the filing of defense 
exhibits on a thumb drive with the Clerk of the Court, and for a one-day extension of time to do 
so, until January 23, 2024. 
 
 
 
 
Case 1:22-cr-20290-BB   Document 195   Entered on FLSD Docket 01/22/2024   Page 2 of 3

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Dated: January 22, 2024. 
 
 
 
Respectfully submitted,  
NELSON MULLINS  
One Biscayne Tower, 21st Floor  
2 S. Biscayne Boulevard  
Miami, FL 33131  
Telephone: 305.373.9400  
By: /s/ Christopher Cavallo 
Jayne C. Weintraub 
Florida Bar No. 320382 
Jonathan Etra  
Florida Bar No. 686905 
Christopher Cavallo  
Florida Bar No. 0092305 
 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on January 22, 2024, the foregoing document was filed via the 
Court’s CM/ECF system to all counsel of record.  
/s/ Christopher Cavallo  
Christopher Cavallo 
Case 1:22-cr-20290-BB   Document 195   Entered on FLSD Docket 01/22/2024   Page 3 of 3

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