Amended Order Setting Trial Date — United States v. Philossaint (Dkt. 56, S.D. Fla.)

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An Amended Order Setting Trial Date in United States of America v. Joff Philossaint, Mariel Tollinchi, Regine Rene and Brianna Gayle, Case No. 22-80144-CR-SMITH, in the U.S. District Court for the Southern District of Florida, dated October 19, 2022. The amended order sets the case for a criminal jury trial in Fort Lauderdale during the two-week period commencing November 21, 2022, with a calendar call on November 15, 2022. It keeps the requirement that pretrial motions and motions in limine be filed within 28 days of arraignment, with each party limited to one motion in limine. It also sets requirements for proposed voir dire questions, proposed jury instructions, conferral on motions under Local Rule 88.9, and speedy trial reports every 20 days.

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Case 9:22-cr-80144-RS Document 56 Entered on FLSD Docket 10/19/2022 Page 1 of 4




                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA

                               CASE NO: 22-80144-CR-SMITH

 UNITED STATES OF AMERICA,

        Plaintiff,
 vs.

 JOFF PHILOSSAINT,
 MARIEL TOLLINCHI,
 REGINE RENE,
 BRIANNA GAYLE

       Defendants.
 ________________________________________/

                        AMENDED ORDER SETTING TRIAL DATE


        THE ABOVE CAUSE is hereby set for Criminal Jury Trial at 299 East Broward
 Boulevard, Courtroom 202B, Fort Lauderdale, Florida, during the two-week period commencing
 November 21, 2022 or as soon thereafter as the case may be called. A Calendar Call will be held
 at 9:00 a.m. on Tuesday, November 15, 2022 at the same location. All pre-trial motions and
 motions in limine must be filed by 28 days from arraignment. Each party is limited to filing one
 motion in limine; if there is more than one Defendant, Defendants shall file a combined motion.
 Motions in limine may exceed the page limits allowed by the Rules.

        It is further ORDERED as follows:

 1.     All requests for writs ad testificandum must be filed at least twenty-one (21) business
        days prior to the first day of the scheduled trial period.

 2.     All responses to the Standing Discovery Order and 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.

 3.     All motions filed shall be accompanied by a written statement certifying that counsel
        for the moving party has conferred with opposing counsel in a good faith effort to

Case 9:22-cr-80144-RS Document 56 Entered on FLSD Docket 10/19/2022 Page 2 of 4




       resolve by agreement the subject matter of the motion, where required by Local Rule
       88.9.

 4.    Counsel shall be prepared to conduct limited voir dire following the Court’s questioning
       of the panel. Prior to Calendar Call, counsel shall also file proposed voir dire questions.
       Proposed jury instructions, in typed form, including substantive charges and defenses, shall
       be submitted to the Court prior to Calendar Call, in Word format, via e-mail to
       smith@flsd.uscourts.gov. Instructions for filing proposed documents may be viewed at
       http://www.flsd.uscourts.gov.

 5.    Prior to Calendar Call, all counsel shall file lists 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 any party seeks to introduce a transcript or transcripts at the trial, that party shall provide
       copies of the proposed transcript or transcripts to all other parties within the discovery
       period set forth in the Standing Discovery Order. If additional time is required to
       provide transcripts, the party must obtain an extension of time from the Court. If the parties
       cannot agree on a transcript, each party shall be prepared to produce its own version for
       the trier of fact.

 7.    All anticipated Jencks Act 1 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.

 8.    Upon receipt of this Order, defense counsel shall certify with the Court’s courtroom deputy,
       patricia_mitchell@flsd.uscourts.gov the necessity of an interpreter for the defendant. The
       parties are further instructed to notify the Court, at least (2) business days prior to any
       hearings or trial, if an interpreter is required.

 9.    Arrangements for appropriate clothing for defendants in custody must be made with the

Case 9:22-cr-80144-RS Document 56 Entered on FLSD Docket 10/19/2022 Page 3 of 4




       Bureau of Prisons at least seven (7) days prior to the scheduled trial date.

 10.   Should any plea offer be made by the Government but not accepted by Defendant(s), the
       Government shall attach to any such offer a cover sheet with space for Defendant(s) and
       Defendant(s) attorney to certify that Defendant(s) has reviewed the plea offer. The cover
       sheet shall also include space for Defendant(s) and Defendant(s) attorney to certify the
       dates of signature. This document shall be signed by Defendant(s) and Defendant(s)
       attorneys before trial. This document shall not be filed with the Court or otherwise
       provided to the Court but shall be maintained within the Government’s case file. The
       parties shall not advise the Court whether any plea offer has been made or, if so, of
       the contents of any plea offer that might have been made. See United States v. Tobin,
       676 F.3d 1264 (11th Cir. 2012). Before trial begins or a change of plea is taken, the Court
       will specifically inquire as to whether the parties have complied with this paragraph of this
       Order. The parties shall respond with either a yes or a no, without further elaboration.
       If no plea offer has been made or if a plea offer has been made and the requirements of this
       paragraph have been satisfied, the answer shall be a yes.

 11.   If this matter will be resolved by way of change of plea, the parties shall email the
       courtroom deputy immediately upon reaching such determination to set the matter for a
       change of plea.

 12.   The parties shall comply with Local Rule 88.5, requiring the filing of speedy trial
       reports every 20 days hereafter until the time of trial or plea.

 13.   Local Rule 7.1(a)(2) requires that certain motions be accompanied by proposed orders;
       such proposed orders must be filed as attachments to the motions.

       FURTHERMORE,            PURSUANT         TO     THE     CM/ECF       ADMINISTRATIVE
       PROCEDURES, PROPOSED ORDERS SHALL BE SUBMITTED TO THE
       COURT BY E-MAIL IN WORD FORMAT AT smith@flsd.uscourts.gov.

Case 9:22-cr-80144-RS Document 56 Entered on FLSD Docket 10/19/2022 Page 4 of 4




       DONE AND ORDERED in Fort Lauderdale, Florida this 19th day of October, 2022.

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